Angel Thoughts

Guarding the Guardian

By DEEDEE M. SIYTANGCO
March 14, 2009, 12:12pm

“The quality of mercy is not strained;
It droppeth as the gentle rain from heaven
upon the place beneath.
It is twice blest;
him that gives
and him that taketh.”

– Portia in William Shakespear’s Merchant of Venice

Mercy in this case is the lady ombudsman, Merceditas Gutierrez, who is undergoing her own early scourging, being spat upon and crowned with accusations, and it’s not even Holy Week yet.

Those who call for her blood want her crucified because they have already judged her to be “incompetent, coddling, corrupt politician” in the bar of  public opinion.
And they are the ones who don’t like her lady boss, too, so venting their spleen on her is also as satisfying!

I personally like Mercy when she rendered a very humane and just decision during her time as DOJ chief. This was to dismiss a harassment case filed against an ordinary government functionary whose boss did not like. And, I am convinced that she is not anything that they accuse her to be. So I sat down with her one warm evening at a mutual friend’s home to hear from her about her own “penitensiya.”

She was hurting and admitted that she should not have taken the bait and lost her temper with her critics. She just had to get it off her chest, she told us. But now that she had, she would face her tormentors and explain the workings of her office to the public. The ombudsman, being the protector of the public trust and the designated “watchman” has been investigating with caution, following processes and following up leads to obtain evidence, has not been remiss nor has the office dragged its feet on the 'big fish cases', Mercy asserted.     

Evidence and proper witnesses have not always been easy to track down, but the ombudsman knows better than her critics that without solid evidence, any case her office recommends for filing will not prosper in court.

“The cases contained in the complaints had been verbally answered and some of the cases are pending in the courts either by way of appeal or undergoing trial," assistant ombudsman Mark Jalandoni pointed out.

On the case of Euro generals, the ombudsman conducted a fact-finding investigation against ranking officials of the Philippine National Police (PNP), he said.

“We have completed our investigations but there was discrepancy in the amount involved. Iba 'yung sinasabi ng Russia iba naman sa PNP, so kailangan ng review uli ng kaso, kaya tumagal ito,’’ Jalandoni said.

“Even if there was an admission, you have to compare it with other pieces of evidence. For example, in a murder case, you don’t have to believe it right away. If one claims self-defense, the judge does not readily believe it. You have to compare it vis-à-vis with other pieces of evidence,” he added.

On the Mega Pacific case, the ombudsman has complied with the directive of the Supreme Court to conduct an investigation on the possible criminal liability, if any, against public officials and other private individuals implicated, Jalandoni also said.

“We complied. To ensure transparency, we conducted a public hearing where the media and civil society participated. The case is being reviewed by the Supreme Court. In this case, it is the Supreme Court which should tell us if we are correct or not, not the complainants,” Jalandoni said.   

On the case of former DOJ secretary Hernani Perez, who was charged with robbery with extortion, the Office of the Ombudsman filed four cases before the Sandiganbayan against Perez, he added.

“Two of these cases are ongoing trial, while the other two cases are subject of a Motion for Reconsideration filed by the Ombudsman,’’ Jalandoni said.

Mercy is visible these days, taking the offensive against her detractors, but in her lady-like ways. There is an unfair insinuation that she got the position because she was an Ateneo Law graduate and batchmate of the First Gentleman. Unknown to many, this daughter of an anti-Marcos man who was once vice-governor of Bataan, was nominated by the Judicial Bar Council and endorsed by one of those in the short list. He withdrew in her favor and she has been in government service for over 35 years. She is a sharp shooter, an amateur painter, loves to sing and dance.

She treasures her clean public service record, her rise from the ranks, her family, her staff and friends like ex-justice Harriet Demetrio,  and other justices who have voiced their wholehearted support for her.

I could only console her by reminding her that Easter Sunday surely comes after Good Friday!