The Office of the Ombudsman has ordered all of its Graft Investigation and Prosecution Officers (GIPOs) and Assistant Special Prosecutors (ASPs) to review all of their pending cases before the Sandiganbayan and other lower courts as part of "unclogging of dockets" efforts.
In Office Circular No. 13, Ombudsman Samuel Martires asked all GIPOs and ASPs to file motions for the cancellation of their scheduled hearings to from June to September 30 and move these to October 2020 onwards "in light of the threat of COVID-19 and the paramount consideration of the safety of the employees of the Office, the parties, litigants, witnesses, and court personnel."
Martires also said that withdrawal of cases is acceptable based on certain grounds. One is that the case cannot successfully proceed to trial due to lack of documentary evidence or missing evidence.
Second is that the witnesses could no longer be located, or the prosecution's evidence does not support its position. Next, the accused have already been administratively penalized for the same act. Lastly, when any of the legal bases for the accused to file a motion to quash applies.
"To assist the courts in unclogging its dockets, the concerned GIPOs and ASPs are instructed to review their cases and determine which can be recommended for withdrawal of the Information," the circular said.
Martires has implemented several new policies and guidelines since he was appointed by President Duterte back in 2017.
Back in 2018, Martires ordered all prosecutors to stop filing motions to suspend pendente lite of accused public officials before the Sandiganbayan and other lower courts, as well as to withdraw earlier motions seeking the same.
In a memorandum dated August 28 titled "Suspension Pedente Lite of Accused Public Officials," Martires said that prosecutors "shall no longer be required to file motions to suspend the accused pendente lite before the Sandiganbayan or the lower courts."
Even those motions to suspend that have earlier been filed before the issuance of the memorandum, but which remain unsolved by the trial courts, are ordered withdrawn.
"Where the ruling in the motion for suspension pedente lite have been appealed, the handling prosecutor shall withdraw the motion and accordingly inform the appellate court that the motion has been withdrawn," the memorandum read.
Just this September, he revised the issuance of government officials' statement of assets liabilities and net worth (SALN). Whereas before, the media can write letters of request to the Ombudsman and get copies of the SALN of public officials. This time around, the consent of the declarant is needed before the SALN is released to anyone.
"No SALN will be furnished to the requester unless he/she presents a notarized letter of authority from the declarant allowing the release of the requested SALN," read the Ombudsman's memorandum circular no. 1.
During the House Committee on Appropriations’ deliberations, Martires even suggested the abolition of the Office of the Ombudsman because "wala namang mangyayari (nothing will happen)."
The statement came after witnesses failed to appear and testify against corrupt officials. However, former Ombudsman Conchita Carpio Morales said that there are many other ways to pin them down.
"Testimonial evidence is not the only evidence to build up a case. There are documentary (e.g. SALN, AMLC records), object, physical, circumstantial evidence. Subpoena duces tecum can be used to produce documents," she said.