SC partially OKs dismissed Sandigan Justice Ong's plea for judicial clemency
MANILA, Philippines — The Supreme Court has granted judicial clemency to dismissed Sandiganbayan Justice Gregory Ong who was found guilty in 2014 of gross misconduct, dishonesty and impropriety over his alleged links to businesswoman Janet Lim-Napoles, who is on trial before the anti-graft court over pork barrel scam.
The SC en banc partially granted Ong’s appeal for Judicial Clemency, granted his retirement benefits and declared him as entitled to his full pension. It added Ong forfeits two-thirds of his lump-sum benefit as penalty.
The high court also lifted the penalty of disqualification from reemployment of government agencies, including government-owned or controlled corporations.
“Ong’s demonstration of remorse and reformation, along with his dire state, compels us to mitigate his penalty,” the SC said in a resolution dated Jan. 19, 2021.
2014 dismissal
The SC in September 2014 found that Ong, who was chair of the Sandiganbayan Fourth Division, inappropriately met with Napoles after her acquittal in 2010 in the purchase of 500 Kevlar helmets by the Philippine Marines.
The investigation into Ong three years since the acquittal of Napoles, where Ong concurred with the ruling. Pork barrel scam lead whistleblower Benhur Luy before the Senate Blue Ribbon Committee in 2013 accused Ong of being in personal contact with Napoles. His photo with Napoles and former Sen. Jinggoy Estrada also circulated during the same period.
This prompted the high court to conduct an investigation, headed by retired Justice Angelina Sandoval-Gutierrez.
Ong explained that he did not know Napoles when the case was still pending. He added that the photo was taken in a party hosted by Estrada in 2012 and he had simply thanked Napoles for helping him access the robe of the Black Nazarene, which he believed would heal him of prostate cancer.
The SC in 2014 however held that the “totality of circumstances” of Ong’s links to Napoles revealed his “corrupt inclinations” that tarnished the image of the Judiciary. It also found the anti-graft justice guilty of dishonesty when he denied that he attend Napoles’ events and failed to mention he visited the latter.
Plea for Judicial Clemency
Five years since his dismissal, Ong sought the SC for judicial clemency telling the court that he had become a “remorseful and better individual” over time and that he took full responsibility for his actions. He added that the restoration of privileges is a matter of economic necessity.
The SC, in resolving the plea, explained that judicial clemency is “’an act of mercy removing any disqualification’” which may be granted only upon a strong proof that it is warranted.”
The high court also said the claimant must also show remorse and reformation that would reflect the redemption of moral aptitude “by clearly understanding the gravity and consequences of their conduct.”
In Ong’s case, the SC said: “Considering the circumstances here, this Court partly grants the plea.”
“Here, Ong was remorseful in his conduct and has accepted the verdict laid down on him. In his plea, he professes that he respects and accepts the wisdom of the decision, and he understood the gravity and consequences of his acts,” the resolution read.
The court also considered that the six years that passed since the dismissal is sufficient time for Ong to reform. It also noted the current plight of Ong who told the court that his prostate cancer recurred and claimed that being allowed to return to government work would he would be able to redeem his years and be of service to the people.
But the SC stressed that it does not disregard the gravity and consequences of Ong’s past misconduct, but noted that: “Humanity calls us to show benevolence and compassion to those deserving.”
“With the second chance given him, this Court will expect much from Ong. We hope that he will not disappoint,” it added.
Associate Justice Marvic Leonen penned the ruling, with concurrences from 11 justices. Then-Chief Justice Diosdado Peralta took no part, while Associate Justice Ricardo Rosario was on official leave.
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