Martires wants to restrict public access to complaints filed at Ombudsman

On his first day as lead anti-corruption watchdog, Ombudsman Samuel Martires on Monday said he plans to limit public information on the complaints filed before the Office of the Ombudsman to prevent "prosecution by publicity."

Martires told reporters that future complaints against erring public officials will be treated with confidentiality.

He said the Ombudsman would even deny an existing case when sought for confirmation.

"The public always has the right to know but give us first a room to investigate. There is always a limit to that right to information. Hindi porke nasa media tayo, lahat na lang dapat binubusisi natin at inuusisa natin," Martires said.

"We can always deny that a complaint was filed at the Office of the Ombudsman, this is to protect also the employee or official concerned, I don’t want to resort to prosecution by publicity. Mahirap yun e, nauuna pa malalaman ng taumbayan na mayroong kaso ang tao kaysa yung tao mismo," he added.

Martires said his new policy is not a violation of Executive Order No. 2 on the freedom of information (FOI), noting the public can still learn of a case against an official once it is filed with the Sandiganbayan.

"Ano ang nilabag ko sa FOI? Which is more important, the freedom of information or the rights of the person? Alin ang mas mahalaga? Sana 'wag nating pagkaperahan yung mga tao. This is not a simple case of rape or murder," he said.

Section 15(6) of the Ombudsman Act of 1989 requires the Ombudsman to "publicize matters covered by its investigation" against officials accused of graft and corruption and "that any publicity issued by the Ombudsman shall be balanced, fair and true."

Former Ombudsman Conchita Carpio Morales had allowed media to interview complainants before or after a case has been filed. Her Public Information and Media Relations Bureau also issues press releases for media organizations. 

Martires, however, said his office will be silent until it finds probable cause against a respondent even those tagged in high-profile cases.

"Mayroon namang husgadong magco-convict. So from the time we file the case, from the time we find probable cause, lahat sa Ombudsman tikom dapat ang bibig," Martires said.

Martires said the imposition of sanctions against those who grant interviews when the case has yet to undergo a preliminary investigation is also being considered.

"I will not issue any sanction for now, but I will make it a point that the office of the receiving section will be shielded, will be away from the media so we can always deny that a particular complaint was filed. Okay lang kung diretso preliminary investigation," he said.

Lessen criticisms

Meanwhile, Martires urged the public to lessen its criticisms on government officials if they don't have viable solutions that can help the government's fight against graft and corruption.

"Walang laman tayo sa ating mga bibig kundi mag-criticize sa ginawa ng isang official. Wala naman tayong binibigay na solusyon. We do not make any suggestion, wala, puro kritisismo. Bawas-bawasan natin ang galit sa ating mga puso, pagdating ng araw, siguro maiintindihan natin. This is not just an issue of corruption, it is an issue of values formation," he said.

He added public officials also have human rights and the right to privacy, especially for those who were tagged for alleged conspiracy to the crime.

"Kahit ba isang maliit na kawani lang sa isang munisipyo may dignidad yan e. Karamihan nga sa mga kawani na nadadamay sa isang mayor ang tanging dignidad niyan yung kanyang karangalan. So bakit natin sisirain just because they were dragged into the case. Hindi sa pinagtatakpan yung kasalanan but let’s try to protect them," Martires said. — RSJ, GMA News