New leader, new hope: The public is watching and waiting on how newly appointed Ombudsman Conchita Carpio-Morales would bring back the people's faith in the Constitutional body. Courtesy of the Supreme Court

During his second State of the Nation Address, President Benigno Aquino III announced that retired Supreme Court Justice Conchita Carpio-Morales was to be the new Ombudsman of the Philippines.

The President placed high expectations on her new leadership after former Ombudsman Merceditas Gutierrez failed to tackle several high-profile cases. "Inaasahan ko nga po na sa taong ito masasampahan na ng kaso ang lahat ng nagkuntsabahan sa katiwalian at naging sanhi ng sitwasyong ating inabutan (I expect this year that cases would be filed against those who conspired to commit corruption and which caused the situation left to us),” President Aquino said in his speech.

The President added that under the new leadership, erring public officials would be prosecuted. "Kapag tayo ang nagsampa, matibay ang ebidensya, malinaw ang testimonya at siguradong walang lusot ang salarin (If we file cases, evidence is strong, testimonies are clear and culprits surely have no way out).”

Yet civil society requires more than just the President's vote of confidence to trust the new Ombudsman.

Deliberation process

Under the law, the nine-member Judicial and Bar Council (JBC) screens candidates for the position of Ombudsman. Personality, character, integrity and track record of candidates are all taken into consideration by the JBC.

Questions and issues against certain candidates are also discussed. "Members normally raise these issues during public interviews for the vacancy to give aspirants opportunity to raise his or her side," Supreme Court spokesperson Midas Marquez explained.

The President then makes the final choice.

The deliberation process, however transparent, raises some doubts.

Eirene Aguila, vice chairperson of Kaya Natin! Movement for Good Governance and Ethical Leadership said their group was invited to take part in a forum to “grill” the candidates for the position. Yet the invitation however turned out to be “moot and academic” as President Aquino already had a shortlist prior to consultation.

“We were hoping there would be newer names like Atty. Marlon Manuel, Atty. Jun Francisco, Atty. Chel Diokno. Ito yung mga ‘di talaga madidiktahan ng kahit na sino kasi ang background nila, activist lawyers (These are people who cannot be dictated by anyone because of their background as activist lawyers) They filed cases against government," says Aguila.

Integrity and independence

Integrity and independence of the Ombudsman from the appointing authority were the main criteria which civil society groups set.

"Years of experience and having held a Supreme Court position were immaterial. For us the challenge is proving her independence from the appointing authority," says Aguila.

She pointed out Ombudsman Carpio-Morales' association with “The Firm” or the erstwhile Carpio Villaraza and Cruz, a law firm that represented the current and former Presidents of the Republic.

Former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo and then First Gentleman Mike Arroyo were some of The Firm's most prominent clients before their falling out.

"There is that burden on her to disprove the fears of some people that she cannot be independent," says Aguila.

Prior to Ombudsman Carpio-Morales' appointment, Arroyo cast doubt on her independence before the JBC. She questioned her ability to remain impartial in handling cases involving her and her immediate family.

In a letter addressed to the JBC, Arroyo expressed her concerns about the possible appointment of Carpio-Morales.

"Taking into account all relevant circumstances, including promises of President Aquino, the creation of the Truth Commission under Executive Order No. 1 and the effort to remove Ombudsman Gutierrez, which was only aborted because of her resignation, I would be a principal target of complaints which would be filed before the Ombudsman," the letter said.

Carpio-Morales dissented on Arroyo's midnight appointment of Chief Justice Renato Corona. She also authored the court ruling which dismissed the petition of then Ombudsman Gutierrez to stop the Congress from proceeding with the impeachment complaint against her.

Transparency and Accountability Network (TAN) executive director Vincent Lazatin on the other hand is giving Ombudsman Carpio-Morales the benefit of the doubt. "The new Ombudsman arrives at her post with a fairly good reputation for independence. We will have to wait and see if she can indeed maintain this reputation," he told the Philippine Public Transparency Reporting Project (PPTRP).

Lazatin added, "How Ombudsman Carpio-Morales handles cases that could be viewed as unfavorable to the current administration will be the real test of her independence."

Great expectations

With too many unresolved cases on the Ombudsman's table right now, priority is key.

High profile cases should be prioritized to be able to rebuild public trust and confidence in the office. Unresolved cases in the last decade involving influential personalities should be at the top of the list. "She must ensure that even the rich and powerful are not above the law. She will be judged by her output," Lazatin said.

Priority should also be given to cases involving the irresponsible use of people's money.

Mon Casiple, executive director of the Institute for Political and Electoral Reform (IPER), says that the anomalous Commission on Elections (COMELEC)-Mega Pacific Consortium deal which dates back to 2003 should be revisited. The case involves COMELEC officials who allegedly entered an anomalous PhP 1.3 billion (USD 30.9 million) contract with the Mega Pacific consortium for the poll automation of 2004 presidential election.

Recent issued must also be addressed such as irregularities in the Philippine Charity Sweepstakes Office (PCSO) which include anomalous contracts, overpriced machines and diversion of funds.

Kaya Natin’s Aguila says cases past the prescription period such as cases against the Marcoses are impossible to win and must be disposed. "These cases have existed for a long time, the defendants are dead and evidences have disappeared. She should focus now on the present."

The backlog, says Casiple should be addressed by hiring more lawyers. "They must secure a big budget for that therefore it should be a priority of the government."

Lawyers at the Office of the Ombudsman whose reputation has been tainted because of their association with former Ombudsman Gutierrez must be replaced by young blood. "These are promising lawyers from the University of the Philippines and Ateneo and other law schools who turned down high-paying job and sacrificed for the country," says Casiple.

Seasoned lawyers should also join the pool. "Get people she trusts and let them handle sensitive cases. But to do that she should first make it enticing to work there," Casiple adds.

But first the Ombudsman should do her "housekeeping" and clean the ranks of lawyers who may have been tainted by past administrations.

"Government can't just replace people. There is security of tenure. It's hard to remove these people but I think there are ways to get around that," say Aguila.

Transformed leadership

The true test however of a transformed leadership lies not only in filing of cases but in the quality of handling these cases. "We want results. We would like to see big fish behind bars," says Casiple.

Casiple used to work closely with the Office of the Ombudsman under Gutierrez but he began to question her authority when she junked earlier reforms and measures set by her predecessor, former Ombudsman Simeon Marcelo.

For instance, Gutierrez disregarded the task force created by Marcelo through the Fact-Finding and Intelligence Research Office to handle the anomalous Mega Pacific deal. Instead Gutierrez created her own task force and the composition of the group was also replaced.

"Disappointed would be a mild word. I was angry because we worked hard for those reforms but Ombudsman Marcelo resigned prematurely, she replaced him and there were no follow through in terms of reforms. Our efforts have gone to waste," says Casiple.

With barely less than a month since Carpio-Morales’ appointment, Casiple says it is alright not to see drastic changes as of yet. However the first 100 days since her appointment should speak about the direction the Office of the Ombudsman in headed.

Civil society groups will be keeping tabs on the work progress of Ombudsman Carpio-Morales.

"One hundred days should be enough indication if she is really serious about reforms. We will start by looking at her appointments or the people she will recommend. We will also monitor if she would run after cases vigorously. It doesn't matter whose administration it is," says Casiple.

Transparency laws

Aside from a trustworthy Ombudsman, civil society groups see the need for new laws to help the office do its job.

The Office of the Ombudsman keeps records of the Statement of Assets and Liabilities and Net Worth (SALN) of high ranking officials in the government including that of the President, Vice President, as well as chairpersons and commissioners of agencies, local government units and government-owned and -controlled corporations.

The passage of practical laws which would provide greater and speedier access to such information is necessary for checks and balances in the Office of the Ombudsman.

"The very reason SALNs are required is to ensure that they don't use public office to enrich themselves. The only way the citizens can monitor this is through the SALNs," Lazatin explained.

Several CSOs including members of the Right to Know, Right Now! coalition are pushing for the immediate passage of the Freedom of Information (FOI) Bill to allow greater access to public records such as SALNs. "This bill will prescribe uniform procedures by which the government will release information to the public, penalize the unlawful withholding of information and clearly and narrowly define the exemptions to this right among other things," Lazatin says.

Many groups are also supporting the issuance of access to information policies at the department or agencies level.

However, during the second Legislative-Executive Development Advisory Council (LEDAC), the FOI Bill was not discussed as one of the priority bills of the Aquino Administration.

President Aquino pointed out that there are laws to ensure transparency in the government. The President cited the Government Procurement Reform Act as an example, which covers all areas involved in the procurement process to ensure all transactions are transparent.

The President said debates are still ongoing on how to balance national interest at the same time protect the rights of other people.

Even in the absence of an FOI law, the President said his administration remains true to its commitment to transparency. "In our practice I don't think any of you can say that we have withheld any information on practically any matter. Even if it's not in the law, we have been practicing it," the President said.

But Lazatin insists that the country needs a clear-cut law to provide access to public information. "Despite the constitutional guarantee on public access to information, government offices have been uneven in their interpretation of what is public. They have taken the role of what is public and what is not," he said.

He attributed President Aquino's win on his anti-corruption platform. "FOI Bill is clearly a good governance and anti-corruption legislation and he has the political capital to spend to ensure its passage," Lazatin said.

During the oath taking ceremony at Malacanang, Ombudsman Carpio-Morales swore to faithfully serve the Filipinos - a promise waiting to be fulfilled.

Her oath reads, "Ako ay taimtim na nanunumpa na tutuparin ko ng buong husay at katapatan sa abot ng aking kakayanan ang mga tungkulin ng aking kasalukuyang katungkulan at aking itataguyod at ipagtatanggol ang saligang batas ng Pilipinas at tunay na mananalig at tatalima ako dito (I promise to fulfill my duties with zeal and honesty to the best of my abilities and I would uphold and defend the Constitution of the Philippines and will believe on this).”

Lazatin said, "A trustworthy Ombudsman should begin with a reputation of independence and competence." Her track record speaks of such. But will it last? Philippine Public Transparency Reporting Project

(The author is a senior reporter at GMA Network Inc., covering business stories.)