Malacañang has called for an investigation into reports that former ombudsman Samuel Martires issued a ‘secret decision’ reversing a 2016 dismissal order of the agency against Sen. Joel Villanueva, who had been accused of misusing pork barrel funds.
Presidential Communications Undersecretary Claire Castro told a Palace press briefing yesterday that such a ‘secret decision’ would be alarming if proven true.
‘The people should not doubt our justice system, considering that it is one of the most important agencies that address the issue of corruption,’ she said.
‘Even if they are an independent body, we have to tell them – for us, this should really be investigated to determine if there are wrongdoings and whether there is a violation of the law. If there is, it should be solved and rectified by the Office of the Ombudsman,’ Castro added.
Asked whether Martires should be held liable, Castro replied: ‘It depends on the decision. It is difficult to speculate.’
She explained that if the parties were not furnished copies of the ruling, the period for filing any action, such as a motion for reconsideration, would not have progressed.
‘It appears that if there was a motion for reconsideration in 2016, the decision on the motion for reconsideration should not have dragged on until 2019,’ she noted.
In 2016, then ombudsman Conchita Carpio-Morales ordered Villanueva’s dismissal and perpetual disqualification from public office for allegedly misusing pork barrel funds, finding him guilty of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.
Three years later, Martires, who succeeded Morales, granted Villanueva’s motion for reconsideration and reversed the ruling.
Current Ombudsman Jesus Crispin Remulla has described the reversal as a ‘surprise’ and a ‘secret decision.’
He had planned to send a letter to Senate President Vicente Sotto III for the implementation of Villanueva’s dismissal, but dropped it after learning of Martires’ move.
Bicol Saro party-list Rep. Terry Ridon urged Remulla to scrutinize the timeline that led to Martires’ reversal, saying the key issue is when Villanueva actually sought reconsideration.
‘With Ombudsman Remulla calling the reversal of the dismissal of Sen. Joel Villanueva’s grave misconduct case a ‘secret and surprise decision,’ the most important question at this point is this – when did Sen. Joel Villanueva actually file his Motion for Reconsideration?’ Ridon said.
He cited records showing that Villanueva filed his motion in November 2016, within the 10-day period under ombudsman rules, and that Morales acknowledged it on Dec. 14, 2016, but never resolved it within the prescribed five-day period.
Had Morales resolved the MR within that period, Ridon said, Martires would not have had the opportunity to act on it much later, on July 31, 2019.
‘If the MR was filed out of time, then ombudsman Martires had absolutely no discretion to entertain or resolve it in 2019, as the dismissal would have already been final and executory as early as 2016,’ he added.
Lifestyle check on Martires urged
Echoing the lawmaker’s statements, former Bayan Muna representative Neri Colmenares called for an investigation into Martires’ properties, lifestyle and bank accounts for possible ill-gotten wealth.
‘A secret decision to help a senator involved in a pork barrel scam is not normal. Ito ay may kapalit (It has a quid pro quo),’ he said.
He also questioned Martires’ decision to stop the publication of officials’ statements of assets, liabilities and net worth, urging a thorough audit of his SALNs and the Commission on Audit to probe his use of confidential funds.
‘If he cannot submit proof of payment or receipts for his expenses, or he violated joint circular 2015-01, then he must be charged in court for malversation of public funds and corruption,’ Colmenares said.