Gloria’s ace: The Ombudsman

FRONTLINE

Ninez Cacho-Olivares

10/22/2009

In a recent forum featuring presidentiables, all of the presidential bets, on the issue of the prosecution of Gloria Arroyo, said that they will not block her prosecution, if prima facie evidence exists.

Some of them, however, while saying that they want to be president of the country, obviously were clueless in some aspects of the separation of powers among the branches of government.

One said that he will definitely order the prosecution of Gloria, even when this is hardly within the province of the executive, since this is the task of the Ombudsman.

To say that the prosecution of Gloria will be personally pushed by the presidential candidate, either shows his ignorance of the Constitution or his penchant to meddle into the powers of the Ombudsman, or any other government agencies outside of his department.

A complaint against Gloria, once she steps out of Malacañang, has to be filed in the Ombudsman’s office. The Ombudsman, being a constitutional body that is moreover independent of Malacañang, as stated in the Constitution, has the power to either dismiss the charges against Gloria, or elevate this to the Sandiganbayan for trial. A president should have nothing to do with it. A president is not supposed to influence the decision of the Ombudsman.

Of course, it is known that Gloria does meddle into the affairs and decisions of the Ombudsman and all the way to the judiciary, but this is definitely a wrong thing to do, and a presidential bet who says he will push the prosecution of Gloria, or any other Arroyo public official will be no better than Gloria as the constitutional provisos on the separation of powers are not being respected.

Another presidential bet said he certainly will not be appointing an Ombudsman who is the classmate of his relative, obviously referring to Merceditas Gutierrez, a classmate of Big Mike. Obviously too, this remark was made for good soundbites.

The reality, however, is that no matter who becomes president after Gloria Arroyo, he can’t possibly fire and replace Gutierrez, classmate or no, simply because the Ombudsman has a guaranteed term and according to Gutierrez and Malacañang, she is to serve out a full term, rather than just serving the remaining term of her predecessor who cut short his stint with his resignation.

In other words, no matter who becomes president, he will not be able to push the prosecution of Gloria if Gutierrez refuses to have her prosecuted.

This President Joseph Estrada knew only too well. He had a committee then headed by Rene Saguisag, to investigate the Centennial scam involving Fidel Ramos. The recommendation of that committee was for Ramos to be charged. The findings were sent to the Ombudsman, who was then Aniano Desierto, the appointee of Ramos and precisely put in that position to ensure that Ramos would never be prosecuted.

Not surprisingly, the Ombudsman, while elevating the case to the Sandiganbayan, cleared Ramos but focused on poor Doy Laurel for the graft charge.

In much the same way, Gloria has insured her protection from criminal charges by appointing a trusted and loyal Ombudsman.

Cory Aquino’s way was different, in the sense that she had abolished all agencies of government, which she could do, since hers was a revolutionary government where she stood as the sole government and law for a year. She appointed her Ombudsman too, just as Ramos did.

Still, there are ways to remove an Ombudsman, if she is not perceived to be an independent Ombudsman and pandering to the wishes of the president, and even serving as a protector of criminals in power and position.

But outside of resignation and impeachment of the Ombudsman, there really is nothing that any president in 2010 can do to have Gloria prosecuted on criminal charges.

Gutierrez is Gloria’s ace, as Desierto was Ramos’.

But 2012 is an altogether different situation, as Gutierrez will finally be out.

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