Monday, November 29, 2004

Ombudsman's next step

Ombudsman's next step

Updated 11:10pm (Mla time) Nov 28, 2004
Inquirer News Service



Editor's Note: Published on page A14 of the November 29, 2004 issue of the Philippine Daily Inquirer.


LOST in the flurry of news reports over the Carlos Garcia scandal is the role the Ombudsman's office played in bringing it to light. If anything, critics have even taken Ombudsman Simeon Marcelo to task for failing to rush a plunder case against the former comptroller of the Armed Forces.

But it is enough to state for the record that the agency took action when the AFP brass procrastinated. And Marcelo's decision to investigate 10 more colonels and generals for alleged ill-gotten wealth proves either of two things: the agency's tough stance against military corruption was no fluke, or the agency is flexible enough to respond to public need.

To be sure, the public has had enough sorry experience with anti-corruption campaigns to know that an investigation is different from a case, and a case is worlds apart from a conviction. But as the World Bank-in awarding a P40-million grant to the agency-has itself recognized, the Ombudsman's conviction rate since 2001 has more than doubled from 6 to 14 percent (Marcelo was appointed to a seven-year term in October 2002). And the agency's use of the lifestyle check as an investigative tool has produced notable results, including the recent dismissal from office of a chief Customs officer and a veteran Bureau of Internal Revenue lawyer.

The agency has also filed criminal charges against Maj. Gen. Prospero Ocampo of the Air Force, for an anomalous fund conversion in 2002. Most tellingly, at least for those of us in the media who have closely followed the ups and downs of the tax credit scam over the years, the Ombudsman has also re-included Pacifico Cruz, former general manager of Pilipinas Shell Petroleum Corp., in the list of accused. The bold move corrects the injustice committed by the previous Ombudsman, Aniano Desierto, when he summarily dropped Cruz from the graft cases.

The Ombudsman's office is also investigating the alleged anomaly behind the construction of the billion-peso Diosdado Macapagal Boulevard in Pasay City.

This series of legal initiatives against some of the country's true centers of power-the military top brass, influential officials in Customs and the BIR, big business-fills us with reasonable hope. Again, we know that the mere deployment of the lifestyle check brigade is not a guarantee of conviction. But unlike Desierto's time in office, the agency seems ready to take on officials who have the power to strike back. For many, that is already proof that the country's graft-busters are serious this time.

(The jury is still out on the agency's performance in the Macapagal Boulevard case; the public knows that Marcelo is close to the First Family, and is watching him very closely.)

Seriousness of purpose is one thing; execution is another. With only 57 full-time lawyers, the agency needs serious help. Marcelo has in fact appealed to lawyers' groups to volunteer their services in "major cases." Just this month, for instance, he said he would need at least 10 volunteer lawyers to help in the Garcia case alone.

With a budget of less than P500 million in each of the last two years, the agency also needs a serious fund infusion. "Without sufficient manpower for the proper and reasonable distribution of heavy caseloads, the sought-after increase in the conviction rate and the elusive objective of finally catching the proverbial big fish would be far-fetched," its budget summary read. The agency is seeking a budget of around P900-million for next year, a sum it won't get.

To compensate for the lack of men and material, the Ombudsman has called on the general public to provide resources and reinforcements. "Ordinary citizens are angry at grafters in government. Instead of whining, we want them to channel their anger, to volunteer and monitor the bidding and implementation of government projects," Marcelo said.

Working with Boy Scouts and students, church organizations and civil society groups, is in truth the necessary next step. It is a risky one for the country, because frustrating the hopes of thousands of volunteers will set back anti-corruption drives by a generation. But it is also an essential one for the agency; if the agency does not take that step, it cannot hope to succeed.

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