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BY AYIN DREAM D. APLASCA
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Wednesday, October 4, 2017
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A FEW days ago, President Rodrigo Duterte accused the Office of the Ombudsman of illegally obtaining documents in its investigation into the alleged bank accounts of the former. These accounts allegedly contain millions of unexplained wealth.
Ombudsman Conchita Carpio Morales said she will not back down from her constitutional duties. And this is one of the many questions of the people – whether the Ombudsman fulfilled its constitutional functions especially regarding the President’s bank accounts.
Let us revisit the 1987 Philippine Constitution as well as the Ombudsman Act of 1989. The Office of the Ombudsman monitors all three branches of the government for corruption. It consists of the Ombudsman’s own office and six other deputies who lead their respective divisions.
It is tasked “to investigate on its own or upon complaint by any person, in any form or manner, any act or omission of any public officer or employee, including those in government-owned or -controlled corporations, which appears to be illegal, unjust, improper or inefficient.”
After an investigation, the Ombudsman files charges at the Sandiganbayan, a special anti-graft court.
The Ombudsman has the power to investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.
It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of its primary jurisdiction, it may take over, at any stage, from any investigatory agency of government, the investigation of such cases.
Also, it has the power to request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents. This is based on Sec. 15 (5), Republic Act No. 6770 as well as on Sec. 13 (5), Article XI, 1987 Constitution.
These are some of the Ombudsman’s functions and jurisdictions. As what Ombudsman Carpio Morales said, as public officials they have sworn to uphold the rule of law. They should as well serve with honor, honesty and decency.
In the recent issue involving the President, it is hard to draw conclusions. But one thing is for sure. The Office of the Ombudsman is protecting the people from graft and corruption. It does its function to preserve the integrity and efficiency of public service.
Let’s see what will happen next.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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