Can Ombudsman file charges vs. impeachable officials? Former law school dean explains

An impeachable official may be investigated by the Ombudsman and even charged before the courts, although an impeachment complaint will likely take precedence, a former dean of the University of the East College of Law said on Monday.

Atty. Amado Valdez made the remark in an interview on Super Radyo dzBB days after former Finance Usec. Cielo Magno and priests, Fr. Flavie Villanueva and Fr. Robert Reyes, led the filing of complaints for plunder and malversation of public funds against Vice President Sara Duterte before the Ombudsman.

The complaints were in connection with the alleged misuse of P612.5 million worth of confidential funds at the Office of the Vice President and the Department of Education, which Sara Duterte used to lead as secretary.

"Lahat tayo, pwede tayong masampahan. ‘Yung constitutional prohibition d’un sa mga impeachable officials, those are just limitations during the time of incumbency," Valdez said.

"It does not give you immunity or protection from any charges. 'Yung Ombudsman naman, mag-iimbestiga. Malaki kasi ang power ng Ombudsman to investigate dahil nasa constitution din yung power niya e," he added.

(All of us may be the sued. The constitutional prohibition as regards impeachable officials is just a limitation during the time of incumbency. It does not give you immunity or protection from any charges. The Ombudsman may investigate because it also has immense powers under the constitution.)

Valdez said the Ombudsman's findings in its investigation may be used to file an impeachment case before the impeachable official before the House of Representatives, upon the endorsement of a House member.

Citing the case of former President Joseph Estrada, Valdez said the criminal case was filed before the Sandiganbayan after the impeachment proceedings ended.

Asked if the Ombudsman may not file an impeachment complaint before the House and a case before the Sandiganbayan at the same time, Valdez said, "Pwede namang simultaneous, but sabi ko nga, the Sandiganbayan will siguro suspend the proceedings habang umiiral yung impeachment case."

(It can be filed simultaneously, but the Sandiganbayan may suspend the proceedings while the impeachment case is going on.)

"You have to remove her first before you can go ahead with the criminal case," Valdez said.

Sara Duterte on Saturday slammed the filing of plunder and graft complaints against her and 15 others as "another fishing expedition" and a cover-up for the corruption and misuse of public funds.

"Another fishing expedition is now being launched, as they scramble to weaponize any accusation they can manufacture just to create a semblance of procedural legitimacy for an investigation," Duterte said in a statement posted on social media.

"Hinihikayat ko ang ating mga kababayan na maging mapanuri at huwag basta magpapadala sa mga paninira. Hindi ito tungkol sa paghahanap ng katotohanan — ito ay tungkol sa pagtakip ng nakawan sa kaban ng bayan na hanggang ngayon ay walang nananagot," she said.

(I urge our countrymen to be discerning and not be swayed by criticisms. This is not about finding the truth — it is about covering up the stealing of public funds for which no one is held accountable, yet up to now.) –NB, GMA Integrated News