Ombudsman lawyer being probed for Mamasapano delay

Lian Buan

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Ombudsman lawyer being probed for Mamasapano delay

Darren Langit

(UPDATED) The Office of the Ombudsman discovers that their former chief records officer sat on the informations for 7 months until someone noticed nothing had been filed in relation to the Mamasapano case

MANILA, Philippines (UPDATED) – An official of the Office of the Ombudsman is being investigated for causing the 7-month delay in the filing of criminal charges against dismissed Philippine National Police (PNP) Chief Alan Purisima and dismissed Special Action Force (SAF) Commander Getulio Napeñas Jr over the botched Mamasapano clash.

She is lawyer Alma Cagat-Cagat who used to be the chief records officer in 2016 when Ombudsman Conchita Carpio-Morales affirmed the indictment of Purisima and Napeñas for graft and usurpation of public functions. She was responsible for filing the proper charges in court against the two former police officers.

The charges were filed before the anti-graft court Sandiganbayan only in January 2017 when they should have been filed as early as June 2016.

Interviewed in January for the anniversary of the Mamasapano clash, Morales said it was only upon the pressing of a beat reporter that she was made aware that charges were yet to be filed.

When she had it checked by the current chief records officer, they found out that no information had been filed in court despite a standing order from the Ombudsman herself. 

“It was just yesterday [January 24] when I discovered that it turned out the information was due for filing in June. I presumed that the case was filed. So when it was discovered that it was not filed, I gave a show cause order within 24 hours why she should not be faulted,” Morales said on January 25. It was only on January 24 when informations were finally transmitted to the Sandiganbayan.

In a press conference on April 25, Morales said a case has been filed against Cagat-Cagat before their internal affairs board.

Dismissal from service?

Board chairman and Deputy Ombudsman for Luzon Gerard Mosquera, however, refused to disclose the content of Cagat-Cagat’s response to the show cause order.

“Theoretically, the offense could be gross neglect of duty and also grave misconduct if the neglect is gross and grave in nature and hypothetically, these offenses, if proven, carry the penalty of dismissal from service,” Mosquera said.

Cagat-Cagat was removed from her position as chief records officer in December by Morales and is holding a non-lawyer position at the Office of the Special Prosecutor (OSP). A source said she was due to hold a lawyer position at the OSP but the promotion was halted by the issue.

The Ombudsman has recently been hit for alleged investigative delays that have resulted in the dismissal of at least 27 corruption cases this year alone.

In the past, the office, particularly the OSP, has been accused of bribery among its ranks. The accusations were made in the context of case dismissals that stem from insufficient evidence.

Kabayan Representative Harry Roque insinuated there was a deliberate attempt on the part of prosecutors to file weak cases. The OSP vehemently denied the claims and dared Roque to name names.

Mosquera said there is currently no case related to bribery or corruption that is pending against any official.

“The internal affairs board during the administration of Ombudsman Morales has been very agressive and proactive in investigating cases amongst our own personnel, and the record speaks for itself. The internal affairs board has recommended dismissals of at least two deputy Ombdusmen, sanctions against senior officials even,” Mosquera said.

He was referring to former Special Prosecutor Dennis Villa-Ignacio who was fired in 2012 for faking his attendance record to cover up absences and former Deputy Ombudsman for Mindanao Humphrey Monteroso who was fired in 2015 for asking his assistant to do house chores. – Rappler.com

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Lian Buan

Lian Buan is a senior investigative reporter, and minder of Rappler's justice, human rights and crime cluster.