DOJ chief: New Ombudsman makes up for Truth body's nullification

The Supreme Court may have struck down President Benigno Aquino III's Truth Commission but the administration's anti-corruption efforts may still prosper with the appointment of retired Supreme Court justice Conchita Carpio-Morales as Ombudsman, Justice Secretary Leila de Lima said Wednesday. Speaking to reporters at the Department of Justice office in Manila, De Lima said with Morales' appointment, the administration may no longer create a new investigative body that will investigate corruption scandals during the Arroyo administration. "Because we now have a new Ombudsman, we are hoping for the best, for the Office of the Ombudsman to really, faithfully discharge its mandate this time. It seems like we no longer need another body, especially because the end result of the Truth Commission will be sent to the DOJ or the Ombudsman or both," said De Lima. The Justice chief made the statement a day after the Supreme Court junked with finality the government's appeal to resurrect the truth body. The high court ruled that Executive Order No. 1, which created the commission, is unconstitutional for violating the 1987 Constituion's equal protection clause. The creation of the Truth Commission to bring closure to high-profile corruption scandals was one of Aquino's biggest campaign promises. Among the reasons for the creation of the truth body was the supposed ineptitude and inaction of then-Ombudsman Merceditas Gutierrez, who allegedly shielded former President Gloria Macapagal-Arroyo and her allies from being prosecuted. Gutierrez resigned from her post last May, only days before she was to face an impeachment trial at the Senate. When the legality of the truth body's creation was still being challenged before the Supreme Court, the Office of the Solicitor General — representing Malacañang — argued that the government could not rely on Gutierrez in going after the "big fish" linked to corruption scandals. "The creation of the Truth Commission was spurred by the fact that the Ombudsman seems not effective at all, as shown by its conviction rate and many reported cases of graft and corruption," said Solicitor General Anselmo Cadiz during one of the oral arguments at the SC in September last year. New Ombudsman Last December, the high court ruled in favor of the parties questioning the validity of EO 1. The SC said the order violated the Charter's equal protection clause by targeting only the Arroyo administration. The SC then suggested that the order be revised to include the earlier past administrations in anti-corruption inquiries. But instead of revising EO 1, Malacañang filed a motion for reconsideration with the Supreme Court, which was denied last Tuesday. Incidentally, a day before the junking of the government's appeal, Aquino announced that he has selected retired SC Justice Morales as Gutierrez's replacement. In his second State of the Nation Address (SONA) on Monday, Aquino expressed hopes that charges will be filed against personalities involved in past anomalies. “Inaasahan ko nga po na sa taon na ito, masasampahan na ng kaso ang lahat ng nagkuntsabahan sa katiwalian, at naging sanhi ng situwasyong ating inabutan," the President said. — RSJ, GMA News