Ombudsman Samuel R. Martires confirmed late Friday afternoon, Aug. 20, that he had deactivated due to “legal infirmities” the Office of the Ombudsman’s (OMB) partnership with the Commission on Audit (COA) in the investigation of reported corruption cases involving disbursements of government funds.
Martires reacted to former Ombudsman Conchita Carpio Morales’ statement that the 2017 OMB-COA memorandum of agreement (MOA) would have been useful in the outright probe on the Department of Health’s (DOH) “deficiencies” in the disbursement of P67.3 billion funds for the coronavirus disease (COVID-19) pandemic in 2020.
Last Wednesday, Aug. 18, Morales – who served as Ombudsman until 2018 – said that had the COA’s report on the “deficiencies” happened during her time, she would she would have ordered an immediate investigation.
For his part, Martires had said that he will await the completion of the COA’s findings before conducting an investigation if needed.
"I would like to apologize to former Ombudsman, Justice Conchita Carpio Morales, for not informing her that I deactivated the task force because I noted some legal infirmities in the MOA like usurpation of authority," said Martires.
He did not elaborate on the alleged infirmities.
"I also want to avoid another wastage of government resources and embarrassment on the part of the Ombudsman prosecutors, the likes of which happened in the numerous cases which Justice Carpio Morales filed against a former congressman and several department heads of Caloocan City," he added.
Martires cited the multiple graft charges filed against former Caloocan City Mayor Enrico "Recom" Echiverri before the Sandiganbayan as an example why his office should not be so hasty in conducting investigations.
He said that when the cases were filed against Echiverri during the time of Morales, the audit process had not yet been completed and the accused were able to appeal the audit observations to the Commission en banc, which overturned the findings of the auditors.
The criminal cases against Echiverri that have already been filed before the Sandiganbayan, on the other hand, reached the Supreme Court. The SC, acting on the recommendations of the Commission Proper, dismissed the cases, therefore prompting Ombudsman prosecutors to withdraw the remaining cases from the anti-graft court, he said.
Martires explained that the Annual Audit Report (AAR) is comprised of several Audit Observations Memoranda and the agency involved is given the time to comply with the recommendations of the auditors.
"The AAR is final and can no longer be changed. But the audit process is still ongoing and not yet complete," he said.
He also said: "If we were to compare it to a case before the regular courts, the findings of the auditor can be likened to a decision by the Regional Trial Court which is appealable to the Court of Appeals or the Supreme Court. In this case, the audit observations can still be brought to the Commission Proper for final decision."
Meanwhile, Martires said that his office would prefer to work quietly and out of the limelight, especially when the reputation of government officials is at stake.
"After all, we still operate under the Constitutional presumption of innocence and the statutory presumption that official functions are regularly performed,” he stressed.
Despite public allegations that the OMB has been favoring incumbent government officials, Martires said that in June 2020 his office conducted “motu proprio” (on its own initiative) an investigation on the procurement of test kits, personal protective equipment (PPEs), and other emergency purchases.
The probe also included the alleged non-payment to fallen health workers and the frontliners who contracted the coronavirus because of their work, and the investigation has already led to the preventive suspension of at least five DOH officials in Oct. 2020, he said.
"Our next step now is to review the COA Report and compare the same with our findings to determine the existence of any administrative or criminal liability in relation to the financial transactions of the DOH," he added.
He also said the investigation will zero in on determining the causes of inefficiency or mismanagement and identifying areas prone to corruption.
These results will then be communicated to the agency concerned and to Congress for appropriate legislation, if necessary. The 2020 AAR, said Martires, will greatly help in their investigation.