Ombudsman orders dismissal of year-old complaints still at fact-finding level

Ombudsman Samuel Martires on Monday said he would order the dismissal of all complaints filed before his office that are at least a year old but still pending fact-finding investigation.

Martires made the declaration in the wake of the ruling of the Supreme Court on inordinate delay.

“Probably tomorrow, I will be issuing an order dismissing all cases that are more than one-year old that are still undergoing fact-finding investigation, without prejudice to the refiling of these cases,” Martires told lawmakers during the hearing of the Ombudsman’s 2019 budget.

Martires said this would allow him to review and ensure all cases have been fair, saying he already ordered an inventory of those under fact-finding probe on his first day in office.

Last week, the SC held that the reckoning period for the right to speedy case disposition should start from the preliminary investigation stage. 

Martires said the Sandiganbayan had already dismissed around 135 cases filed by the Ombudsman on the ground of inordinate delay before the SC ruling. He did not provide a period on the figures he cited.

An office order will also be issued, according to Martires, shortening the preliminary investigation to only 90 days. These investigations previously had no time limits.

He further said the same investigating panel who handled the probe against an erring public official will be the same lawyers who will see them in court.

“We will shorten the period of preliminary investigations. We will give investigators a period of 90 days. I also intend to centralize all preliminary investigations so that the investigating prosecutors will also be the trial prosecutors so that he would know how to build up his case,” Martires said.

“I promise you all motions for reconsideration must be resolved within a period of 60 days. Anything beyond 60 days, the investigation officers must explain why it took him more than 60 days to resolve the motion,” he added.

Meanwhile, Martires vowed to stop the practice of dismissing or suspending public officials only through the resolution of counter-affidavits, saying all cases will be resolved through a hearing where the respondent can face his accuser.

Martires said a public official facing at least a one week suspension will be given an option on whether he wants to hold a hearing or waive his right.

“I will put an end to this. Every administrative case where the penalty would result in more than one week suspension from office, the respondent will be asked whether he opts to have a hearing or he waives the right to have a hearing,” he said. —NB, GMA News