Lawyers are urging the Office of the Ombudsman to consider publishing its orders to inform the public on the resolution of cases, especially those involving public interest.
Yesterday, Ombudsman Jesus Crispin Remulla announced that he would no longer request the Senate to implement a 2016 dismissal order against Senator Joel Villanueva after his predecessor reversed the order in what he called a “secret decision.”
For his part, former Ombudsman Samuel Martires clarified that the order was not a “secret,” considering a complaint and case management system (CCMS) is in place.
Manila Standard sought notable lawyers’ comments on the publication of cases heard before the Ombudsman.
For University of the Philippines (UP) College of Law Assistant Professor Paolo Tamase, the Ombudsman’s office is accountable to the public as it is considered the “tanodbayan” or the “watchman of the people.”
“The Ombudsman should consider publishing its Orders resolving administrative cases. Courts up to the appellate level already do this. Data privacy concerns, which were often cited by Ombudsman Martires for not disclosing SALNs, are often overblown and can’t be used to defeat a constitutional policy of disclosure,” he explained.
As such, he noted that the public should have been informed about the former Ombudsman’s reversal of a dismissal order against a high government official by way of publication.
“If Ombudsman Remulla suspects that the Order was spurious, then it would also be within his power to inform the public of those circumstances that make him suspicious. It will help rebuild trust in an Ombudsman that truly seeks to protect the people’s interest instead of those accused of graft,” he added.
Meanwhile, lawyer and constitutionalist Michael Henry Yusingco shared that orders and resolutions issued by the Ombudsman should be published like the cases decided by the Supreme Court, noting that clear rules must also be placed.
He underscored that it should be made available to the public, especially those involving corruption among high-ranking individuals.
Yusingco, who is also a Senior Research Fellow at Ateneo Policy Center, said the former Ombudsman should have announced the reconsideration of the order.
“Personally, I would be interested to hear his reason for not announcing the reconsideration, considering the case involved an incumbent senator believed to be engaged in pork barrel corruption. Keeping silent about it will naturally make people think there is an intent to deceive the public. [I] would love to know how he can explain this,” he said.
“There is no chance to implement the 2016 order. Never had a chance in the first place because the Ombudsman has no authority over members of Congress,” he added.
