‘Next ombudsman must be fiercely independent’

MANILA, Philippines — The next ombudsman must not be easily influenced by any person or organization, an advocacy group urged the Judicial and Bar Council (JBC) and President Marcos.

“A competent ombudsman, fiercely independent, with unquestionable integrity, immune from partisan politics and possessed of the courage to take on the most difficult and complex cases – this is our crying need, our fervent want, our desperate common prayer,” Right to Know, Right Now! Coalition said in a press statement.

The group, which advocates for transparency in the government, issued the statement as the JBC is currently in the process of screening 17 applicants vying for the ombudsman post vacated by Samuel Martires after the end of his seven-year term last July 27.

Under the Revised JBC Rules, vacancy for the ombudsman post shall be filled within three months from its occurrence.

An ombudsman must be appointed by the President from a shortlist of at least three nominees to be submitted by the JBC. An ombudsman shall serve for a term of seven years without reappointment.

The coalition said that amid the systemic corruption in the government as bared by controversies involving ghosts and substandard flood control projects, unprogrammed budget insertions and “shameless display of ostentatious wealth by contractors and politicians, likely financed by ill-gotten public funds,” the country cannot afford an ombudsman who is timid and beholden to politicians.

“Amidst this impunity, the JBC and the President must make a bold and correct choice for the next ombudsman, on behalf of the best interests of the people and the public coffers,” it noted.

“We cannot afford an ombudsman who is timid, compromised or beholden. We need one who will not blink in the face of political pressure and who will use the office’s full powers to uncover, prosecute and prevent corruption,” the group added.

The Office of the Ombudsman, an independent body created under the Constitution with the primary duty of investigating public officials and employees for any criminal and administrative offenses, especially those involving corruption. It also leads the prosecution of corruption-related cases against public officials before the anti-graft court Sandiganbayan.

Some of the policies Martires implemented during his term were criticized for contravening the right of the people to information on matters of public concern and the “accountability of public officials” enshrined in Articles III and XI of the Constitution, respectively.

Groups specifically opposed Martires’ order to stop the conduct of lifestyle checks on public officials suspected of corruption.

Internal appointment?

Meanwhile, retired and former employees of the National Bureau of Investigation (NBI) urged President Marcos to appoint the bureau’s next director from its current leadership, following the irrevocable resignation of director Jaime Santiago.

In a letter dated Aug. 28, the NBI Retirees and Ex-Employees Association Inc. said choosing a career official would ensure stability in the bureau.

Association president Ricardo Diaz said the appointment should also be consistent with Republic Act 10867, or the NBI Reorganization and Modernization Act of 2016, which was enacted to professionalize the bureau’s ranks.

RA 10867 provides that the NBI director shall be appointed by the president and shall have the rank, salary and benefits of an undersecretary.

The law states that the director must be a natural-born citizen, a member of the Philippine Bar in practice for at least 15 years and preferably chosen from within the bureau’s directors.

The group endorsed Deputy Director Jose Justo Yap and Deputy Director Antonio Pagatpat, who the group said are practicing lawyers.

Yap is currently the deputy director for administration, while Pagatpat is the deputy director for operations. Diaz described both as career officials with the qualifications to lead the agency.

Santiago, in a brief Viber message to The STAR, said the choice of his successor is the prerogative of the President.

Meanwhile, amid speculation that former Philippine National Police chief Gen. Nicolas Torre III could be named as the next NBI chief, Santiago clarified that Torre, who is not a lawyer, could only be designated as officer-in-charge (OIC).

“It should be a lawyer, but it is possible, only as an OIC just like Distor,” he said, referring to former NBI officer-in-charge Eric Distor.

Torre, the first PNP chief to graduate from the Philippine National Police Academy, has denied reports that he is being considered to head the bureau, although Malacañang earlier said he would be offered another government post. — Mark Ernest Villeza