What happened to the Ombudsman?

BACKBENCHER

Rod P. Kapunan

5/19-20/2011

Ombudsman Conchita Carpio-Morales' unabashed eagerness to ingratiate herself to the President resulted in two things: She demeaned the stature of her office and violated the right of a person to due process of law.

What puts a bad taste into one's mouth is that she and her cabal of what many suspect are crackpots feel they stand above the law. If not this, they see the law as their instrument to punish those whom they perceive as corrupt elements in their hypocritical "tuwid na daan." What Ombudsman Morales did was all for show.

She appeared serious. After all she had all those illegally furnished raw documents supplied by Vicente Aquino of the Anti-Money Laundering Council who, like her, takes on the same level of arrogance as standing above the law. Expectedly, that drew firestorms both from the members of the Senate impeachment court and from people who still bother to use their common sense. Maybe they know the role of the Ombudsman, but certainly they doubt much that her motivation was in pursuit of what the law mandates her to do. Her action is an attempt to pass on her duty to the Senate impeachment court, for it to continue in mercilessly destroying the reputation of the accused chief justice in a trial by publicity.

To begin with, under the Constitution, the Ombudsman, by her own accord, "as protector of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the government, or any subdivision, agency or instrumentality thereof, including government-owned and controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof." (Section 12, Article XI of the Constitution). Given that vast and encompassing powers, many are puzzled why Ombudsman Morales allowed her position, not to say the dignity of her office as a constitutional body, to be demoted by submitting itself to an ad hoc impeachment court. Many are in a quandary because the power which drove her to deliriously act with alacrity is equivalent to a blanket authority to deal with any form of venalities in government by mere complaint even from "anonymous" persons.

Many were surprised why she rushed herself to the public gallery when she could have done her job better by investigating and filing complaints if she finds any prima facie evidence against Chief Justice Corona. If there are legal limitations that could prevent her now from filing them, then she should, as a matter of judicial abeyance, wait because observance of the judicial process is pivotal to the dispensation of justice and that goes even to any man on the street. But as the thinking public could see it now, her attempt to shortcut the process was a consciously sorted out conspiracy to destroy the reputation of Corona by way of trial by publicity.

Similarly, that local administrator of AMLC cannot just hand out left and right records of bank deposits and transactions as though he is handing out condominium fliers. The Ombudsman and her cabal of self-righteous people know they are obligated to first file a complaint much that by their grotesque incompetence, they failed to include that particular offense in their impeachment complaint. Ombudsman Morales has lost her honing skill to legally interpret things, entertaining the thought that the members of the Senate will grill Corona, and not the one who supplied her those questionable evidence. This is what that zealot Senator Franklin Drilon is now doing.

Like the head of the Commission on Audit, Heidi Mendoza, and that self-styled crusader of "Kaya Natin Movement," Harvey Keh, the campaign to malign Corona is now revealed as a well-orchestrated demolition job. This may be because the Aquino government knows the impeachment court is not obligated to observe the rudiments of judicial procedures as done in the regular courts. It is more on how they could sway those senator-judges to act by the impulse of their loyalty. They always count on public sentiment, exploiting their lust for blood by the constant barrage of lies and propaganda to put pressure on the senator-judges to finally convict Corona. But that has visibly backfired. Ombudsman Morales not only destroyed the credibility of her accusations, but that razed to the ground the institution she represents. This is the point the feisty Senator Miriam-Santiago wanted to nail deep into the head of Morales.

More than that, Morales created a constitutional crisis, for should the Senate impeachment court strike off from the record her testimony or throw into the dust bin her alleged evidence, that could mean that the constitutional body she represents has been by-passed and overruled by an ad hoc body. It could be most embarrassing because she effectively allowed herself to be reduced into a mere stooge. In that instance, the impeachment court would have acted well within its jurisdictional domain to decide on the evidence brought before it.

The only unfortunate thing would be that it was brought in by the Ombudsman herself.

• rodkap@yahoo.com.ph

Moral-less

DIE HARD III
Herman Tiu Laurel
5/18/2012



The fundamental impediment to the credibility of the impeachment proceedings against Chief Justice (CJ) Renato Corona has been the violation of the Rule of Law from the very start. Committed by the most rabid of instigators, including but not limited to the prosecution, the campaign was recently amped up in a most blatant manner by the BS Aquino-appointed Ombudsman.

As questioned by several interrogators, Ombudsman Conchita Carpio-Morales did not obtain the consent of the alleged Foreign Currency Deposit Unit (FCDU) account holder or any of the courts as required by law, nor were there specified predicate crimes that would have allowed the Anti-Money Laundering Council (AMLC)’s purported information to be released and publicized.

Despite the “spotless” Ombudsman’s protestations of not acting as “a tool for personal vendetta” on the pretext that she is not about to “jeopardize (her) 40 years of government service,” in the eyes of many people, she actually did just that. Considering the way she treated the law so cavalierly while showing manifest partiality for the position of BS Aquino III, the conclusion of texters such as Ferdie P. is that Carpio-Morales is simply “Carping and Moral-less.”

If the anti-Corona galleries are harping about the questionable circumstances of Corona’s ascendance to his post, similar questions are being raised about Carpio-Morales. Esteemed constitutionalist, lawyer Alan Paguia, whom I consider a practicing martyr for the Rule of Law, recalls that the current Ombudsman’s appointment smacked of conspiratorial intent and nepotism.

BS Aquino III’s immoral deal absolving former Ombudsman Merceditas Gutierrez from the allegations of graft and corruption in exchange for her quiet resignation was meant to ensure that the already retired Supreme Court (SC) Justice Carpio-Morales could be appointed with inevitable gratitude to the appointing power — especially since she was chosen over hundreds of equally, if not more, capable, younger and incontrovertibly independent legal luminaries of proven integrity. So now, unlike other retired SC magistrates, Carpio-Morales continues to enjoy all the perks and power of a high office, and the limelight to boot.

The recent Senate testimony of BSA III’s Ombudsman seemed to establish the “82 dollar accounts” of the CJ as beyond doubt. But, as it was later corrected to be just five alleged accounts, the whole drama has become as confusing as the earlier allegations involving alleged 45 Corona properties that were whittled down to five.

There is clearly this pattern of using “shock and awe” to produce massively high impact, derogatory headlines to leave the lingering impression on the impressionable public that the hyperbole is a fact, when it is nothing but a lie.

We don’t know how much of the allegations are true; thus, we have to await Corona’s testimony if we are to ensure that no one is taken for a ride.

Already, some major newspaper opinion writers have been jumping to conclusions, with large print column titles that say “The boxing game is over for Corona,” implying that the Carpio-Morales testimony dealt a death blow, despite the Corona camp carrying on the fight to the last round.

Most people, pundits and serious analysts among them, believe the Senate will convict Corona even if no proof of guilt is shown. The reactions range from “It’s all partisan and the ruling party will have the votes,” to “It’s the money that talks,” with rumored amounts in cash of “pork barrel” or whatever deals Malacañang can offer.

It is all “moral-less,” believe me; and the more I watch these senators trying to convict Corona, the sillier the effort by these pots to picture the kettle black become.

Still, even if guilt is established at all, it would not be a surprise either because the system that prevails today is completely “moral-less” and success in life is determined not by the old values of integrity, honesty, and industry but by “abilidad” or wile and guile to outrank the good.

Doubtlessly, most of these accusing congressmen, senators, “evil society” and big business people, like the Makati Business Club rooting for Aquino III, cannot be outdone in their mastery of the “moral-less” system — especially not by the CJ.

That is why in the midst of increasing misery, the system even gifts big business oligarchs with continuously escalating profits and consolidating corporate powers.

Last May 8, it was headlined that “Philippine hunger incidence hit a record high in March as more Filipino families reported… (experiencing) hunger in the past three months,” (with the SWS) “nationwide poll conducted from March 10 to 13… (disclosing) that 23.8 percent of respondents or an equivalent of around 5 million Filipino families reported that they did not have anything to eat at least once” in the said period.

Contrast that to this news, “Power distributor Manila Electric Co. recorded profits for the first quarter of 2012 rose 58.2 percent from the year before,” and this, “conglomerates post higher profits,” which cited among others that Lopez Holdings Corp. “reported a 192-percent increase in first quarter net income to P2.63 billion from P902 million registered in the same period last year” and you’ll get the picture.

Evidently, like what’s going on in the halls of the Senate, the Lower House, Malacañang, and all other institutions of society, it’s a “moral-less” conduct of affairs everyday; and it will persist unless some radical change comes over the nation.

(Tune in to 1098AM, dwAD, Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m.; watch Destiny Cable GNN’s HTL edition of Talk News TV, Saturdays, 8:15 to 9 p.m., with replay at 11:15 p.m.; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)

Consumer advocacy and libel cases

CONSUMERS' DEMAND!
Herman Tiu Laurel
5/14-20/2012



Last week we received several texts informing us of a discussion over a friendly radio program mentioning us and our crusade against power oligarchs and their DPAs (deep penetration agents) in government.  The texts said one of the anchors opined that libel suits from those power oligarchs and their henchmen may just be waiting to be filed.  One potential complainant mentioned was Department of Energy (DoE) Secretary Jose Rene Almendras; another name was mentioned but not all the texters could remember.  One mentioned the name of Manny Pangilinan, the Meralco big boss.  I called Linggoy Alcuaz, fellow OpinYon columnist now on leave for medical check-ups, who is a regular listener of the radio program concerned.  He explained that the "libel" issue was discussed theoretically.  I said that I would welcome the suit anyway as it would help highlight the crusade we are waging against the power abuse and exploitation going on with impunity.
 
Over the past years we have been slapped with around a dozen libel and defamation cases.  One case that dragged the publisher of the other newspaper I write for involved a P100-million claim for "damages" which dragged on for at least five years until the judge ordered a mediation process.  That case involved a power oligarch over another public utility--the North Luzon Expressway.  The filing fee alone for that suit cost the oligarch P1 million, a huge sum which would only be forfeited, but the oligarch believed it was worth it just to gag us for the duration of the case.  For me and my publisher, it involved endless trips to the courts in hot, humid salas of different judges, with the oligarch never once attending, leaving it to his law (or low) counsels.  To finally end the enervation, my publisher issued an apology for the oligarch to drop a P2-million demand for damages, which I followed in support of my publisher, but not without first bullshitting the oligarch's representative to the mediation.
 
The public utility privateers (or pirates) are aided in their plunder by such libel and defamation laws that make it very easy for the culprits to gag and/or burden journalists, critics, and consumer advocates (like Nasecore, or the National Association of Electricity Consumers for Reforms, whose leader Pete Ilagan was slapped with a libel case by the Lopezes).  For the power oligarchs and plunderers, along with their henchmen, the cost of a few millions to tie up consumer protection advocates is a pittance for them to tie up their nemeses who are trying to stop them from looting hundreds of billions from the power consuming public.  Still, this harassment will not stop us from continuing with our crusade to end the abuse and exploitation, to restore the power sector to national or consumer ownership and control, to halve the rates being charged, and to prosecute these oligarchs and their agents someday.
 
Meanwhile, a headline blared last week ("Meralco files plea for 2013 rate hike") that is sure to not go unopposed.  Former Misamis Oriental Gov. Homobono Adaza and Mindanao anti-power privatization crusader Jojo Borja of Iligan Light and Power updated me on the latest attempt of the Energy Regulatory Commission (ERC) to pull a fast one on power consumers.  This refers to the case filed by octogenarian accountant and consumer advocate Mang Naro Lualhati against the MAP (Maximum Allowable Price) application of Meralco before the ERC, a rate now the subject of newspaper reports announcing the projected 2013 Meralco rate increase.  The notice of ERC hearing arrived anomalously late, at Adaza's residence on the Sunday afternoon before the Monday hearing.  Adaza thus had to call Borja to fly from Bukidnon, where the latter had just alighted, back to Cagayan de Oro and to Manila overnight to catch the next day's event.
 
At the ERC hearing last Monday, only a "hearing officer" presided.  Upon arriving at the hearing and entering his appearance, Adaza asked the "hearing officer" if he was "the" hearing officer.  It turned out that the guy was only a clerk of court.  Only after being informed that Adaza was at the hearing did the chairperson of the ERC, Zenaida Ducut, appear and preside--a basic requirement of the law which has never been met in all the past ERC hearings.
 
Since the instant proceeding was being called to formally accept the evidence of Meralco for its MAP approval, it was an evidentiary hearing which Adaza says is illegal since Borja also has a pending petition at the Court of Appeal questioning the continuation of the hearings until all prejudicial questions were resolved.
 
Adaza and Borja would have missed the ERC hearing if the deliberately late arrival of the notice for the hearing wasn't noted that Sunday.  Adaza no longer made an issue of this as they had already averted the scheme.  But he found the order for the hearing anomalous as well, as it was signed "for the ERC commissioners," when the law requires that such orders are signed by all the commissioners.  As this regular anomaly was no longer tolerated by Adaza, the entire proceeding for Meralco's presentation of evidence was delayed for another five days.  As such, five million customers got a reprieve thanks to Adaza, Borja, and Lualhati (who wasn't able to attend due to physical infirmities).
 
The ERC's attempts to frustrate consumer advocates' exposés of Meralco's predatory rate hike petitions have had a long history.  Since 2003, both Meralco and the ERC have had their way in running rings around even the Puno Supreme Court and the Commission on Audit.  When BS Aquino III stepped into Malacañang, the power oligarchs' noose tightened even more around the high court with the appointment of his justices, starting with Justice Lourdes Sereno, who had always decided in favor of Meralco in the most crucial issue of rate increases and nitpicked on consumer protectionists.
 
Latest reports from Mindanao say brownouts there are getting longer, with the cause supposedly the rehabilitation work now being done at the Agus-Pulangi left undone for two years of the BS Aquino III government despite desperate pleas from Mindanaoans in 2010.
 
As the negligence clearly was deliberate, the delay in the plants' rehabilitation directly led to the power shortfalls that created the power crisis, which became another opportunity for oligarchs like the Aboitizes to price gouge the people.
 
In the wake of Mindanao's electricity woes, government was compelled to call for a summit and schedule a hearing of the Joint Congressional Power Commission for April.  Amazingly, Sen. Serge Osmeña postponed the meet for another month claiming no quorum, which his House counterpart Rep. Dina Abad ensured by getting out of town!  All these as government's losses have already reached P15 billion, with the local Mindanao economy losing up to P60 billion.
 
(Tune in to 1098AM, DWAD, Sulo ng Pilipino/Radyo OpinYon, Monday to Friday, 5 to 6 p.m.; watch Destiny Cable GNN's HTL edition of Talk News TV, Saturdays, 8:15 to 9 p.m., with replay at 11:15 p.m., on May 12, "Malampaya plunder" with Rep. Neri Colmenares; visit http://newkatipunero.blogspot.com for our articles plus TV and radio archives)