Ombudsman Jesus Crispin Remulla on Monday urged the Supreme Court (SC) to review the doctrine requiring the identification of a main plunderer in plunder cases, calling it not justice but a shield for the guilty.
In his first annual report, Remulla cited Macapagal-Arroyo v. People, where the SC ruled that the prosecution must identify a main plunderer and that the accused personally received or benefited from the act.
“Think about what that means. The smarter the thief. The safer he is. Pass the money through enough dummies, middlemen, and shore companies, and no one can be shown to have touched it,” he said.
“Ang batas laban sa pandarambong ay ginawa para panagutin ang mga nagnanakaw ng mga bilyon-bilyon. Pero sa doktrinang ito, ang pinakamalaking sindikato ang pinakamahirap mahuli. Hindi po ‘yan hustisya. Panangga lang po ‘yan,” he added.
(The law against plunder was created to hold accountable those who steal billions. But under this doctrine, the biggest syndicate is the hardest to catch. That is not justice. It is merely a shield.)
The Ombudsman said that the same scheme was taken advantage of in the flood control controversy.
Remulla said money moved through many hands, and many layers of contractors, and accounts that do not carry the names of those who profited.
He stressed it is time to review and revisit the doctrine.
“Sinasabi ko ito ng may buong paggalang sa Kataas-taasang Hukuman. Panahon na para balikan ang doktrinang ito. It’s time to revisit it,” he said.
(I say this with full respect for the Supreme Court. It is time to revisit this doctrine. It’s time to revisit it.)
Currently, Remulla said his office has filed 39 flood control cases, of which 35 were filed with the Sandiganbayan and four were filed with regional trial courts.
The cases involve 52 individuals, including former Speaker Martin Romualdez, Senator Jinggoy Estrada, former senator Ramon “Bong” Revilla, four congressmen, contractors, and Public Works and Highways officials.
Remulla also flagged what he called a “black propaganda” on social media where comment sections are flooded by fake accounts and fake reactions
“‘Wag tayo magpapagamit. ‘Wag tayo magpapauto sa mga taong nagbabayad para sa mga comments o reactions. Kung gusto ninyo malaman ang totoo, 'wag sa comment section kayo tumingin. Tignan ninyo ang mga dokumento, tignan ninyo ang mga kasong naisampa. Tignan ninyo ang mga ebidensya,” he said.
(Let’s not allow ourselves to be used. Let’s not be fooled by people who pay for comments or reactions. If you want to know the truth, don’t look at the comment section. Look at the documents, look at the cases that have been filed. Look at the evidence.)
“To those still hoping that time, money, and connections or a paid army online will save them. They will not. Nasa orte na ang mga kaso and we have done the hardest part. Building them. The next chapter belongs to the courts,” he added.
(To those still hoping that time, money, and connections or a paid army online will save them. They will not. The cases are now in court, and we have done the hardest part. Building them. The next chapter belongs to the courts.)
Meanwhile, he told honest officials to keep serving, assuring they have nothing to fear from the Ombudsman.
“To those who betray public trust, hindi kayo ligtas. Not behind your position, not behind your money, not behind your connections, and not across any border,” he said.
(To those who betray public trust, you are not safe. Not behind your position, not behind your money, not behind your connections, and not across any border.)
“At sa sambayanang Pilipino, ang tanggapang ito ay hindi para sa iisang tao o isang administrasyon. Para ito sa inyo,” he added.
(And to the Filipino people, this office is not for one person or one administration. It is for you.) —AOL, GMA News