Thread by @lianbuan

NOW: House budget hearing for Office of the Ombudsman. Ombudsman Samuel Martires and his executives present via Zoom. Like judiciary, Ombudsman invokes fiscal autonomy because their proposed 2022 budget is P3.9 billion, lower than their 2021 budget of P4.7 billion @rapplerdotcom

House Minority Leader Joseph Stephen Paduano manifests, as read by Rep Kit Belmonte, that there are many cases pending before the Office of the Ombudsman, says "I hope their budget cut will not be used as a reason for a lackluster performance."

The Constitution grants Office of the Ombudsman fiscal autonomy. It's the Ombudsman law RA 6770 that explicitly provides that their budget "may not be reduced below the amount appropriated for the previous years."

Martires: I think it will take us a lifetime to combat corruption. Unless we change our values, unless we address the roots of corruption like greed. Unless we do that, no matter who the Ombudsman is, we cannot prevent graft because it is endemic in our society.

Martires said their operation has been hampered by the pandemic. In the last budget hearings, lawmakers have questioned why the Ombudsman is filing less and less cases. It's Martires' belief that they would rather file less but quality cases.

Martires said they have to abolish some offices, and merge some offices. Martires said it's compliance to a 2019 audit finding that the Office is top-heavy. He says he wants to hire more investigators and lawyers in the fact-finding and prelim investigation bureaus.

Martires said the Office of the Special Prosecutor (OSP) is sufficiently staffed. He said their requested budget increase would go to the fact finding and prelim investigation bureaus – the bureaus that resolve complaints for potential filing. OSP steps in when they reach court.

Here's a summary of the Ombudsman's filed cases – only filing 117 in 2020, the lowest in a decade.

rappler.com/nation/ombudsm…

Martires says the data of few cases should be taken in two context: 1.) It's Sandiganbayan data, so it doesn't take into account the cases filed before the RTC. 2.) Some cases forego the criminal aspect, but proceed with the admin aspect (meaning it did not reach SB)

Martires: We talked of quantity before, I don't want to talk about quantity, but quality.

Martires calls as "kahihiyan" the dismissal of cases filed against ex-Caloocan Mayor Recom Echiverri, calling it "nanganak na cases" because they root from similar projects. Martires says from now on, they will file "single delivery" cases.

Zarate follows up on complaints against General Parlade which invoke both graft and the International Humanitarian Law (IHL) to hold him accountable for red-tagging. Martires says the fact-finding inquiry may be complete this month.

Martires says hiring of more investigators would hasten resolution to as quick as 6 months. It would also address the allegations that there is "parking" in those bureaus.

Read more about the parking issue here: rappler.com/nation/office-…

Zarate asks why there is an incrase in lifestyle check budget when Martires said last year they would stop lifestyle checks. Martires said they continue to do so, not based on a complaint, but for investigations that need one in order to proceed.

Martires talks again about weaponizing SALNs, says he was a victim too about how the media can "destroy" one's reputation.

Martires says he wants an amendment of RA 6713 that anyone who makes a comment about one's SALN should likewise be liable, referring to what he said were unfair reports. He says RA 6713 authorizes only publication, not commentary.

Martires: Kami ang sinisisi bakit hindi nagre-release ng SALN. I don't know what is the interest in getting the SALN of the President and the Vice President. Sila lang ba ang capable of corruption, it starts from the roots.

Zarate: Isn't it dangerous to punish someone who would ask? Freedom of expression is a constititutional right, so is transparency and accountability.

Malacañang and Office of the Ombudsman have been passing the buck to each other when it comes to Duterte's SALN. Martires says he stands by his circular, where the only ways you can get one's SALN is if you get the consent of the person, or if it's part of a gov't investigation.

Martires: I am willing to be removed from office if only to defend that memorandum circular.

He's talking about Memorandum Circular No. 1 Series of 2020 that restricts public access to the SALNs in their jurisdiction, President, VP, constitutional heads.

Martires said he has expanded the fact-finding inquiry started last year in the DOH, to cover the alleged overpricing. Asked specifically if it would include the likes of PS-DBM Usec Lloyd Christopher Lao, Martires simply says: "No one will be spared."

Martires said he expanded the inquiry on August 12. On that day, the press release of the Office of the Ombudsman was that they would prefer to wait for the COA process to finish.

Martires said he would fight to regularize the job-order personnel in his office, says that to not do so would be a violation of human rights.

NOW: House appro committee moves to the DOJ's budget. DOJ, and all its attached agencies, have a proposed P24 billion. P7.9 billion for the DOJ main.

Related story: rappler.com/nation/doj-ext…

In April 2020, DOJ relaxed the rules on clemency. Gabriela Rep Arlene Brosas asks why the same was not granted to 75-year-old political prisoner Jesus Alegre who died in June this year after 16 years in jail.

Rep Zarate now discussing the AO 35 panel or the EJK panel, points out possible conflict of interest as there are allegations some killings are by state agents. Secretary Menardo Guevarra says they work under the principle that everyone in the panel adheres to rule of law.

DOJ Usec Adrian Sugay says AO 35/EJK investigations still pending.

The general complain about this panel is that cases move slowly and there is wanting result, despite having annual budget of minimum P10 million.

"We're not hiding anything," said Guevarra, defending the fact that the drug war review reports have not been made public. The prelim report was only publicized by way of a statement, full report secret. The 2nd report's content is still unknown.

Guevarra says they continue to monitor congressional probes into pandemic funds, "at kung sa tingin po namin kailangang kumilos na po kami, then hindi po DOJ, kundi NBI, ang maaaring mag-conduct ng kaukulang investigation."

Rep Argel Cabatbat hits the budget cut for NBI, says sensational cases are still lodged before the NBI for their professionalism.

NBI has a proposed 2022 budget of P1.9 billion, lower than their 2021 current budget P2.3 billion.

Zarate points out how state agents can "game" the prosecutorial processes to go after activists, but Guevarra says "it's a problem much wider than the DOJ can address on its own," says it needs to be threshed out in a bigger venue.

Guevarra says the PACC corruption council is different from their task force because the former is preventive via information campaign, and the latter is investigative and prosecutorial.