Miriam on Ombudsman: There’s a God, after all

MANILA, Philippines – “There is a God, after all.”

Senator Miriam Defensor Santiago was quick to hail the decision of Ombudsman Conchita Carpio Morales to deny the appeals of the 3 senators indicted for plunder over the pork barrel scam.

Just minutes after the Ombudsman released its decision, Santiago issued a statement welcoming the joint orders reiterating that there is probable cause to file a plunder case against senators Ramon “Bong” Revilla Jr, Jinggoy Estrada, and Santiago’s arch enemy, Juan Ponce Enrile.

“Automatically, the filing of the complaints will trigger the issuance of warrants of arrest against the 3 senators,” Santiago said on Thursday, June 5.

The decision did not surprise Estrada.

“Expected na namin iyan. Parang moro-moro na lang ginagawa ng Ombudsman. Hindi na nakakagulat,” Estrada told reporters in a phone interview. (We already expected that. What the Ombudsman is doing is a sham. It’s not surprising.)

Estrada reiterated that he is willing to surrender to authorities, and need not be arrested. “We will just wait for the case to reach the Sandiganbayan. Once there is a warrant of arrest, I will surrender.”

Revilla’s lawyer, Joel Bodegon, said he has yet to talk to his client about the Ombudsman’s order but the senator’s camp can file a petition for certiorari before the Supreme Court. 

“His position is that he will face all the consequences of these proceedings. He will not run from the case,” Bodegon said. 

Enrile has yet to comment as of posting time. 

Estrada, Revilla and Enrile are accused of conniving with alleged mastermind Janet Lim Napoles to channel millions of pesos in pork barrel funds to her bogus non-governmental organizations. The Ombudsman has said Revilla got the biggest kickback worth P242 million, followed by Enrile with P183 million, and Estrada with P172 million.

In denying the appeal of the 3 senators, the Ombudsman said their motions for reconsideration were just “rehashes” of the arguments they initially raised in their counter-affidavits, with “verbatim repetitions of the issues and claims.”

Once the Ombudsman files a case against the 3 senators, they will automatically be suspended from office, under the plunder law. (READ: What happens if ‘pork’ senators are arrested?)

‘Watch out for delaying tactics’

Plunder is a non-bailable crime but Santiago said that the Sandiganbayan will likely conduct bail hearings because the Constitution guarantees that all persons have a right to bail.

“I humbly urge the Sandigan court to conduct hearings on the motions for bail by using a summary procedure. If evidence of guilt is strong, the accused should remain in detention to prevent them from fleeing as fugitives from justice, or financing a program of terrorism to distract the public,” said Santiago, a former trial court judge.

Santiago distingusihed between bail as a right and a privilege.

“Every person has a right to bail, but if the person is charged with a non-bailable offense, he loses the right. Instead, the law merely gives him a privilege by giving him the chance to show at a mini-trial that evidence of guilt is not strong. If evidence is not strong, he will be granted bail. If evidence is strong, he will be denied bail and will have to stay in a detention cell at the PNP headquarters.”

Santiago said that the lawyers of the indicted senators will again raise the case before the Supreme Court “maybe even to other forums to delay the criminal proceedings.”

Revilla and Estrada filed petitions before the High Court to stop proceedings at the Ombudsman, arguing that the anti-graft body denied them due process in failing to give them copies of the affidavits and evidence submitted against them.

Revilla also asked that the Supreme Court suspend the Ombudsman proceedings pending the resolution of a separate civil complaint he filed against the whistleblowers at the Regional Trial Court in Cavite.

The Supreme Court though did not issue a restraining order on the Ombudsman.

As for Enrile, the former trial lawyer said he is ready to defend himself in court and may even become his own lawyer. Santiago attacked the pronouncement.

“Any boasting on the part of the accused is just whistling in the dark. Everybody knows that a lawyer who represents himself is a fool,” Santiago said.

Santiago warned the public against delaying tactics, repeating her insinuation that Enrile had a hand in the release of various lists implicating officials in the scam.

She has decried as “mudslinging” the inclusion of her name in the digital files of principal whistleblower Benhur Luy, and the release of different lists of officials attributed to Napoles. 

“The best proof that one of the accused has used terrorist tactics to sow confusion and fear among the public is the recent obviously manufactured problems raised by the simultaneous release of the lists of pork scammers. Watch out for similar diversionary tactics.”

With the case now shifting to the courts, the Senate has yet to decide on whether or not to continue its investigation on the scam. – Rappler.com