• From April to June, at the height of the community quarantine lockdowns, not a single case was filed before the anti-graft court.
• The e-filing of cases was not feasible because there were a ton of evidence that were included with each case.
• A significant change implemented by the Office of the Ombudsman this year is the access of the media and the public to government officials' statement of assets liabilities and net worth (SALNs).
• ‘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.
The Office of the Ombudsman has been significantly impacted by the coronavirus disease (COVID-19) pandemic as cases filed before the Sandiganbayan hit an all-time low in 2020.
From April to June, at the height of the community quarantine lockdowns, not a single case was filed before the anti-graft court.
Prosecutors were also directed by Ombudsman Samuel Martires not to physically file cases before the Sandiganbayan because he was concerned about their health and safety.
"There was a time na magpa-file na sana kami ng mga kaso sa Sandiganbayan, medyo marami rami, tinigil ko sila. Ito yung kasagsagan na maraming nagka-COVID sa Sandiganbayan. So sabi ko huwag, (There was a time when we were going to file many at the Sandiganbayan, but I stopped them. This was the height of the COVID cases in Sandiganbayan. So I said no)," Martires said.
Martires added that e-filing of cases was likewise not feasible, because there were a ton of evidence that were included with each case.
He also instructed prosecutors to be more prudent with their time and resources, and he prohibited them from filing cases unless all parties concerned are already aware of the Ombudsman's decision regarding their case.
"Ang instruction ko, do not file an information or a case unless natanggap na noong respondent yung kopya ng desisyon (the respondent has received a copy of the decision) and if there is a pending motion for reconsideration, let us first resolve the MR before we file the case)," he said.
Martires said that previously, prosecutors would proceed with filing cases even though respondents still have a pending MR. This only prompts the defense lawyer to call for a suspension of the proceedings because there is a pending MR before the Office of the Ombudsman.
“You wasted time, you wasted paper, for what? To publicize the number of cases I have filed? That's not how I do things," he said in Filipino.
Martires added that the bulk of cases are now with regional trial courts (RTC), and he cited R.A. 10660, which expanded the jurisdiction of the RTC. When it comes to graft cases, if the amount involved is less than P1 million, Martires explained that it would go to RTCs.
"Kahit high ranking ka, at less than P1 million, RTC ang patak mo hindi sa Sandiganbayan (Even if you are a high-ranking official, if the amount is less than P1 million, the case will go to the RTC and not the Sandiganbayan)," he stressed.
Withdrawal of cases
Not only did Ombudsman prosecutors reduce the filing of cases this year, but all of its Graft Investigation and Prosecution Officers (GIPOs) and Assistant Special Prosecutors (ASPs) were also directed to review all of their pending cases before the Sandiganbayan and other lower courts as part of efforts of "unclogging its dockets."
In Office Circular No. 13, Martires asked all GIPOs and ASPs to file motions for the cancellation of their scheduled hearings from June to September 30 and move it 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 can no longer be located, or the prosecution's evidence does not support its position. Next, the accused has 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.
Access to SALNs changed
Another significant change implemented by the Office of the Ombudsman this year is the access of the media and the public to government officials' statement of assets liabilities and net worth (SALNs).
Before Ombudsman Samuel Martires was appointed by President Duterte in 2018, the media can request for certain government officials' SALNs by writing formal letters of request with the Office of the Ombudsman.
Things changed when the 2018 SALN of key government officials, including that of President Duterte, was not released despite the formal letters of request. When asked for it, Martires told interested parties last year to "course these requests directly to the offices of the officials concerned."
However, the Palace refused to release President Duterte's 2018 SALN and merely passed the buck back to the Ombudsman.
Martires signed the memorandum circular entitled "Amended Guidelines on Public Access to SALN of Business Interests and Financial Connections Filed Within the Office of the Ombudsman" on September 1 this year.
"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.
"If the person requesting is not the declarant or the declarant's duly authorized representative, but has notarized letter of authority from the declarant allowing release of the requested SALN, he/she shall be required to present two original valid ID's, one of which is a government issued ID bearing the requester's picture and signature," it added.
Martires explained that the amended guidelines were made "pursuant to the provisions of the Implementing Rules and Regulations of R.A. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees."
Despite criticisms made against the Ombudsman's decision to limit SALN access, Martires remained firm in his decision and even issued a statement: "The Office of the Ombudsman reiterates that the issuance of Memorandum Circular (MC) No. 1 Series of 2020 is in accordance with prevailing rules and regulations on the disclosure of SALN of public officials and employees."
No manpower to deputize resident Ombudsman
In November, Department of Justice (DOJ) Secretary Menardo Guevarra proposed to assign a resident Ombudsman in every government agency in order to curb corruption activities.
For his part, Martires welcomed the proposal but raised a concern: his office lacks manpower.
“I said yes, my only problem is manpower. Because the people - the past resident Ombudsman - they were assigned to different departments. If I were to revive it, I would have to worry about manpower," he said in Filipno.
Resident Ombudsman
During the time of former Ombudsman Conchita Carpio Morales, Martires said there were resident Ombudsman who were given allowances and provided with service vehicles. This did not fare well with Morales, said Martires, because she felt their jobs were being compromised. So she recalled them and had them distributed in different offices.
"These lawyers are now assigned to different offices and they are busy with their own work, ang hirap kako i-pull out (it will be hard to pull them out)," he said.
Martires said he and Guevarra agreed to have a resident Ombudsman in every department "in principle." He suggested that the fiscal and prosecutors be deputized. "But of course they will not be called deputy Ombudsman because they are not employees of the office of the Ombudsman," he said.
As of now, the Office of the Ombudsman is in the process of hiring more people. Martires shared that he is beefing up the field investigation office, so he is recruiting more investigators. His next target is to strengthen the public assistance unit.