The Office of the Ombudsman (OMB) on Thursday, July 2, disclosed that the conflict-of-interest complaints against two lawmakers whom the anti-graft body referred to as “congtractors” have been elevated to the preliminary investigation (PI) stage.

“As a general rule kasi, pag fact-finding hindi pa pwede banggitin ang pangalan. But as soon as the case rises to the level of preliminary investigation, pwede na po banggitin. Dalawa na po ‘yung umakyat from fact-finding to preliminary investigation. ‘Yung po ‘yung kay Cong. Jojo Ang at Cong. Noel Rivera (As a general rule, during the fact-finding stage, we cannot yet disclose names. But once a case reaches the preliminary investigation stage, we can already identify the respondents. Two cases have already been elevated from fact-finding to preliminary investigation—those involving Cong. Jojo Ang and Cong. Noel Rivera),” Assistant Ombudsman Jose Dominic “Mico” Clavano IV said during a press briefing.

Ang is a representative of Uswag Ilonggo Party-list, while Rivera is the representative of Tarlac’s Third District.

According to Clavano, the complaints allege violations of the conflict-of-interest provisions under Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.

“The complaint against them involves conflict of interest, so that’s a violation of RA 3019. Bawal po kasi magkaroon ng isang construction firm ang mga congressman dahil ang congressman ang may influence over the budget and any reward to a construction company na nakapangalan sa kanila or can be traced to them via beneficial ownership is a violation of that conflict of interest rule (The complaint against them involves conflict of interest, which is a violation of Republic Act No. 3019. Congressmen are prohibited from owning construction firms because they have influence over the budget, and any benefit granted to a construction company registered under their name or traceable to them through beneficial ownership constitutes a violation of the conflict-of-interest rule),” he said.

Clavano alleged that many lawmakers continue to mix their public duties with private business interests despite the prohibition under the law.

“Napakasimple ng rule na ‘yan. Naiintindihan ng lahat bakit nandyan ang rule na ‘yan. Kaso nga lang, madaming congressman at contractor na pinaghahalo ang mga interest. So ‘yung mga contractor na tinatawag, iyon talaga ang bawal na bawal kahit sa Konstitusyon. Mind you, the Constitution is supposed to express the values of the Filipino people (That rule is very simple. Everyone understands why it exists. The problem is that many congressmen and contractors continue to mix their interests. That is why these so-called ‘congtractors’ are absolutely prohibited, even under the Constitution. Mind you, the Constitution is supposed to express the values of the Filipino people),” Clavano said.

“Ang Saligang Batas, in terms of hierarchy of laws, ang pinakamataas. ‘Yon ang compendium o compilation ng lahat ng values ng Pinoy. At nandoon mismo ang bawal ang conflict of interest. Pero ang tanong bakit andaming contractor na nandyan pa rin sa Kongreso? Kaya sine-seryoso talaga namin ito sa Office of the Ombudsman (The Constitution is the highest law in the hierarchy of laws. It is the compendium or compilation of the Filipino people’s values. It expressly prohibits conflicts of interest. So the question is, why are there still so many contractors in Congress? That is why we are taking this matter very seriously at the Office of the Ombudsman),” he added.

The anti-graft body also said complaints against other lawmakers are expected to reach the preliminary investigation stage soon.

“Dalawa po ‘yan ngayon pero magkakaroon pa ng ibang kaso. Aakyat pa sa preliminary investigation (There are only two for now, but more cases will follow. They will also be elevated to the preliminary investigation stage),” Clavano said.

Clavano described the conflict-of-interest complaints as among the easier cases to establish.

“Hindi mo kailangan i-prove na nakinabang ang tao sa isang kontrata. Ang kailangan mo lang i-prove ‘yung ownership nung congressman sa construction firm, at iyon ang conflict of interest (You do not need to prove that a person benefited from a contract. You only need to prove that the congressman owns the construction firm, and that alone constitutes a conflict of interest),” he said.

“That’s the whole point of the preliminary investigation. Papasagutin po natin as part of due process ‘yung mga respondents of those cases (That is the whole point of the preliminary investigation. As part of due process, we will require the respondents in those cases to answer the complaints),” Clavano added.

As of posting time, the individuals identified by the Ombudsman had yet to issue statements on the matter. The Manila Bulletin will publish their responses once available.