Ombudsman urges examination of judiciary; SC says file proper complaints

Ombudsman Jesus Crispin "Boying" Remulla on Thursday said the judiciary should be examined closely by those in government, and its members should do some soul-searching after magistrates reversed rulings by his office and by the Department of Justice when he was its secretary.

The Supreme Court hours later issued a statement, inviting the Ombudsman to file the proper complaints and submit evidence so that the High Tribunal can "determine the facts and, when warranted, exercise its disciplinary authority."

At a hearing on the P7.2-billion budget proposed under the National Expenditure Program, Remulla expressed his frustration over reversals by the Court of Appeals. He cited a CA ruling that reversed the dismissal of some barangay chairpersons.

"That is a trend, your honor, that is known to the Office of the Ombudsman. It's something that I spoke about to Senior Associate Justice Marvic Leonen," Remulla told senators.

"I told him about this problem that we have. Because institutionally, it's very discouraging to be conducting all of these activities only to be reversed by the Court of Appeals decision that came out of nowhere,” he added.

Leonen was Remulla’s classmate at the University of the Philippines College of Law. Remulla said that his batchmate has already cautioned him in the past for his strong remarks, but he wanted to be direct.

Remulla cited an incident when he was still the secretary of the Department of Justice (DOJ). The Office of the Ombudsman had dismissed someone from the National Bureau of Investigation, only for the CA to later reinstate the person.

The Ombudsman called such trends discouraging.

“As a lawyer, it’s not really common for lawyers to complain about the courts. But sometimes, we just have to raise that issue already because it can be the biggest elephant in the room, within our justice system,” Remulla said.

“It’s the biggest elephant in the room. The judiciary has to be examined closely by everybody in government, and they themselves should go on a soul-searching, so that we can be a better country. I think that is one of the problems besetting us right now,” he added.

Remulla said that for all the EDSA revolutions that the country has experienced, the judicial branch has not yet been touched.

“Never has the judiciary accounted for everything that they’ve been doing. It is something that we have to examine as a country,” Remulla said.

Remulla said that there was a Justice Sector Coordinating Council which gathered courts, the DOJ, and the Department of Interior and Local Government, which had been funded by the European Union. The Office of the Ombudsman could be included in the council to streamline efforts, he said.

The SC responded to Remulla’s statements, saying it takes such accusations seriously if the proper processes are followed.

In a statement, the High Tribunal asked the Ombudsman to file the proper complaints and present evidence.

“The Court cannot act on broad allegations against an entire appellate court based only on public statements. We therefore invite the Ombudsman, or any concerned party, to file the proper complaint and submit supporting evidence," the SC said.

"This will allow the Court to determine the facts and, when warranted, exercise its disciplinary authority,” it added.

The SC also cited the case of Heydarian, Cendaña, and Gadon. In that case, the SC struck down cases that sought to hold Presidential Adviser for Poverty Alleviation Larry Gadon, Akbayan party-list Rep. Percival Cendaña, and political analyst Richard Heydarian in contempt over their remarks on the dismissal of the impeachment raps against Vice President Sara Duterte in 2025.

“Despite the strong statements made against the Court concerning one of its rulings, the Court upheld the respondents’ freedom of speech and did not hold them in contempt," the SC said.

"The Court welcomes fair criticism. At the same time, serious accusations against judges and courts should be raised through the proper processes so they can be fairly investigated and resolved,” it added. —NB, GMA News