Ex-MRT exec Vitangcol to SC: Order Morales to stop functioning as Ombudsman

Former Metro Rail Transit Line 3 (MRT-3) general manager Al Vitangcol III has asked the Supreme Court (SC) to order Ombudsman Conchita Carpio Morales to stop carrying out the functions of her office.

In his petition filed last Friday, Vitangcol argued that the SC must declare that the term of office of Morales had expired on Nov. 30, 2012 and to compel her to immediately cease and desist from further discharging her functions as Ombudsman.

Morales replaced Merceditas Gutierrez, who resigned on May 6, 2011 as Ombudsman to avoid an impeachment trial in the Senate, leaving an unexpired term until Nov. 30, 2012.

Vitangcol said the intent of the law was for the successor of Gutierrez to serve the remainder of her term only, not for a full term of seven years.

“Thus, Morales is usurping her office,” Vitangcol said in a text message.

He urged the SC to declare Section 8 (3) of Republic Act 6770 (Ombudsman Act of 1989) as unconstitutional for contravening the legislative intent that in case of vacancy, the new appointee should only serve the unexpired term of his or her predecessor.

Section 8(3) assures a fresh seven-year term for the successor of the incumbent Ombudsman and his deputies.

Vitangcol anchored his petition on the deliberations of the committee on justice on Feb. 2, 1989 relative to House Bill 13646, which was enacted into Republic Act 6770 or the Ombudsman Act of 1989.

"Legislative intent is part and parcel of the law. It is the controlling factor in interpreting a statute. In fact, any interpretation that runs counter with the legislative intent is unacceptable and invalid," the petition stated.

"It is in this respect that the intent of the legislature in deliberating House Bill 13646, which eventually became RA 6770, finds relevance. The term of office of the appointed Ombudsman, in case of vacancy, in Section 8, paragraph(3) of R.A. No. 6770 can be seen in the exchange of discussions between Congressmen Tito Espinosa, Antonio Abaya, Raul Roco, and Isidro Zarraga (Committee on Justice Chairman). Interestingly, the sponsor of the bill, Congressman Abaya, intended that the new appointee shall serve only the unexpired term of his predecessor," it added.

Vitangcol also called on the SC to declare all orders, decisions and resolutions "rendered personally" by Morales from December 1, 2012 to present null and void.

"Affected cases should be remanded to the Deputy Ombudsman for proper disposition, pending the appointment of a new Ombudsman," the petition read.

It was Morales who approved the filing of graft charges before the Sandiganbayan against Vitangcol over his alleged attempt to extort $30 million from a Czech light rail vehicles supplier and irregularities in the transit system's interim maintenance contract during his stint as MRT chief. 

Vitangcol's petition agrees with President Rodrigo Duterte's view that Morales was supposed to serve the remaining term of her predecessor.

Duterte had also accused Morales of practicing selective justice.

Another lawyer, Rey Ifurung, filed a petition in June with the SC seeking to declare the top positions at the Office of the Ombudsman vacant as the current occupants allegedly have been overstaying in their posts.

Ifurung also urged the high court to strike down as unconstitutional Section 8(3) of the Ombudsman Act of 1989.

He said the provision was “constitutionally infirm” as it “grossly contravenes” other provisions in the 1987 Constitution pertaining to the term of the Ombudsman and his deputies in relation to the terms of office of members of other constitutional offices such as the Civil Service Commission and Commission on Elections.

A retired SC justice, Morales maintained that she is entitled to a seven-year term or until July 2018.

“We are following the law. The Ombudsman Act of 1989, Section 8 paragraph number 3, says that when the incumbent Ombudsman leaves the office by reason of death or removal, resignation or permanent disability, the Deputy Ombudsman shall be the acting ombudsman until a new Ombudsman is appointed who shall serve for a full term,” she told reporters on August 31.

Morales said that her office has been fair in prosecuting cases against government officials and employees. —ALG, GMA News