MANILA, Philippines – Ombudsman Merceditas Gutierrez turned the tables on a former judge yesterday for saying that corruption in the country is still bad despite receiving a better ranking in this year’s Corruption Perceptions Index (CPI) report by Transparency International (TI).
The Philippines now ranks 139th among 180 countries perceived to be the most corrupt in this year’s study as against its 141st place last year.
Retired Judge Dolores Español, head of TI-Philippines, allegedly dubbed the improved ranking as a “misperception” on the government’s initiatives, because it allegedly failed to consider recent Ombudsman decisions on several controversial cases.
Being a former judge, Gutierrez stressed that Español is aware that the fight for justice, equity and freedom from graft is an uphill battle.
She said Español herself experienced being investigated and adjudged guilty of gross ignorance of the law and fined P5,000 by the Supreme Court and P11,000 for inefficiency and neglect of duty.
The Office of the Ombudsman said the improved ranking of the Philippines in Transparency International’s 2009 CPI should inspire Filipinos, government officials and private persons alike, to exert more effort to stamp-out corruption in the country.
Assistant Ombudsman and spokesman Jose de Jesus Jr. said Español should first check her data before she indulges in non-accurate criticisms.
He explained that the panel in the NBN-ZTE case exonerated First Gentleman Jose Miguel Arroyo because of insufficiency of evidence while the Office of the Ombudsman refused to act on the case of President Arroyo due to her immunity from suit.
Contrary to Español’s allegation, De Jesus said the panel did not “absolve” the principal respondents in the NBN-ZTE case since former Commission on Elections chairman Benjamin Abalos and then National Economic and Development Authority chair and now Social Security System president Romulo Neri were indicted by the panel for graft.
He also explained that businessman Jose de Venecia III was exonerated by the panel together with his father, former Speaker Jose de Venecia Jr., for lack of probable cause while whistleblower Rodolfo “Jun” Lozada was not investigated because he was not among those included by the complainants as a respondent in the case.
Gutierrez inhibited from the case due to the complainant’s motion for her to recuse, and instead delegated the final authority to approve or disapprove the panel’s resolution to Overall Deputy Ombudsman Orlando Casimiro.
On charges that the Ombudsman intentionally filed weak cases against former Justice Sec. Hernando Perez to ensure that he would be exonerated by the Sandiganbayan, De Jesus said “if indeed that was the Ombudsman’s intention, then the latter could have just dismissed the cases against him (Perez), and not gamble with the possibility that the Sandiganbayan would find the case strong and convict him of the crime, especially after the desistance of the main complainant, former Congressman Mark Jimenez.”
De Jesus further narrated that the World Bank case is now undergoing preliminary investigation while the investigation of the fertilizer fund fiasco, which covered 17 regions of the country and involved a cabal of public officials from congressmen, governors, mayors, barangay officials as well as individuals from non-government organizations, is continuing without letup.
He emphasized that records do not lie as it shows that since Ombudsman Gutierrez assumed the post in December 2005 up to August 2009, the Office of the Ombudsman has disposed of a total of 29,354 cases, contrary to Español’s accusation of the Ombudsman’s alleged “lackluster approach” in fighting corruption.
De Jesus also cited the 2009 Political Economic Risk Consultancy (PERC) Report, which showed that the Philippines posted the highest gains in the area of eradication of corruption.
The report said the actual level of corruption in the country is not as bad as it is portrayed, but is often politicized.
It further stated that talk of corruption in the Philippines has to be discounted since many of the accusations are either grossly exaggerated or completely false.
De Jesus advised Español to look at the records first before issuing statements bordering on the parameters of the sub judice doctrine (for discussing merits of cases now pending before the High Court such as the Perez case), and even anti-Filipino.
“She (Español) should be careful in her portrayal of the country as corrupt, doubting even her own agency’s recent corruption ranking of the Philippines, for in doing so, without thoroughly checking the facts, she only contributes to her own country’s economic downfall instead of uplifting and encouraging everybody to fight on and continue moving up in the perception of the world, as a determined graft-buster,” he said. –Michael Punongbayan (The Philippine Star)
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