Ombudsman’s case survival rate drops in 2017

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Ombudsman’s case survival rate drops in 2017

AFP

This is the rate that cases reach trial and are not dismissed for lack of sufficient evidence

MANILA, Philippines – The Office of the Ombudsman saw a decline in its case survival rate from 84% in 2015 to only 36% in 2017.

What the term means: Case survival rate means the rate that cases reach trial and are not dismissed “on demurrer,” or for lack of sufficient evidence, after being filed before the Sandiganbayan.

In 2015, only 36 cases were dismissed without trial out of 225.

In 2016, 69 out of 140 or nearly half of cases didn’t even reach trial.

In 2017, the Ombudsman transmitted a high volume of cases to the Sandiganbayan: 1,160. But out of all those, only 418 cases reached trial – then were eventually terminated.

Why so many dismissed cases: Ombudsman officials point to the 2013 Supreme Court (SC) ruling involving former justice secretary Hernando Perez.

In that case, the SC established that prosecution cases can be dismissed due to “inordinate delay.”

The doctrine of inordinate delay is anchored on the constitutional right of an accused to speedy disposition of his or her case. This has since been used again and again by the Sandiganbayan.

What’s lost: A dismayed Deputy Ombudsman for Luzon Gerard Mosquera said the dismissal of so many cases based on delays is costing the country “billions of pesos” siphoned from corruption that may never be brought back.

Among these cases are the P2.5-billion swine breeding scam, the P721-million fertilizer fund scam, and the multibillion-peso pork barrel scam.

In 2017, the Office of the Ombudsman filed a petition with the SC, asking it to strike down the “inordinate delay” doctrine.

The good news: Despite many of their cases being dismissed left and right, the Office of the Ombudsman arguably does its job well when cases do reach trial.

Of the 429 Ombudsman-handled cases heard before the Sandiganbayan in 2017, only 98 were acquitted, with the Ombudsman chalking up a 77% conviction rate.

This is 5% higher than the 72% registered in 2016, and more than twice the conviction rate when Ombudsman Conchita Carpio Morales assumed office in 2011.

2017 was the last full year of the office under Morales, who is set to retire in July 2018. – Rappler.com

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