House surprised by Ombudsman's quick action on panel report vs VP Sara

The quick action of the Ombudsman on the committee report recommending the filing of criminal charges against Vice President Sara Duterte and other personnel over alleged misuse of public funds has caught the House of Representatives by surprise, Manila Representative Joel Chua said Monday.

“Masasabi namin na parang mabilis din 'yung naging pangyayari...So, medyo nagulat lang kami," Chua said in a press conference.

He said the House plenary adopted the report of the Committee on Good Government and Public Accountability, which he chairs, on June 10. The report was submitted and received by the Office of the Ombudsman on June 16.

Three days later or on June 19, the anti-graft body directed Duterte and others to respond within 10 days and file their counter-affidavits “together with the affidavit/s of their witness/es, and other supporting documents.”

"Kung maalala po ninyo, noong June 10, noong inadopt ng Congress ang committee report, at na-submit namin, natanggap ito ng Ombudsman noong June 16. Noong June 19, or three days thereafter, pinasasagot na agad ang ating Bise Presidente,” Chua said.

(We can say that the Ombudsman’s action happened so fast, given that the House adopted the committee report on June 10, the Ombudsman received it on June 16 and the Ombudsman ordered the Vice President to answer just three days after receipt.)

He expressed hope the Ombudsman would be able to watch the impeachment trial first before handing its decision because it will get additional evidence there.

But if the anti-graft body will proceed with its investigation, the House panel is ready to cooperate, Chua said.

He added the verdict of the Senate impeachment court should come out first before the Ombudsman makes a decision whether or not the Vice President should face criminal prosecution, citing a 2005 Supreme Court ruling on the Ombudsman v. Court of Appeals case.

“Medyo mahirap naman po yatang madaliin 'yung nasa Office of the Ombudsman. Dahil una-una marami po ‘yung respondents, marami iyong [kailangan ipresenta para sa] participation nila, marami iyong ebidensya. Medyo mahirap naman na hindi mo ma-scrutinize isa-isa ‘yun. Sa impeachment [trial] po, marami pong mailalabas rito [na ebidensiya], so mas maganda rin, mas makakatulong po sa kanilang pag-de-desisyon," Chua said.

(The Ombudsman would be hard pressed to rush this since there are many respondents, evidence. It would be in a tough spot if it will not be able to scrutinize all of that. During the impeachment trial, there will be more evidence to be presented, and it will help the Ombudsman make a decision.)

He said for the other respondents, the filing of criminal charges if deemed proper can proceed. 

"Doon po sa Vice President, hindi pa muna unless and until lumabas 'yung resulta ng impeachment. That's the only time na po pwede siyang makasuhan. Kaya nga po naglalagay ng impeachment proceeding eh. Ito muna,” Chua added.

But not for the Vice President, unless and until the impeachment court issues a verdict. That is the only time that charges can be filed against her. That is why an impeachment proceeding is in place. This comes first.)

Chua then said that while there is a possibility that the Vice President will be cleared of criminal liability ahead of the impeachment trial, the House prosecution panel believes that the Ombudsman’s decision, whatever it will be, will not diminish the solid grounds of the impeachment complaint that the House filed against her.

“Well, tayo naman, siyempre, lahat naman ng anggulo, tinitignan rin namin. But just the same, ayaw rin natin mag-speculate. Ayaw rin natin pangunahan. So basta tayo, naniniwala tayo na gagampanan nila ang kanilang tungkulin dahil hindi lamang po tayo ang may interest dito. Ito po ay inaantay ng taong bayan. At ‘yung taong bayan po ang pinakanakatutok rito,” Chua said.

(We look at all possibilities but we do not want to preempt the process. But we believe that the Ombudsman will fulfill its mandate because this is about public interest, and the public is waiting, very vigilant of this process.)

“In criminal charges, you need evidence to prove guilt beyond reasonable doubt. Medyo mas mabigat po. Unlike dito po sa impeachment, ang tinatry po kasi dito is yung conduct ng public official while in office. So ako, naniniwala na bagamat marami ang nag-woworry...welcome development nga po itong ginawa nila (Ombudsman) kasi kung maalala ninyo, noong November, sinasabi po ni Ombudsman Martires na wala siyang nakikita ang acts [ng Vice President] na dapat pa nilang imbestigahan. E ngayon, sa committee report pa lamang, wala pang naka-attach na ebidensya, binigyan na nila agad ng pansin,” Chua added.

(There is a higher bar for proof in criminal charges, which is different from what is required in the impeachment trial. But still, the Ombudsman taking action is a welcome development since he once said in November last year that they find no reason to probe the Vice President. Now, they immediately took action on our committee report, even if not all of the evidence we have is attached.)

House impeachment prosecutor Iloilo Rep. Lorenz Defensor expressed doubt that the Ombudsman's investigation would impact the impeachment proceedings.

"That's a valid concern by Congressman Chua. But let's wait how fast the Ombudsman will act on the recommendation by the Committee on Good Government," Defensor told GMA Integrated News.

"It all depends on what action the Ombudsman will take. I am sure in the short span of time that it decided to request for a counter-affidavit, it should take more time for it to evaluate the documents to be filed by the Vice President," he added.

When asked how the Ombudsman's investigation would impact the impeachment proceedings, Defensor said the two could proceed at the same time.

"I don't see any impact on the impeachment complaint. I'm glad that the Ombudsman took action on the recommendations of the Committee on Good Government, and that's a good sign for us," Defensor said.

"I won't preclude what decision or action the Ombudsman will take. It's just that taking action on a recommendation by the Committee on Good Government is a good sign that there are reasons for an investigation to be done by the Ombudsman," he added.

Defensor said the impeachment proceedings would not be affected in case the Ombudsman dismisses the complaint against the vice president.

"It will affect public opinion on the case, but it will not affect the impeachment if the evidence will be received by the senator-judges," Defensor said.

Defensor also welcomed President Bongbong Marcos Jr.'s pronouncement that he was not meddling in the impeachment proceedings. –AOL/NB, GMA Integrated News