Ombudsman: Charges vs. execs, cohorts in flood control mess by Nov. 25

Ombudsman Jesus Crispin Remulla is eyeing to file charges against high-ranking government officials and their cohorts allegedly involved in the anomalous flood control projects before the Sandiganbayan by November 25.

Remulla was referring to government officials who fall under Salary Grade 27 and above, and as such, under the jurisdiction of the Sandiganbayan or the anti-graft court.

Those cases against individuals under Salary Grade 26 and below and their alleged co-conspirators are under the jurisdiction of regional trial courts.

“The target [date of filing] is really by November 25, we will have cases in the Sandiganbayan already, meaning filed before the Sandiganbayan. Sa indictment na [namin papangalanan. We'd rather name the official when we file the case. One official, ….and there are others because of the ICI filing,” Remulla said, referring to the Independent Commission for Infrastructure (ICI) which recommended the filing of plunder, bribery, and corruption complaints against Senators Joel Villanueva and Jinggoy Estrada, former representatives Zaldy Co and Mitch Cajayon, and Commission on Audit (COA) Commissioner Mario Lipana, among others, over their alleged involvement in the anomalous flood control projects. 

“Looks like the Sandiganbayan may be busy in the next few months or years, given the pace of the investigations and all of these cases [that] will be filed,” Remulla added.

Asked if the November 25 target includes filing criminal charges against incumbent senators, Remulla replied, "Basta indictable na sila. Indictable sila sa Sandiganbayan (As long as they are indictable by the Sandiganbayan). That should give you enough clues. Don't get it from me because you won't get it from me. [Just look at the] Salary Grade,” Remulla said.

Members of the House of Representatives and the Senate fall under Salary Grade 31 or over P300,000 per month.

Remulla then said his office also got initial reports on the 421 flood control cases, and these are being validated as of the moment.

“We are in the process of farming them out.  We have validation reports from the PNP about the projects being ghost projects. It's just that we have to check again with the big documents about the location of these projects, so we won’t fail proving that these are ghost projects. The location is critical to this,” Remulla said.

Not necessarily plunder

Remulla said charges to be filed against high-ranking government officials and their cohorts are not necessarily plunder, which carries the gravest jail time and penalties, among other sanctions.

“Plunder is overrated. Through all these years, I think there's only been one conviction for plunder. That's why we are looking at other crimes that are easier to prove. Because plunder is overrated. It's full of holes already,” Remulla said.

“All the jurisprudence (Supreme Court decisions) about plunder has just explained that it's very hard to pass the test,” Remulla added.

While Remulla did not cite a particular Supreme Court decision, a 2016 High Court ruling has required another element for the prosecutor to prove that someone accused of plunder is guilty beyond reasonable doubt: the identification of a main plunderer.

Likewise, Remulla welcomed the expected resumption of the Senate Blue Ribbon probe on flood control projects on November 14.

“All the information helps us. What the Senate is doing is like our fact-finding process. And it gives us sworn statements and transcripts from testimonies made under oath. So these are statements we can use in any investigation. Kaya malaking tulong ‘yan,” Remulla said.

“It's very useful information. In fact,  most of the information of the cases to be filed now, initially came from the [Senate] Blue Ribbon Committee hearings,” Remulla added.—LDF, GMA Integrated News