[NEWS PHOTO COURTESY OF THE BBC, LONDON - Philippine anti-corruption chief steps down. Merceditas Gutierrez at a press conference on 29 April 2011. Merceditas Gutierrez said she was stepping down for the good of the nation. The top anti-corruption official in the Philippines has resigned weeks after politicians voted to impeach her. Merceditas Gutierrez said she was stepping down to save the country from a lengthy impeachment process. Her political rivals accuse her of protecting former President Gloria Arroyo from corruption allegations. Ms Gutierrez, who was due to face an impeachment hearing in two weeks' time, denies any wrongdoing.]
MANILA, MAY 3, 2011 (BULLETIN) By GENALYN D. KABILING — Malacañang is counting on the next Ombudsman (OMB) to prioritize the review of the alleged irregular plea bargain deal that allowed former military comptroller, retired Major General Carlos Garcia, to escape plunder charges.
Presidential Spokesman Edwin Lacierda said they hope the replacement of Ombudsman Merceditas Gutierrez will revisit and work towards the cancellation of the much-criticized plea bargain that allowed Garcia to walk free.
"Yes, we would like to see an action on the plea bargaining because it will be under the supervision and control of the Office of the Ombudsman," Lacierda told reporters in the Palace. "We would hope the new Ombudsman would review, revisit the plea bargaining agreement," he added.
Lacierda asserted that the deal, which allowed Garcia to plead guilty to lesser offense of bribery in exchange of returning some R130 million of the R303 million he was accused of stealing, was "an unfair plea bargaining agreement."
"We believe that it should be reversed or not approved by the Sandiganbayan," he added.
But once the new Ombudsman is appointed, Lacierda clarified that the new chief graftbuster will be "independent" and that the Palace will have no control or discretion over his or her actions.
Having the same position as the President on the Garcia case was not necessarily a qualification in choosing the new Ombudsman, said Lacierda.
"As to using that (stance on the Garcia case) as a benchmark, it is unfair for me to impose a litmus test on the new ombudsman. The only litmus test required for the new Ombudsman is what is on the Constitution," he said. He emphasized that the new Ombudsman must perform its mandate as the chief grafbuster in government.
Three members of the Judicial and Bar Council (JBC) said that the next Ombudsman will get a full seven-year term of office and not live up the remainder of Gutierrez's term.
Department of Justice (DoJ) Secretary Leila De Lima, Senator Francis "Chiz" Escudero and Iloilo Rep. Niel Tupas Jr. said that a fresh seven year-term will be given to the new Ombudsman.
"I submitted an opinion on that legal issue to the Office of the President as early as February of this year and I shared with the body that it (appointment of a new Ombudsman) is for a full term," said De Lima.
Escudero shared the same view as De Lima, citing a provision from the Ombudsman Act of 1989 or Republic Act No. 6770 that the new Ombudsman is entitled to a full seven-year term.
Gutierrez, who will step down from her post on May 6, has one year and seven months remaining in her term.
Asked if the government will still pursue cases against Gutierrez, Lacierda said the President wants to prioritize other significant against erring public servants. "We know Ombudsman Gutierrez that while she was a stumbling block, she is not perpetrator of other scams. We are looking at more important cases that we have to investigate," he said.
Lacierda also left to the new Ombudsman to decide whether to initiate a revamp in the office amid concerns some alleged headstrong allies of Gutierrez are still holding key positions. (With a report by Leonard D. Postrado)
Ombudsman of the Philippines From Wikipedia
[THE COAT OF ARMS OF THE PHILIPPINES]
The Ombudsman of the Philippines (Filipino: Tanodbayan) is an ombudsman responsible for investigating and prosecuting Philippine government officials accused of crimes.
The Offices of the Ombudsman independently monitors all three branches of the government. The Ombudsman is also responsible for receiving complaints from citizens and organizations from the country. The Ombudsman usually prosecutes officials accused of graft and corruption.
The Offices of the Ombudsman includes the Ombudsman's own office, along with offices for a team composed of a sheriff, the Ombudsman's second in command, and 6 other deputies who lead their respective divisions and/or bureaus.
The Ombudsman is appointed by the President of the Philippines from a list submitted by the Judicial and Bar Council for a seven-year term with no reappointment. The Ombudsman can be impeached.
List of Ombudsmen Ombudsman Term of Office
Conrado M. Vasquez 1988–1995
Aniano A. Desierto 1995–2002
Simeon V. Marcelo 2002–2005
Ma. Merceditas N. Gutierrez 2005–2011
Chief News Editor: Sol Jose Vanzi
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