EheM! AhA! goesto Pili, Cam. Sur

By Ma. Rovil L. Caingat

By Joan Paullette D. Nuñez

Ombudsman finds Nani liable

NANI P/7

MOU Signed for the Integrity Development Review’s 2nd Cycle

THE INTEGRITY DEVELOPMENT REVIEW(IDR) Project is the Office of theOmbudsman's response to its legal mandateon corruption prevention. The Project is fi-nanced by the European Commission (EC)and is represented by the Delegation of theEuropean Commission to the Philippines.

After the successful run of the 1st cycleof the Integrity Development Review atthe Bureau of Internal Revenue, Bureau ofCustoms, Department of Public Works andHighways, Land Transportation Office andthe Philippine National Police last year, aMemorandum of Understanding (MOU) forthe IDR's 2nd cycle was signed by and amongthe Office of the Ombudsman, Department ofBudget and Management, Civil Service Com-mission, Commission on Audit, DevelopmentAcademy of the Philippines and eleven (11)participating agencies, namely: ArmedForces of the Philippines (AFP), Bureau ofCorrections (BuCor), Bureau of Fire Protec-tion (BFP), Department of Agrarian Reform(DAR), Department of Budget and Manage-ment - Procurement Service (DBM-PS), De-partment of Environment and Natural

By Blesilda Pilar Z. Servando

IDR P/5

Sing Dangal takes center stage at SM Mall of Asia

Resources (DENR), Department of Health(DOH), Department of National Defense(DND) - Philippine Veterans Affairs Office(PVAO), Land Registration Authority (LRA),Light Rail Transit Authority (LRTA), and Na-tional Irrigation Authority (NIA).

Present during the signing ceremoniesat the Virata Hall of the Development Acad-

emy of the Philippines last December 19, 2006were Overall Deputy Ombudsman Orlando C.Casimiro for the Office of the Ombudsman,DOH Secretary Francisco T. Duque III, Di-rector General Oscar C. Calderon and P/Di-rector Wilfredo V. Garcia of PNP, ColonelRodrigo Rosqueta for the AFP, DND

website: http//:www.ombudsman.gov.phVol. 1 No. 7December-January 2007 / ISSN 1909-112X 8 pages

Meet with theMeet with theMeet with theMeet with theMeet with theOMBUDSMANOMBUDSMANOMBUDSMANOMBUDSMANOMBUDSMAN

every third Fridayof the month

from 9:00 a.m.to 12:00 n.n.

PUBLIC ASSISTANCE HOTLINES:

920-3783920-3783920-3783920-3783920-3783

927-4102/927-2404927-4102/927-2404927-4102/927-2404927-4102/927-2404927-4102/927-2404LIFESTYLE CHECK HOTLINES:

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over MJ�s $2M extortion rapsCHARGES OF GRAFT, EXTOR-tion and falsification of documentswill be filed by the Office of the Om-budsman against former JusticeSecretary Hernando Perez, his wifeRosario and two others based onthe $2 Million extortion charges offormer Manila Rep. Mark Jimenez.

Ombudsman Ma. MerceditasN. Gutierrez approved during thefirst week of the month the indict-ment of Perez, his spouse RosarioSalvador, his brother-in-law RamonArceo and his business associateErnest Escaler, before theSandiganbayan.

Perez was Gutierrez ‘s boss atthe Department of Justice when theformer was still the Secretary.Gutierrez served as one of Perez’ sUndersecretaries before she be-came Acting Justice Secretary,Chief Presidential Legal Counseland later as Ombudsman in Dec.2005.

Probers said bank documentssealed the illegal acts of Perez,whom Jimenez accused of demand-ing money in exchange for his ex-clusion in the plunder case of hisestranged ally detained PresidentJoseph Estrada, under whose termhe served as Presidential Adviseron Latin American Affairs.

The denial of Perez cannotovercome the positive assertion ofJimenez, moreso that the chargeswere substantiated with convinc-

By Laurrie Lane P. Cristobal

AN ANTI-CORRUPTION MUSI-cal play production entitled SingDangal (A Musical ): The 3rd OMBIntegrity TV Show, was held live atthe SM Mall of Asia Center Stagelast December 9, 2006 with delayedtelecast on December 12, 10:30 p.m.at Studio 23. Incidentally, the saidevent coincided with the celebra-

tion of the United Nations Interna-tional Anti-Corruption Day.

Sing Dangal, which TonyKwok describes as “the wold’s firstanti-corruption musical” during apress conference held on Decem-ber 6, 2006, is an activity underComponent 2 of the European Com-mission-Office of the Ombudsman

Corruption Prevention Project. This3rd Integrity TV Show is producedby Explorer Production, Inc. andwas under the direction of re-nowned director Elson S. Montalbo.

The cast is composed of ac-claimed theater actors/actressesand popular young stars and art-

TV SHOW P/4

NACPA SecretariatPrimed to Implement

Projects

AS PART OF ITS TECHNICAL ASSISTANCEproject to the Office of the Ombudsman, theDevelopment Academy of the Philippines(DAP), with funding support from the AsiaFoundation, has successfully conducted aseries of trainings specifically designed toaddress the needs of the National Anti-Cor-ruption Program of Action (NACPA) Secre-tariat.

Acting Assistant Ombudsman EvelynBaliton, NACPA Chairperson, said that thetrainings are part of the capacity-buildingthrust of the NACPA to equip its Secretariatwho will spearhead the synchronization ofanti-corruption efforts in the country.

Most recent was the seminar on InternalControl held last 13 December 2006 at DAP,Pasig City. Aimed as a refresher course forthe NACPA Secretariat, the one-day seminarwas also attended by organic staff of theBureau of Resident Ombudsman. The Re-

NACPA P/7

By Czarina May C. AltezDAP Project Staff for NACPA

THE OFFICE of the Ombudsman(OMB) has initiated various anti-corruption reform activities toprevent corruption. One of these isthe enhancement of integrityeducation in school curriculumthrough the development of Graftand Corruption PreventionEducation (GCPE) TeachingExemplars.

The European Commission(EC) under the EC-OMB CorruptionPrevention Project of the ProgrammeImproving Governance to ReducePoverty in the Philippines, fundedthe printing of more than 200,000copies of GCPE TeachingExemplars worth i200,000.00 orapproximately PhP12,000,000.00.The distribution of teachingexemplars to public schools, 38,149for the elementary and 6,263 forthe secondary nationwide, will befunded by the MillenniumChallenge Corporation (MCC) andthe United States Agency forInternational Development(USAID) under the MillenniumChallenge Account (MCA)Threshold Program pursuant to theStrategic Objective GrantAgreement between the UnitedStates of America and the Republicof the Philippines with the objectiveof strengthening and enforcing anti-corruption measures.

The launching of GCPETeaching Exemplars is scheduled onMarch 2, 2007 to be held at P.

EC andMCC-USAID

support Anti-CorruptionModules for

Public schoolsBy Angel DL. Cusi

EU / USAID P/5

Deputy Head for Operations of EC Delegation Roger De Backer, DAP Presi-dent Antonio Kalaw, Jr. and Acting Assistant Ombudsman Evelyn A. Balitonwere among the signatories of the Memorandum of Understanding (MOU) forthe 2nd cycle of the IDR Project.

SELECTED officers and employees of the Regional FieldUnit No. 5 of the Departmentof Agriculture (DA-RFU5) ,San Agustin, Pili , CamarinesSur got a taste of the Ehem! Aha!Cultural Sensitivity Seminar

PILI P/6

Ombudsman Ma. Merceditas N. Gutierrez (center) together with the Panelof Investigators (from right) Director Mary Susan S. Guillermo, Asst. Om-budsman Pelagio S. Apostol, Asst. Ombudsman Mark E. Jalandoni andDirector Jose Tereso V. De Jesus, Jr. during a press conference on theextortion charges against Perez.

December-January 20072 An Official Publication of the Office of the Ombudsman with Funding Support from the European Commission

PUBLIC ASSISTANCE

Ombudsman Helped Math Whiz

The family of Ramon Marfil of Kingsville Subdivision, AntipoloCity was happy and proud to know that their young Ramon whowas then an incoming senior at the Philippine Science High Schoolin Quezon City was selected as a member of the delegation to theAmerican Regions Mathematics League (ARML) contest to beheld at the University of Nevada on the first week of June 2006.The sixteen (16) years old kid was chosen from among the thou-sands of trainees nationwide after passing all the stages of theMathematics Trainer’s Guild Training Program. The team to com-pete in the contest was set to leave on May 25, 2006.

Much as the family wanted the young Ramon to join the del-egation to compete in the contest, they can not afford to pay histravel expenses amounting to One Hundred Twenty Seven Thou-sand and Nine Hundred Twenty Pesos (P127,920.00). In orderfor him not to miss the rare opportunity, the elder Ramon hasdecided to write to the Philippine Charity Sweepstakes Office(PCSO) requesting said office to shoulder his son’s travel ex-penses. For his request to be given immediate attention and ac-tion, he sought the assistance of the Public Assistance Bureau (PAB)of the Office of the Ombudsman to indorse his letter to the PCSO.

Believing that his son’s participation in the ARML contest couldbring honor not only to his family but to the country as well, PABfavorably indorsed Ramon’s letter to Mr. Conrado Zabella,PCSO’s Acting General Manager for On-Line Operations. Act-ing on said request, PCSO informed PAB that their office grantedRamon’s son a partial sponsorship, thus paving the way for histrip to join the competition.

On June 10, 2006, PAB received a letter from Ramon that hisson was awarded a medal for being the team high scorer in theindividual category of the ARML contest. Also, Team A, to whichhis son was a member, placed 6th in the LA-Nevada site andranked as the 15th country in the overall out of the total Eighty-Nine (89) teams/countries participating the competition.

In behalf of his family, Ramon expressed his appreciation toPAB for the assistance given leading to PCSO’s grant of partialsponsorship of his son’s travel expenses to compete in the inter-national math competition in Nevada,USA. PAB on the other handgave credit to PCSO for immediately granting the request.

By Lirio E. de Leon-Dizon

Ombudsman Clearance FalsifiedBy Lourdes P. Salazar

An Ombudsman Clearance is requested by a governmentemployee or official seeking appointment, promotion and retire-ment from the service. The clearance determines if a governmentemployee/official has pending or no pending administrative and/or criminal case before the Office of the Ombudsman. It is one ofthe factors being considered by the appointing authority in choos-ing the employee/official best fitted to the position subject of ap-pointment or promotion. It also guide a government office whetheror not to release the retirement benefits of an employee/officialretiring from the service.

Because of the importance of Ombudsman Clearance, offi-cials/employees with pending cases with the Ombudsman whoneeds an Ombudsman Clearance badly would falsify the same.

In the year 2000, a lady Engineer of the Department of Pub-lic Works and Highways who had pending cases with the Officeof the Ombudsman falsified an Ombudsman Clearance and sub-mitted the same to her office in connection with her application forpromotion. The Office of the Ombudsman found out that she sub-stituted her name in an Ombudsman clearance with no pendingcase issued to another employee of DPWH who was later veri-fied to be a fictitious person. She is now facing trial before theMetropolitan Trial Court of Manila for Falsification of Document.

The other year, another top official of the Development Bankof the Philippines falsified an Ombudsman Clearance which wassubmitted to his office for the release of his retirement benefits.Aside from his pending administrative case, another case for falsi-fying an Ombudsman Clearance was added.

A falsified Ombudsman Clearance can be detected becauseof the usage of special paper and the assignment of control num-ber in every clearance issued.

RAS CORNER

The Youngest Deputy OmbudsmanThe Youngest Deputy OmbudsmanThe Youngest Deputy OmbudsmanThe Youngest Deputy OmbudsmanThe Youngest Deputy OmbudsmanBy Nida Aveno-Gruta

IT WAS JUST ONE OF THOSEordinary days in the life of mostprosecutors at the Office of the Spe-cial Prosecutor. But to ActingDeputy Special ProsecutorHumphrey Monteroso, the dateNovember 6, 2006 is very significantas it is the beginning of the rest ofhis life as the new and the youngestDeputy Ombudsman. On that date,at about ten in the morning,Humphrey (at 42 years of age) tookhis oath as the fourth Deputy Om-budsman for Mindanao before theLady Presiding Justice of theSandiganbayan, Honorable TeresitaLeonardo-De Castro.

YOUNGEST DO P/7

Deputy Ombudsman Humphrey Monteroso takes his oath asthe new Deputy Ombudsman for Mindanao beforeSandiganbayan Presiding Justice Teresita Leonardo-De Castroon November 6, 2006.

FOLLOWING PRES. GLORIA MACAPAGAL-Arroyo’s pronouncements to keep corruption out offoreign-funded projects, the Office of the Ombudsmanis investigating the alleged anomaly involving theaward of a World Bank (WB)-assisted road project.

Ombudsman Ma. Merceditas N. Gutierrez saidreports reaching her office detailed the allegedanomalous bidding for the construction of the Surigao-Davao Coastal Road Project under the Department ofPublic Works and Highways’ (DPWH) National RoadImprovement and Management Project.

The project, which costs P1.17B, covers theimprovement of the 73.31 km Marihatag-Barobo andTagbina-Hinatuan-Bislig Section of the Surigao-DavaoCoastal Road which is within Surigao Del Sur highway.

Residents of Surigao del Sur have been awaitingthe implementation of the project for decades. Theproject is expected to decrease travel time and increasebusiness activity in the province.

The project is being funded by the InternationalBank for Reconstruction and Development (IBRD)

The Office of the Ombudsman orders probe onWB-Assisted Road Project

By Anna Maria S. Sanchez

Two DOF officials dismissedBy Anna Maria S. Sanchez

THE OFFICE OF THEOmbudsman has dismissed fromthe service a ranking official of theBureau of Customs (BOC) forunexplained wealth and an officialof the Bangko Sentral ng Pilipinas(BSP) in Bacolod City for incurringa shortage of more than P5 millionpesos in his accounts.

Ordered dismissed wereMatilde Millare, Chief CustomsOperations Officer assigned at theNinoy Aquino International Airport(NAIA) and Lindo A. Butiong,Manager I of the BSP branch inBacolod City.

In separate decisions, theOffice of the Ombudsman foundsubstantial evidence of GraveMisconduct and Dishonestyagainst Millare for which reason hewas dismissed from the service,with the accessory penalties ofcancellation of eligibility, forfeitureof retirement benefits and perpetualdisqualification to hold publicoffice.

The Office of the Ombudsmanalso found substantial evidence tohold her sister, Ana MarieConcepcion-Maglasang, formerCustoms Operations Officer V forthe same offenses. SinceMaglasang had already resignedfrom the BOC, she was sanctionedwith cancellation of eligibility,forfeiture of retirement benefits, andperpetual disqualification from re-employment in the government DOF P/6

service. The case stemmed from thecomplaint filed by the Departmentof Finance-Revenue IntegrityProtection Service (DOF-RIPS).

At the same time, the Office ofthe Ombudsman filed criminalcharges against them before theManila Metropolitan Trial Court.

The Office of the Ombudsmanfiled charges of eight counts ofviolation of RA 6713 (Code ofConduct and Ethical Standards forGovernment Officials andEmployees); and five counts ofPerjury under Art 183 of the RevisedPenal Code (RPC) against Millare.It also filed a Petition for Forfeitureof Unlawfully Acquired Propertiesagainst her and her spouse Joel incourt.

Millare started working at theBOC in Sept. 1989 with an annualsalary of P6,240. Her current annualgross salary is P249,876 or P20,823monthly.

However, despite the saidincome, she acquired the followingproperties from 1978 to 2004: ahouse and lot in Cubao, Q.C.; vastlandholdings in Zambales andSorsogon; and a posh residence inValle Verde.

She also acquired severalvehicles including a Honda Civic, aNissan Exalta, a Honda CRV andother vehicles, like trucks and vansused for business purposes; aspeedboat; a 2002 ModelMitsubishi Pajero and a 2004 Model

Toyota RAV 4. It was found thatthe Mitsubishi Pajero and RAV 4were both registered in Millare’sname but were not reflected in herStatement of Assets, Liabilities andNetworth (SALN).

In its complaint, the DOF-RIPSalso stated that Millare failed to fileher SALN for the years 1995, 1996,1999 and 2000. She also did notdeclare in her SALN her husband’sfinancial connection and businessinterest despite his allegedsubstantial capital contribution asa partner in the HWC HyrdronicsCompany, and her relationship withMagsalang.

It was also discovered thatMillare traveled six times abroad, ofwhich only three were authorized bythe DOF.

The Office of the Ombudsmanalso filed charges of five counts ofPerjury under Art. 183 of the RPC,and five counts of Violation of RA3019 ( Anti-graft and CorruptPractices Act ) against Millare’ssister, Maglasang. The Office is alsopreparing a Petition for Forfeiture ofUnlawfully Acquired Propertiesagainst her and her husbandGuillermo.

Maglasang started heremployment at the BOC in June 1989as Customs Examiner with an annualsalary of P35,508 until she wasappointed to her present positionwith a monthly salary of P18,244.

and the WB. The WB grants loans to developingcountries to finance their specific programs, includingpoverty reduction efforts, delivery of social services,protection of the environment and promotion ofeconomic growth that will improve living standards.

It was reported that the local and foreign companieswhich participated in the bidding for a portion of theSurigao-Davao Coastal Road Project manipulated theprocess to ensure that the contract will be awardedamong the contractors.

This comes in the heels of an Asian DevelopmentBank (ADB) Report which stated that “Many opinionleaders think that corruption eats into foreign assistancefunds and produces substantial waste.”

Ombudsman Gutierrez said this kind of practiceresults in wastage of foreign assistance funds, whichwere granted to benefit the people.

She vowed to “investigate the report and ifevidence warrants, to prosecute those behind theanomaly.”

An Official Publication of the Office of the Ombudsman with Funding Support from the European Commission 3December-January 2007

High Profile CaseWhat Will

By Nida Aveno-Gruta

You Say?

IT IS TIME. One has retired fromgovernment service. He now feelsall sorts of pains although not atthe same time. He is not at peacenor is he happy despite millions ofpesos worth of properties in his andhis family’s name. Then it is over.He makes the transition or experi-ences the so-called “death of thebody.”

So what if he is you? When allhas been said and done and youreport at the conclusion of yourearthlife to a representative of theDivine Hierarchy at the gate ofheaven, what will you say? Whatwill you say as you look back andsee what might have been? Whatyou might have done?

Will you say, “I’m sorry, giveme another chance.” To that a thun-dering voice responds: “It is toolate! Many souls have been lost!Many opportunities wasted! It istoo late!”

There is a time and a tide. Thereis a space for opportunity for eachone of us. When given a chance toserve in government or in commu-nities, it is a rare opportunity forservice. Give it your best shot! Itis a supreme moment of service re-served for you and yours alone togive. It matters not what form ofservice you render to your fellow-

The Office of the Ombudsman Files Extortion, Estafa Charge Against Labor and University OfficialsBy Doren May S. Flora

THE OFFICE OF THE OMBUD-sman has charged before theSandiganbayan four labor officialsand a former Batangas UniversityPresident for separate charges ofextortion and estafa.

Charged for alleged extortion ofP200,000 from a Filipino-Canadiancitizen were CommissionerVictoriano Calaycay of the NationalLabor Relations Commission(NLRC) Second Division, Attys.Augustus Hidalgo and ZomerOchavillo of the PhilippineOverseas EmploymentAdministration (POEA), and oneDennis Gabionza.

In the Information signed byOmbudsman Ma. Merceditas N.Gutierrez, it was alleged that the fourrespondents demanded andreceived P200,000 from JocelynEnriquez, for the processing of herlicense to operate a recruitmentagency in the Philippines.

Records state that the four haddemanded P400,000 from Enriquez.They also asked the complainant togive the down payment in theamount of P200,000 on Dec. 1, 2006.Enriquez then sought the help ofthe Nat ional Bureau ofInvestigation (NBI) whichimmediately conducted an

The Office of the Ombudsman downplays survey placing RP as 2nd most corrupt in AsiaBy Anna Maria S. Sanchez

THE OFFICE OF THEOmbudsman downplayed theresults of a survey which placed thePhilippines as second in corruptionin the Asia-Pacific region.

In a statement, AssistantOmbudsman Mark E. Jalandoni saidthat the TransparencyInternational’s Global CorruptionBarometer 2006 is only based onperception. He added that the SURVEY P/7

men. Give of your heart to inspire,to heal, to serve the ends of justice,to educate, to build structures, todevelop talents, to promote peace,understanding and order, to makeour world a cleaner, healthier placeto live in.

As long as you give of yourheart, you are moving up in vibra-tion, making you exist world apartfrom the claws of evil. On the otherhand, if you serve only your ownselfish purposes and disheartenotherwise hopeful souls, what doesit profit to gain all the riches in theworld while you lose your soul inthe process?

While on this topic of thedownside of gaining material riches,let’s focus on the lifestyle of onegovernment functionary whosework involved building infrastruc-tures. He and his cohorts are pres-ently facing a forfeiture case filedbefore the HonorableSandiganbayan. The Office of theOmbudsman filed a petition for for-feiture of his unlawfully acquiredproperties worth P51,003,071.60which are in excess of his lawful andlegitimate income. How he amassedsuch wealth in a span of eight yearsis mind-blowing to an ordinary work-ing man who relies solely on hisdaily, weekly, or monthly income.

What kind of properties, youmay ask, were illegally acquired?How does the Office of the Om-budsman determine the amount ofallegedly ill-gotten wealth for pur-poses of initiating a forfeiture case?

Republic Act No. 1379 pro-vides the answers to these ques-tions. It is a law declaring forfei-ture in favor of the state any prop-erty found to have been unlawfullyacquired by any public officer oremployee and providing for the pro-ceedings for such purpose.

Any amount of property ac-quired during the incumbency of apublic officer that is manifestly outof proportion to his salary as pub-lic officer and to his other lawfulincome and income from legiti-mately-acquired property is consid-ered unlawfully acquired under thelaw. Other legitimately-acquiredproperties may include inheritedproperty and income derived fromit, gifts received before public em-ployment, property acquired and

income already earned before pub-lic employment, and fruits and in-come of exclusive property of thepublic officer’s spouse.

The Office of the Ombudsmanclosely studied the submitted State-ment of Assets and Liabilities andNetworth of the public officer andobtained documents as proof ofexisting properties in his name. Inthe petition are included as respon-dents, the public officer (RegionalDirector), his wife, his daughter, andhis two sisters. The real propertiesacquired between the period 1994-2001 in his name and in the name ofhis correspondents are listed belowwith their respective year of acqui-sition and value time.

(1) Residential Home and Lot(256 square meters) in the name ofthe spouse P1,280,000.00 (1994); (2)Commercial Four-Storey Buildingand two adjacent lots in the nameof the spouse P2,000,000.00 (1994);(3) Residential House and Lot (748square meters) in Ayala, Alabang inthe name of the spouseP24,800,000.00 (1999); (4) Residen-tial House and Lot in Los Angeles,California (4,134 square feet) in thename of the spouse and daughterP12,540,300.00 (2000); (5) Residen-tial Lot (200) square meters) in thename of the spouse P146,000,00

(1988), a total of P40,766,3000.00.The service record of the re-

spondent public officer shows thathe entered government service in1986 and retired in 2003. HisNETWORTH in 1986 wasP455,000.00 which increased toP13,208,590.50 in 2001, although histotal salary for the same periodamounted only to P2,516,818.90.The difference between this de-clared NETWORTH for year 2001and his total salary received for theperiod 1986 to 2001 amounts toP10,236,771.60. This amount, ac-cording to the Petition, constitutesill-gotten wealth. Added to acqui-sition value of real properties, theunlawfully acquired properties ofthe public officer reached a total ofP51,003,071.00 or more. Why more?

From 1997 to 2002, the publicrespondent traveled abroad eight(8) times. But a more frequent trav-eler, his wife went abroad repeat-edly from 1993 to 2003, twenty-eight(28) times. The expenses incurredduring these travels could run toseveral millions of pesos. How didthe Regional Director finance his orhis wife’s travel? While he waspurportedly serving the govern-ment from 1986 to 2003, who washe actually serving?

If you were asked the samequestions, what will you say?

entrapment operation against therespondents.

When the NBI operatives sawthe respondents accepting theP200,000 marked money from thecomplainant, they immediatelyapprehended the respondents andsubmitted the case to theDepartment of Justice (DOJ) forinquest proceedings.

The case then was forwardedto the Office of the Ombudsman forfiling before the Sandiganbayan, therespondents being high-rankinggovernment officials.

A P30,000 bail bond wasrecommended for each of theaccused.

In a separate case, theOmbudsman also filed criminalcharges against Ernesto de Chavez,former President of the BatangasState University (BSU) and twoothers for alleged illegal collectionof fees from graduating students in2001.

De Chavez and RolandoLontoc Sr., former BSU Vice-President for Academic Affairs, werecharged with three counts ofviolation of RA 3019 (Anti-Graft andCorrupt Practices Act) and Estafaunder Art. 315 of the Revised PenalCode (RPC).

The University’s former Deanof the College of Liberal Arts GloriaMendoza, on the other hand, wascharged with one count of graft andone count of estafa.

Based on the informations forgraft and estafa filed againstChavez, Lontoc and Mendoza, thethree allegedly caused the collectionof graduation fees from the BSUgraduating students , by making itappear that the same wascompulsory and official when in factit was not, for no official receipt wascorrespondingly issues, the amountof which totaling to P90,710.

It was alleged that the saidamount was converted to therespondents’ personal use as it wasnot deposited in any governmentbank for the account of BSU.

De Chavez and Lontoc werealso charged with graft for allegedlydirecting the graduating BSUstudents to rent caps and gownssolely from their own cap-and-gownrental business, thereby receivingunwarranted benefits in the sum ofat least P20,090.

The two officials were alsoslapped with a separate graft andestafa cases for the alleged illegalcollection of internet fees withoutissuing an official receipt.

The Office of the Ombudsmanrecommended a P30,000 bail bondfor the provisional liberty of each ofthe accused for each of the saidoffenses, except in the estafa caseinvolving the three of them, forwhich the Office recommended fora P28,000 bail bond for each of them.Meanwhile, the Ombudsman alsofiled criminal charges against ManilaVice Mayor Danilo Lacuna beforethe Manila Metropolitan Trial Courtfor allegedly slandering a tabloidcolumnist.

The case stemmed from thecomplaint filed by Joey Venancio, acolumnist for the tabloid “Saksi”before the Office. In his complaint,Venancio alleged that on July 9,2004, while he was drinking coffeewith his friends, the Vice-Mayorsuddenly approached him andpointing a finger at his face,repeatedly shouted expletives at himand challenged him to a fight.

In his Consolidated Counter-Affidavit, Lacuna denied theallegations against him and arguedthat while he did make the saidutterances, those words were“common vernacular expressionsemployed to express anger ordispleasure and not to slander”.

He also stated that it was thejournalist who maligned him beforethru a series of articles he wroteduring and after the 2004 elections.

In a 7-page Resolution, theOffice of the Ombudsman statedthat the evidence presented bycomplainant sufficiently establishesthat herein respondent had indeeduttered the defamatory remarksagainst complainant.

The Office disagreed withLacuna’s contention that the wordsuttered are common vernacularexpressions which were employedto express anger or displeasure andnot to Slander.

It said, “Needless to stress, anewspaper columnist places muchvalue upon his reputation forjournalistic integrity and when suchwords are uttered against him, theintent is clearly not just to expressanger or displeasure but to slanderand tarnish his reputation.”

Because of this, the Office ofthe Ombudsman charged Lacunawith Grave Oral Defamation, underArt 358 of the Revised Penal Code(RPC).

The Office recommended aP6,000 bail bond for his provisionalliberty.

effectiveness of the Philippines’anti-corruption efforts should bemeasured by the country’s overallperformance in the fight againstcorruption.

Records reveal that fromJanuary to date, the Office of theOmbudsman has dismissed from theservice a total of 78 erringgovernment officials, placed underpreventive suspension a total of

17 government officials and filedcases against a total of 16 mayorsand 2 governors before theSandiganbayan.

It may be noted that the saidsurvey shows that only 16 percentof respondents who hadtransactions in the Philippinesadmitted to paying bribes last year,while 84 percent said they did not.

This reinforces the results of

2006 Social Weather Station (SWS)Survey of Enterprises onCorruption showing a significantdecline of bribery in public sectorcontracts – from 57% in 2003 to 46%this year in the National CapitalRegion (NCR); from 62% in 2004 to47% this year in Metro Cebu; from65% in 2005 to 38% this year inCagayan de Oro and from 57% in2005 to 49% now in Davao.

The SWS survey results alsoshow a dramatic decline in publicsector bribery in the followingtransactions: from 52% in 2000 to29% this year in payment of incometaxes; from 55% in 2000 to 33% thisyear in securing local governmentlicenses and permits; and from 42%in 2000 to 29% this year in securingnational government permits andlicenses.

4 December-January 2007An Official Publication of the Office of the Ombudsman with Funding Support from the European Commission

ists. Among them are Monique Wil-son, Leo Martinez, Beverly Salvejo,Isay Alvarez, Jolina Magdangal,Jeffrey Hidalgo, Marco Alcaraz, 9thAvenue, John Prats, and Ms. TessieTomas. Exceptional performanceswere also rendered by child starsJoshua Cadelina and Robert Villar,Jr. The New Era UniversityMasscomm Students, LikhangGalaw Dulaang Asilaw and the Om-budsman Chorale complementedthese outstanding performer.

Sing Dangal is focused on cor-ruption and its consequences to theFilipino people. The musical playproduction showed a medley of or-dinary real life situations affectedby corruption. The story resolvesaround Big Boy (Cadelina) and hismother (Wilson), who lives in pov-erty, and Big Boy (Villar), the ne-glected son of a wealthy but cor-rupt politician (Tomas). There wereother characters in the story, amongthem, the government employee(Magdangal), the OFW (JeffreyHidalgo), the police officer(Alcaraz), and a young man (Prats).There was also a segment whereinAlvarez and Salviejo debated themerits of integrity and corruptionwhile singing. The 9th Avenue per-formed Tigilan Mo Na Yan by EduReyes, a song finalist in the Anti-

TV SHOW from page 1

corruption Song Writing Competi-tion. The narrator (Martinez)guided the audience through eachscene.

Multi-awarded writer Ricky Leeprovided the script, as well as thelyrics, for the musical, which wasaccompanied by the moving musiccomposed by Ernie Magtuto. BethMartin completed this powerhouseproduction as musical director.

Box Office HitThe SM Mall of Asia Center

Stage was filled to capacity andthen some. Mr. Roger de Backer,Operations Head of the Delegation

of European Union to the Philip-pines, Mr. Tony Kwok, Chief Ad-viser to the EC-OMB CorruptionPrevention Project, and OverallDeputy Ombudsman Orlando C.Casimiro graced the occasion, aswell as other officials of the Officeof the Ombudsman and other gov-ernment agencies. Representativesfrom the different sectors of soci-ety also turned out to attend thismomentous event. Government em-ployees, the youth and the aca-deme, and the general public arewelcomed to this ant-corruptionproduction intended to instill pub-

lic awareness on the evils of cor-ruption through popular media.

Sing Dangal is undoubtly asuccess. The overwhelming inter-est and response generated fromthe audience, notwithstanding thehigh number of people who wishedto witness this event, is indeed apromising sign that the Office of theOmbudsman’s efforts to preventgraft and corruption in the countrydoes not go unnoticed. At the sametime, it is also a testament to thefact that most Filipinos are willingto support, and are encouragingthese efforts.

The entire cast of Sing Dangal sings May Ombudsman sa Puso ng Bawat Filipino, written by RickyLee and composed by Ernie Magtuto, during the production�s finale number

THE OFFICE OF THE OMBUDS-man, through Task Force Sama-Samang Pagkilos Laban saKatiwalian (SAPAK), continuouslyacts on reports and complaints ofirregularities in the Department ofEducation (DepEd). The initialorders suspending a number of prin-cipals seem to have served as aneye opener to the public makingthem aware of their rights againstabuses committed by governmentofficials particularly in the Depart-ment of Education as evidenced bythe increase of complaints receivedby this Office, now totaling to TwoHundred Fourteen (214) for the firstsix (6) months.

Parents and Teachers Associa-tions are now forging linkages withthe Task Force in order to help over-see the alleged abusive conduct ofteachers, principals and other offi-cials.

After it was launched, the TaskForce was able to act on severalcomplaints obtained from varioussources such as reports, direct com-plaints, text and/or e-mail mes-sages, and news reports.

The Office was able to placeunder preventive suspension threepublic high school principals forvarious offenses. They were Dr.Eleanor F. Abisado of the TaguigNational High School; Dr. Helen B.Aggabao of the Olongapo City Na-tional High School and Dr. VirginiaF. Bermudez of the RamonAvancena High School.

Some significant cases werealso referred for preliminary inves-tigation and/or administrative ad-judication .

Alleged violations of R.A.3019 and R.A. 7080 were filedagainst former Secretary Ricardo T.Gloria by Mr. Gabriel S. Dela Paz,Investment Director of the PrivateEducation Assistance Committee(PEAC). Said case is now pendingpreliminary investigation. Chargedfor violations of Article 217 of theRevised Penal Code (Malversa-tion), Section 3(e) of R.A. 3019(Anti-Graft and Corrupt PracticesAct), and for Dishonesty, were Dr.Mahid M. Mutilan, then RegionalVice-Governor, ARMM; PangalianM. Maniri, then Accountant III,DepEd-ARMM, Norinsa P. Arimao,then Regional Cashier, DepEdARMM and Dr. Leovigilda P.Ciches, former Director II, Admin-istrative, Finance, and other em-ployees of Support Services Bu-reau, DepEd-ARMM, now referredfor preliminary investigation and/or administrative adjudication at theCriminal Investigation, Prosecutionand Administrative AdjudicationBureau (PIAAB).

Said case arose from an inves-tigation conducted by the TaskForce in determining the veracityof the revelation of RepresentativeMarlo Aguja of AKBAYAN in hisprivilege speech that the DepEd-ARMM failed to remit the contri-butions and loan payments de-ducted and collected from theteachers and non-teaching person-nel from 2003 to 2005 amounting toThirty-Six Million, Five HundredTwenty Thousand, One HundredSixty-Nine Pesos and Sixty-Five(Php36,520,169.65).

The case filed against Mrs. FeC. Valeroso, Schools Division Su-

SAPAK updateBy Maria Flor R. Dacanay

SAPAK P/8

Ombudsman�s Administrative Disciplinary AuthorityIN THIS PUBLICATION’S JUNE 2006 ISSUE, THE EDI-torial featured the Supreme Court’s affirmation of the Office ofthe Ombudsman’s administrative disciplinary authority over all

elective and appointive officials of thegovernment and its subdivisions, instru-mentalities and agencies, except over of-ficials who may be removed only by im-

peachment, or over Members of Congress and the Judiciary.However, due to the recent Ombudsman decisions dismissingseveral elective officials from the service, once more theinstitution’s authority to impose administrative sanctions has beenput into an issue. To refresh the minds of everybody, here againare the cases affirming the Ombudsman’s full administrativedisciplinary power over erring public servants.

In the recent case entitled “Office of the Ombudsmanversus Court of Appeals, et al [G.R. No. 160675, June 16,2006]1”, the Supreme Court reiterated its ruling in Atty. RonaldoP. Ledesma versus Court of Appeals, et al [G.R. No. 161629,July 29, 2005], wherein it upheld the Ombudsman’s authorityto mete out administrative penalties of removal or suspensionfrom office, demotion, fine or censure against erring public of-ficers and employees. The point of contention in the above-mentioned cases is the word “recommend”, found both in thepertinent provisions of the 1987 Constitution and Republic ActNo. 6770, also known as the Ombudsman Act of 1989. Sec-tion 13 of Article XI [Accountability of Public Officers] of the1987 Constitution provides:

Section 13. The Office of the Ombudsman shall have thefollowing powers, functions and duties:

xxx(3) Direct the officer concerned to take appropriate action againsta public official or employee at fault, and recommend his removal,suspension, demotion, fine, censure or prosecution, and ensurecompliance therewith. [emphasis supplied]

xxxLikewise, it is stated in Section 15 of RA 6770:Section 15. Powers, Functions and Duties. The Office of the Ombudsman shall have the following powers, functions and duties:

xxx(3) Direct the officer concerned to take appropriate action against

a public officer or employee at fault or who neglects to perform anact or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution and toensure compliance therewith; or enforce its disciplinary authorityas provided in Section 21 of this Act; Provided, That the refusal ofany officer without just cause to comply with an order of the Ombudsman xxx shall be a ground for disciplinary action against saidofficer. [emphasis supplied]

In interpreting these provisions, the Court ruled that theword “recommend’ should not be given its literal meaning butinstead be construed together with the phrase “and [to] ensurecompliance therewith” as well as other pertinent provisions ofRA 6770. By the language of the law, the Ombudsman maydirect and compel the head of the office or agency concernedto implement the penalty imposed against the erring public offi-cial or employee. Hence, according to the Supreme Court, theword “recommend” merely concerns the procedural aspect ofthe Ombudsman’s functions and not its jurisdiction in impos-ing administrative penalties. In other words, the implementa-tion of said penalties should be coursed though the proper of-ficer, i.e., the head of the office or agency. Further, the Courtheld:

“…That the refusal, without just cause, of any officer to complywith such an order of the Ombudsman to penalize an erring officeror employee is a ground for disciplinary action, is a strong indication that the Ombudsman’s “recommendation” is not merely advisory in nature but is actually mandatory within the bounds of law.”

In addition, Section 21 of RA 6770 expressly conferredadministrative disciplinary authority to the Office of the Om-budsman. Clearly, the lawmakers intended for the Ombuds-man to wield such power in order to fulfill its mandate as “Pro-tector of the People”, to act promptly on complaints againstofficers and employees in public service and to enforce theiradministrative, civil and criminal liability. Without this disciplin-ary authority, the Office of the Ombudsman cannot attain whatthe Congress envisioned it to be – “an activist watchman”, atool against the prevalent graft and corrupt practices in govern-ment.

1 Erratum: In the June 2006 issue, the title of the featured case wasmistakenly labeled as Coromias vs. Court of Appeals. The actual titleof the case is Office of the Ombudsman vs. Court of Appeals.

Editorial

A Different BattleA Different BattleA Different BattleA Different BattleA Different Battle

5December-January 2007 An Official Publication of the Office of the Ombudsman with Funding Support from the European Commission

SANTA IS COMING TO TOWN!Volunteers from the Office of the Ombudsman give gifts to the 170 childrenbeneficiaries from a barangay in Taguig City on December 20, 2006 duringthe MAKIBATA Outreach Program, an annual outreach project of the Of-fice of the Ombudsman and the Junior Graftwatch Units.

Tripartite Code of Conduct in Public Procurement

Representatives to the 2nd Consultative Workshop for the Tri-partite Code of Conduct in Public Procurement discuss amongthemselves during the workshop session

By Fernando M. Mendoza

THE OFFICE OF THE OMBUDS-man has embarked on a compre-hensive capacity building effort tomake the civil society more effec-tive and efficient in its role as pub-lic procurement observers andmonitors in the country. For thisreason, the EC-OMB CorruptionPrevention Project called for thedevelopment and adoption of com-monly accepted Tripartite Code ofConduct on Public Procurementwhich will cover all the involvedparticipating agencies and organi-zations may then develop their owncustomized code of conduct onpublic procurement base on thisgeneral code of conduct.

Development of such a draftgeneral code of conduct necessi-tate the conduct of cosultativemeetings cum workshops betweenand among the targeted partici-pants, both at the plenary and tech-nical working group levels. Threeconsultative workshops among

Project partners have been con-ducted from late November to earlyDecember of 2006 to collate generalinputs on the possible content ofthe intended code. These work-shops were followed by a series of5 technical working group (TWG)meetings where specific provisionsof the draft code were deliberateupon and finalized.

At present, TWG representa-

tives are preparing the final form ofthe draft code which is slated forviolation among project partners ina plenary session tentativelyscheduled on February 2007. Ifadopted, the draft will be submit-ted to the Honorable Ombudsmanfor endorsement to the Presidentwho in turn, is expected to supportthe code by making it into an Ex-ecutive Order.

EC / USAID from page 1

Bernardo Elementary School,Quezon City. HonorableOmbudsman Ma. Merceditas N.Gutierrez will make a ceremonialturn-over of the exemplars to DepEdSecretary Jesli A. Lapus for theirimplementation. Expected to attendthe launching are AmbassadorAlistair MacDonald from theEuropean Commission, MissionDirector Jon Lindborg from theUSAID, officials from the Office ofthe Ombudsman, Department ofEducation, and delegates from otherinternational donor communitiessupporting the graft preventionprograms of the Office of theOmbudsman. A demonstration ofhow these anti-corruption moduleswill be taught in the elementary andsecondary levels will be made bythe teachers and pupils of the sameschool.

The GCPE Teaching Exemplarsis a joint project of the Office of theOmbudsman and the Department ofEducation. It started in the year1995 through the signing of a JointDeclaration of Undertaking between

then Ombudsman Aniano A.Desierto and then Secretary RicardoT. Gloria. The implementation of theproject is being continued by theHonorable Ombudsman Gutierrez

Through the joint efforts of thetwo offices, the GCPE TeachingExemplars were developed andinitially implemented in the year2000. The teaching exemplars wererevised in 2004 to conform with thenew Basic Education Curriculum.

The teaching exemplars aim toinculcate among the pupils andstudents in the elementary andsecondary levels positive valuessuch as honesty, integrity,professionalism, uphold of commongood and simple living. They alsogeared towards the integration ofnorms of conduct enumerated inRepublic Act 6713 into the differentsubject areas in the curriculum. Thesound values that will be taught toour children will serve as theirfoundation in becoming responsiblecitizens in the future, specially whenthey decide to enter public service.

NoticeThis is to inform the public that Bantay Bayan Foundation,Inc. (BBFI) headed by Cmdr. Willy B. Calma is no longer ac-credited by the Office of the Ombudsman-Central as Corrup-tion Prevention Unit (CPU). At present, only the followingNGOs are accredited CPUs of the NCR: Samahang GrupongBantay Mamamayan, Inc. (SGBMI), Moral Recovery OfficersFoundation, Inc. (MROFI), Auditor ng Bayan Group,Inc.(ABGI), Movement for Moral Values in the Phils. (MOVE-MVP) and Citizen�s Truth Verifier Academy, Inc.(CTVAI).

Undersecretary Emesto Carolina,DENR Undersecretary Armi JaneRoa-Borje, DILG UndersecretaryWencelito Andanar, BFP ChiefDanilo Cabrera, LRTA Administra-tor Melquiades A. Robles, PVAOAdministrator Rodelio A. Dayan andDeputy Administrator Romeo Lazo,LRA Administrator Benedicto B.Ulep, BuCor Assistant DirectorJoselito Fajardo, DAR OIC-DirectorMarissa M.Marzo and Mr. SixtoAntonio, Jr. for DBM-PS.

The momentous event wasgraced by the presence of the Ad-visory Group members of the fiveagencies which underwent the IDRlast year as well as some profession-als from the Civil Society Organiza-tions and the Academe.

IDR from page 1After the completion of the

IDR Project in each of the partici-pating agencies, an Integrity Devel-opment Committee (IDC) as a sus-taining mechanism, shall be estab-lished which shall be tripartite incomposition.

The signatories of the elevenagencies gave their commitmentsfor the success of the Integrity De-velopment Review Project as em-bodied in the MOU.

The IDR will run from Januaryuntil June of the current year. Aspart of the IDR's initial activity, atraining of assessment teams at theFontana Leisure Parks, Clark Field,Pampanga was held on January 8 -12, 2007.

A Different BattleA Different BattleA Different BattleA Different BattleA Different BattleBy Ma. Rosanna S. Navidad

ABSENT THE SOUND OF DRUMSand bugles, amid the dust and a sea ofcamouflage green, our convoy negotiatedthe bumpy road leading to a place calledDungoan, a remote barangay in M’lang,Cotabato Province. “Dungoan” literallymeans landing area for smaller seavessels, and in this instance, of thosecoming from the Liguasan Marsh, whichis but a few kilometers away. Anexaggerated and common joke we heardis that, if you want an unexplained andsudden exit on the face of this planet,you go to Liguasan. Not surprisingly,almost all members of the Ombudsman-Mindanao (OMB-MIN) medicalmission team elicited the same reactionfrom family and friends, “why gothere?”. This piece aims to answer thatquestion. The specific target in thatbarangay, Sitio Ipol, has a populationof 500, or 100 households, composedmainly of Maguindanao Muslims, whoare into freshwater fishing. Some ofthem are also into marginal farming,without the benefit of irrigationfacilities, draft animals, or farmimplements and machinery. If we wereto go by its rough road conditions, it isso easy to conclude that the area isindeed a very depressed one, and itsinhabitants -the poorest. Ironically, thearea is merely 2.5 kilometers from thenational highway, and 1.5 kilometersaway from the heart of M’lang, yet itremains undeveloped. Once again OMB-MIN played therole of “mobilizer”, as it marshalledseveral agencies of government intosupporting the activity. The serviceproviders from the public sectorincluded the Provincial Government ofCotabato, the Local Government ofM’lang, the Philippine CharitySweepstakes Office (PCSO) RegionXII, the Philippine Health InsuranceCorporation ( PHILHEALTH) RegionXII, the Department of Health (DOH)Region XII Office as well as theProvincial Health Office of Cotabato,all of which contributed eithermedicines, their medical and non-medical support staff. The DENR-PENR Office also sent a team of landinvestigators to render publicassistance. More than a battalion ofmen from the 7th IB,6th IB and the 38thIB of the Philippine Army based inPikit Cotabato were there to secure theteam. Members of the AFP ReserveCommand (AFPRESCOM) from DavaoCity, provided the able bodies whohelped pack the giveaways and carryheavy boxes of donated goods andmedicines. Heads of these partner agencies

were there, led by Governor EmmanuelPiñol of Cotabato Province, M’langMunicipal Mayor Luigi B. Cuerpo andVice-Mayor Joselito F. Piñol, PhilhealthAVP Dr. Ramon F. Aristoza Jr., PCSOGeneral Santos Branch Head Misael A.Hamak, PENRO Renato B. Rivera, andLt. Col Jeavy DS Resurreccion.

It was so heartening to note thateven the private sector got involved inthe mission. Private medical and dentalpractitioners of Cotabato who aremembers of the Cotabato MedicalSociety and the North Cotabato DentalSociety rendered service for free.Volunteer nursing students from theSouthern Baptist College, and the St.Lukes Institute of Technology freelygave their time to the mission.

All in all, the team served a total offive hundred ten (510) beneficiaries. Thehealth services provided to themincluded medical check-up, electro-cardiogram(ECG), pap smear, pre-natalcheck-up, circumcision, dental check-up and tooth extraction. A compositeteam of personnel from OMB-MIN, theLocal Civil Registrar and the DENR,rendered public assistance, gave legaladvice and conducted registration ofbirths. In a dialogue with DeputyOmbudsman Monteroso and DirectorRodolfo Elman, several locals raisedtheir concerns on various land problems,most common of which involve whatare considered as ancestral domain. Aside from the medicines and foodpacks given to the beneficiaries, used toysand clothing were also distributed thatday. These items were donated bykindhearted OMB-MIN employees andtheir friends, who heeded the call of thePublic Assistance Unit to support itsChristmas drive. The final activity of the mission,were the fun games for the children.Spectators had fun seeing the childrenparticipate and try their best to win theprizes at stake. We proved a point that day –distance, language and culture differenceswere no barriers. The local folk lookedjust like us, ordinary people needingcare and attention. The reputation of theplace preceded it, but we went thereundaunted by horror stories of ambushes,killing fields and kidnappings. Yes, wewere in full battle gear- our militaryescorts were armed to the teeth with anassortment of weapons, we were armedtoo, with nothing but goodwill and aneagerness to serve. It will probably take more yearsand more missions of such kind to easethe feelings of apathy and neglectamongst the locals, but members of theteam are certain, half the battle was wonthat day.

December-January 2007An Official Publication of the Office of the Ombudsman with Funding Support from the European Commission6

Community Coordination BureauOffice of the Ombudsman

Ground Floor, Agham Road,Diliman, Quezon City 1101

Telephone Numbers: (02) 92687819269032 - 40 loc. 112, 113, 122

Telefax: 9268780email:

ombccb@ombudsman.gov.ph

Editor-In-ChiefAtty. Rhodora N. Fenix-Galicia

Managing EditorAngel De Lara-Cusi

News/Feature EditorsAtty. Cezar M. Tirol II

Laurrie Layne P. Cristobal

Circulation ManagerPeregrino LB. Galario

Layout ArtistsPetronilo V. Pauya

PhotographersJessie A. SuguitanDennis C. Gonzales

Area/Sectoral EditorsActing DSP Wendell B. SulitDirector Rudiger G. Falcis II

Director Wilbert L. Candelaria

The views and opinions appearing onthe Integrity Watch News do not

necessarily reflect those of theEuropean Commission/Union

Editorial AdvisersOmbudsman

Ma. Merceditas N. GutierrezODO Orlando C. Casimiro

DO for Luzon Victor C. FernandezDO for MOLEO Emillio A. Gonzalez, III

DO for Mindanao Humprey P. MonterosoOIC-DO for Visayas Virginia P. Santiago

SP Dennis Villa-IgnacioAO Mark E. Jalandoni

AO Cyril E. RamosActing AO Evelyn A. Baliton

Director Romeo I. TanDirector Mary Susan S. Guillermo

OIC-Director Ador G. Paulino

DOF from page 2

Despite the saidsalary, she acquiredproperty in Cainta, Rizal; atwo-storey mansion inCavite; several luxuryvehicles including a FordExpedition; a MitsubishiIntercooler Pajero; andMazda Intercooler MPV.

Maglasang alsoreportedly failed to submither SALNs for the years1998 and 2000.

Assistant OmbudsmanMark E. Jalandonirevealed that in pursuit ofthe new inter-agencystratagem of this Office,the cases against the twoshall be endorsed to theBureau of InternalRevenue (BIR) and theAnti-Money LaunderingCouncil (AMLC) forpossible tax evasion andmoney laundering charges.

On the other hand, thecase against Butiongstemmed from the GeneralOperations Reviewconducted by the BSP’sInternal Audit Departmenton the cashaccountabilities of officersof the Bacolod branch onApril 11 to July 13, 2005.

Upon inspection ofButiong’s accounts, theauditors noticed thatcertain bundles of P500-denominated notes werenot as thick as the standardones, leading them tosuspect a shortage.

In the succeedingaudits, the auditorsdiscovered a shortageamounting to a total ofP5,955,000.00, promptingthem to file a complaintagainst Butiong.

In an affidavitexecuted by Butiong onJune 28, 2005, he admittedusing the said funds tofinance his lendingactivities and treasurehunting, and assigned hismonetary employmentbenefits to the BSP aspayment for the shortage.

Butiong did not file acounter-affidavit on thecharges filed against him.He also failed to report towork soon after theshortage in his accountswas discovered.

In a six-page decision,Ombudsman Ma.Merceditas N. Gutierrezfound Butiong guilty of thecharge of dishonesty andmeted him the penalty ofdismissal from the service,with forfeiture of allbenefits, perpetualdisqualification to holdpublic office andcancellation of all civilservice eligibilities.

The Ombudsman isalso set to file charges ofmalversation of publicfunds against Butiongbefore the lower court.

held on October 25-26, 2006.With the theme “DeepeningInvolvement in CombatingCorruption,” the two-dayseminar workshop wasassiduously conducted bythe action officers of OMB-Luzon PACPO headed bytheir Director, Wilbert L.Candelaria.

As soon as Ms. EmilyBordado, our Non-OrganicResident Ombudsman in theD A - R F U 5 , f i n i s h e dintroducing the participants,Director Candelaria gave athought-provoking and awe-inspiring opening remarks.Intended to primarily level offon the notions, definitionsand the current state ofcorruption in the Philippines,Module 1: Experience wascommenced by AGIO III JoanC. Roderos. She led theparticipants in undergoingthe process of feelingthrough their experience andactually immersing them in areality exercise of the problemof corruption. They sharedtheir own definitions ofcorruption as they perceivedit to be in their workplace andin their own community. Acouple of the participantseven verbalized howcorruption existed in theirown families. They wrote theirone-word description ofcorruption in metacardswhich were later posted onthe board for groupdiscussion. Words like “evil,”“disease,” “pity,” and“putrid”, as they keenlydescribed how they feltabout corruption.

AGIO III Editha D. R.

PILI from page 1

ON OCTOBER 18-20, 2006 an "Ehem! Train-ers' Training for Non-Organic Resident Om-budsmen in Mindanao (MIN) and the Visayas"was held at the Harbor Lights Hotel & Res-taurant, Cagayan de Oro City aimed atstrengthening the proactive corruption pre-vention thrust of the Office of the Ombuds-man (OMB) by raising cultural sensitivity oncorruption through Ehem! Seminars vis-a-visthe limited number of Ombudsman Ehem!trainers.

A total of 37 Non-Organic RO and OMBPersonnel attended the said activity. The par-ticipants were chosen based upon the basicrequisites, i.e. must have undergone the twoor three-day Ehem! Seminar, possesing train-ing and facilitating skills, and willing to assistas Ehem! trainors in the future.

Ehem! Trainers� Training for Non-Organic ROBy Belle D. Lim

Dizon set off Module 2:Analysis by engaging theparticipants into brainstormsto identify the root causes, aswell as the effects/consequences of corruption.They had an animateddiscussion of the web chartsthey created and were able toexamine age-old factors suchas “malfeasance,” “lack ofmonitoring,” “self-indulgence” and“indifference.” Noteworthyis their realization that“poverty” is both a cause anda consequence of corruption.

Atty. Cynthia V. Vivar’sinspirational approach stirredeveryone into Module 3: Re-flection - a serious reflectionon the cultural value systemsthat reinforce and perpetuatecorruption. The participantswere brought to recognize thecultural and spiritual factorsthat feed on their weaknessesand vulnerabilities. Theirrole-playing, cultural analy-sis, and reflection-sharinghelped them achieve a certaindegree of belief about thegravity of corruption and asense of urgency in combat-ing it in one’s self and in so-ciety. They made their per-sonal credo and were able toexpress their resolve in a con-crete statement of commit-ment.

After the wake-up call ofthe third module, GPCO IIMa. Juanita G. Caballerochallenged participants toidentify concrete ways onhow they can take part inreversing the culture ofcorruption. Module 4: Actiongave them a chance toformulate their action plans at

the individual, group,community, and institutionallevels. Their “PersonalIntegrity Plans” and “GroupCredo” became their writtencommitment to fightcorruption.

The seminar-workshopculminated with the brief yetrousing closing remarksgiven by the AssistantRegional Director forOperation of DA-RFU5, Dr.Jose Dayao, stressing theneed to change, starting fromwithin.

The OMB-LuzonPACPO team left Pili on achilly drizzling morning ofOctober 27, but each one ofthem felt warmed by theheartfelt appreciation shownby the participants the daybefore. They were all hopingthat all government officeswould be able to experienceEhem! Aha!. Their only regretwas that it should have beenheld for a longer period,perhaps more than two days,and at a venue far from theiroffice premises so as to avoidthe distraction of paper-works left on their office table.

Their written feedbackand evaluation showed theiradmiration for the diligentefforts of the speakers andfacilitators, and theinspiration they evoked.Most of them expressed thatthey were made to realizetruths about themselves thatthey never thought werealready traces of corruptionin their everyday lives, andthat they were trulyawakened to stand up and bevigilant fighters of corruption.

The OMB Ehem! Aha! Technical Work-ing Group (TWG) composed of GIO IIJosephine D. Mojica (CCB), GIO I TeresitaN. Angeles (OMB-MIN), GIO I Bel M.Quijano (OMB-Visayas) and GPCO V Ma.Victoria M. Roberto (PACPO) were the Re-source Speakers for the "Ehem modules"while GIPO II Joy R. Arao and GIPO I ZuleikaT. Lopez, both of OMB-MIN handled thetopic on "Facilitation Skills". OIC RodolfoM. Elman, CESO III, OMB-MIN and OIC Vir-ginia T. Santiago, OMB-Visayas provided thewelcome and closing remarks, respectivelywith Director Wilbert L. Candelaria of OMB-Luzon as guest-participant.

The OMB-MIN Area Office acted as theconvenor of the activity in coordination withOIC Director Atty. Maria lluminada Lapid-Viva of the OMB-Min Regional Office basedin Cagayan de Oro City.

ISSN 1909-112X Vol. 1 No. 7

A New Year MessageA New Year MessageA New Year MessageA New Year MessageA New Year Message

Filipinos choose hope! A new SWS surveyshows that 91% of adult Filipino look to theNew Year with hope rather than fear.

This is good because it means that we as apeople do not give in todespair in the face of dif-ficulties. Hope overcomesthe despair that leads oneto think that nothing canbe done to prove oursituation. Hope spurs usinto action, it gives usa reason to live, to getout of bed each morn-ing and do the bestwork we can for God, for our country, for ourfamilies and even for our selves.

We, as a people and specially those in govern-ment, must always nurture the hope of a bet-ter future for our country that causes us toserve our fellow Filipinos with love, faithful-ness, honesty and excellence.

At the office of the Ombudsman, hopes arehigh that we can make significant progress inthe battle against corruption this year. We areimproving our investigation and prosecutioncapabilities and undertaking new projects thatwill help us prevent corruption before it startsand promote integrity in all areas of our life.We also look forward to actively fulfill ourpublic assistance role to ensure that the peoplein this country have access to government ser-vice. Moreover, we are increasing circulationof this Integrity Newsletter so that people areinformed of the dangers of corruption, whatwe are doing to fight this menance and whatYOU can do to get involved.

Together, let us make our hope for a corrup-tion - intolerant Philippines a reality.

God’s blessing to one and all!

Ma. Merceditas N. GutierrezMa. Merceditas N. GutierrezMa. Merceditas N. GutierrezMa. Merceditas N. GutierrezMa. Merceditas N. Gutierrez Ombudsman

GIPO II from OMB-Luzon Atty. Cynthia V. Vivar discusses Module 3: Reflection duringthe Ehem! Aha! Seminar Workshop conducted for the officials and employees of theRegional Field Unit No. 5 of the Department of Agriculture.

An Official Publication of the Office of the Ombudsman with Funding Support from the European CommissionDecember-January 2007 7Humphrey, as he is fondlycalled by his colleagues is anative of Cabadbaran,Agusan del Norte, in whichtown Don FabianMonteroso, his grandfatherhad served as town mayor.On March 2, 1962, he cameto the world as one of eightchildren born to a nurturingcouple, Melicia, a teacherand Tirso, a Municipal Coun-cilor. Under the close super-vision of his mother,Humphrey was so inspired tostudy and learn that he fin-ished his elementary and sec-ondary education as classvaledictorian. For his pre-lawstudies, he went toMindanao State Universityin Marawi City, chose to takeup AB, major in Political Sci-ence, and his Bachelor ofLaws at the same universitywhere he enjoyed full aca-demic scholarship from 1979to 1987.

As a son and grandsonof politicians, Humphrey wasexpected to follow the pathstarted by his grandfatherwho also served as BoardMember of Agusan DelNorte. In fact, he considereda career in politics at one timein his youth. However, uponbecoming a lawyer, he hadbeen presented with oppor-tunities to become a trial at-torney in a private law firm.There, advocacy lured himand presented him the chal-lenges he so needed to honehis trial advocacy skills. Helater became an Arbiter forthe Human SettlementsRegulatory Commission(known presently as theHousing and Land Use Regu-latory Board). He also servedas Deputized Special Attor-ney of the the Office of theSolicitor General from 1989 to1992.

In the year, 1992,Humphrey started a careerpath at the Office of the Om-budsman, primarily servingas Special Prosecution Of-ficer doing trial work at theSandiganbayan. His energyand dedication to work didnot escape the discriminatingeyes of former OmbudsmanAniano Desierto who yearsbefore was the Special Pros-ecutor of the Office of theOmbudsman when the Anti-Graft Court, Sandiganbayan,was still located at the base-ment of the old Congressbuilding. KnowingHumphrey’s potentials andachievements in aggres-sively prosecuting cases,then Ombudsman Desiertogranted him an OutstandingOmbudsman Employeeaward in 1996. Conse-quently, Humphrey was des-ignated as Prosecuting Direc-tor and included in the panelof Prosecutors to handle theprosecution of Plunder caseagainst former President Jo-seph Ejercito Estrada in 2002.The daily and weekly workschedule of Humphrey dur-ing the early months of thePlunder case trial was hectic

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Asst. OmbudsmanJalandoni also said thatgovernment’s efforts to curbcorruption have generatedpositive responses from theinternational community.

He cited the UnitedStates $25M grant to thePhilippines under itsMillenium ChallengeAccount (MCA) to financethe country’s anti-corruptionefforts. He said the MCA isan international aid programmeant “to assist countriesthat have shown markedimprovement in governanceand anti-corruption efforts”.

He also said thePhilippines was recentlydelisted in the FinancialAction Task Force’s BlackList of non-cooperativecountries in the FightAgainst Money Launderingand Terrorist Financing.

For his part, Tony KwokMan-wai, Chief Adviser forthe European TechnicalAssistance Team (ETAT) andthe country’s Chief Anti-corruption Adviser, also feltstrongly about the TIbarometer. He said “it is onlybased on mere perception andsuch surveys should notinfluence us for they alwayshave a large margin of errorand contradict each other.”

He also said there is noscientific method which couldeffectively measurecorruption.

He observed thecountry’s significant increasein revenue collection whichcould not have occurred hadcorruption remain unabated inthe Phils.

He thus encouraged thepublic to actively participatein the government’s efforts tocurb corruption through itslifestyle check hotlines: 927-4102 and 927-2404.

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By Czarina May C. AltezDAP Project Staff for NACPA

Stakeholders Convene for Anti-Corruption Council

AROUND 50 REPRESENTATIVES FROM THEgovernment, academe and civil societybrainstormed together last 27 Nov. 2006 for theestablishment of the Multi-Sectoral Anti-Cor-ruption Council (MSACC).

The whole-day brainstorming session-cum-workshop aim to generate inputs fromanti-corruption stakeholders to be used in thepre-conferences prior to the launching of theMSACC in the 1st quarter of 2007.

The MSACC is one of the priority projectsunder the National Anti-Corruption Programof Action (NACPA), the flagship projectheaded by the Ombudsman. “Through theMSACC, we hope to maximize the participa-tion of our corruption prevention partners inthe fight against corruption”, said NACPAChairperson Acting Assistant OmbudsmanEvelyn Baliton.

Most pressing among the inputs is the STAKE NEXT PAGE

and full of conflicting dead-lines. During this period, Di-rector Monteroso was super-vising a number of Prosecu-tors while doing trial work onseveral high profile cases byhimself. After office hours,he served as a faculty mem-ber of Arellano UniversityCollege of Law where he heldan Assistant Professor posi-tion. In 2004, he was desig-nated as Acting Deputy Spe-cial Prosecutor in charge oftwo Prosecution Bureaus inaddition to his usual trialwork. Still he continuedteaching law subjects on hisspare time until 2005. It isnoteworthy that he was con-sistently included in the TopFive Faculty Members of theArellano University from1989 to 2005.

Truly blessed withyouth, health and energy,Humphrey seemed to be un-affected by circumstancesexacting demands on histime and abilities. Asked howhe coped with such tremen-dous mental and physicalburden, Humphrey says, “Ef-ficient time management andeffective coping mecha-nism”. He reveals that hepaints to relax and for mentalbalance. Indeed, he alwaysfound time to observe andadmire nature -- beautifullandscapes, birds and trees.These are the common sub-jects of his paintings on can-vass. A lover of nature andanimals, he keeps a mini zooin his Quezon City residenceand has maintained a petstore to make sure his petshave steady of feeds and visi-tors.

After Humphrey wasdesignated as Acting DeputySpecial Prosecutor, a col-league remarked how fortu-nate he was to be an actingDSP at such a young age. Inall humility, DSP Monterososimply said, “I was at theright place at the right time.That’s why I got the posi-tion”.

As a Deputy Ombuds-man, he knows that the chal-lenges he faces are of higherlevel, numerous and varied.He is well equipped, to saythe least, to serve as the al-ter-ego of the Ombudsman inMindanao. His personal mis-sion is to establish and main-tain a new balance at the Of-fice of the Deputy Ombuds-man for Mindanao. The kindof balance for its roles asprotector of the people --al-ways ready to defend therights of citizens, and ascourages prosecutor cumadvocate of discipline ---constantly instilling in theconsciousness of public ser-vants that “Corruption is ahigh risk, low reward activ-ity”.

Alice, Humphrey’slovely wife is confident thather husband, even with hischild-like countenance, gen-tly manners, and seeminglyfragile physique, has enoughpioneering spirit to work

harder than ever before in hisoffice. Of course, she is al-ways ready to provide himconstant love and inspira-tion.

This writer has workedunder the supervision of DSPMonteroso for several years.As a master of self-disciplinehimself, he has taught her thevalue of self-discipline insideand outside the courtroom.He has also shown her that acombination of intensivestudy and hard work are in-dispensable in preparing acase for trial. His colleaguesat the Office of the SpecialProsecutor in expression ofheartfelt gratitude to thenewest Deputy Ombudsmanwould like to say“Humphrey, your rise to theposition of Deputy Ombuds-man for Mindanao will al-ways be an inspiration to allAssistant Special Prosecu-tors to aspire for notable andexemplary performance inCourt, in the spirit of serviceand love of God and coun-try” .

ing evidence, the prosecu-tors said in a 66-page resolu-tion, referring to the $2 mil-lion Jimenez deposited toCoutts Bank in Hong Kongin Feb. 2001, just a month af-ter Perez assumed office.

Ombudsman investiga-tors likewise noticed thatEscaler, who was the directbeneficiary of the $2 MillionJimenez had deposited, of-fered no explanation to showthat the transfer to his ac-count was the outcome of alegitimate transaction withJimenez.

The Perezes said Escalerbought their property, andthat they had a huge inherit-ance. But investigators dis-covered that the Perez-Escaler Memorandum of Un-derstanding (MOU) was notnotarized and was at most amere private instrument thatdidn’t prove at all the sale ofMalvarosa Ventures, Inc.

They also submittedquestionable documents thatwere full of alterations,inconsistencies and deficien-cies which erode the credenceof the entire transaction, notto mention that the Perezcouple failed to secure anyBoard Resolution before dis-posing of Malvarosa.

Indeed, it is curious thatas vendee, Escaler would al-low the consideration for thesupposed sale to be depos-ited in an account held byclose relations of the vendor,

Perez,and over which a ven-dor himself had control as at-torney-in-fact, the prosecu-tors said.

Upon receiving the $2Million, Escaler later trans-ferred the whole amount toEFG Bank in Geneva, Switzer-land, where the recipientswere Perez’ s wife Rosario andArcelo.

The Ombudsman alsodisregarded Perez’ s alibi thatthe amount deposited formpart of their family wealth, orinheritance some two yearsago, because he failed to dis-close such assets in the state-ment of assets he filed in 2001to 2002, where he said he wasworth P40 Million.

ln sum, the pieces of evi-dence on hand clearly estab-lish that Perez and Escalerdemanded money fromJimenez under threat of in-flicting on him with bodilyharm by incarceration in a cityjail with hardened criminalsand drug addicts where hewould die of boils, unlessdamaging affidavits againstEstrada were executed.

The Ombudsman ruledthat Perez took advantage ofhis position as Justice Secre-tary where he wields enor-mous influence on the requestof the US for the extraditionof Jimenez, on charges of taxevasion, illegal campaigncontributions and mail fraud.Jimenez was extradited inDec. 2002 and served his sen-

tence in the US.This office also finds

that Perez, in conspiracy withEscaler, Arceo and RosarioPerez, took advantage of hisposition as the DOJ Secre-tary by demanding Jimenezto deliver the $2 Million inconnection with the execu-tion of affidavits (againstErap cronies), the Ombuds-man declared.

The act of the Perezcouple, Arceo and Escalershowed their united, con-certed and coordinated actsof unlawfully taking themoney of Jimenez, which in-dicate a working conspiracyamong them, making themcriminally liable under thelaw.

Records showed thatJimenez deposited $2 Millionon Feb. 23, 2003 in benefi-ciary account HO133706 ofCoutts Bank in Hong Kong,from Trade and CommerceBank, Cayman Islandsthrough the Chase Manhat-tan Bank in New York.

Coincidentally, thePerezes were in HK at thattime (Feb. 22-25) for the sign-ing of the Mutual Legal As-sistance Agreement onCriminal Matters. Escalerwas also there, and took thesame flight with the coupleback to Manila in Feb. 25.

Ombudsman probersalso noticed that thespouses, along with Arceo

source Person for the seminar was DirectorEmmie Mendoza of the Commission on Au-dit.

Prior to that, the NACPA Secretariatalso participated in a three-day foundationcourse on Project Management conducted last26-27 September and 4 October 2006, also atDAP, Pasig City. Project Management wasidentified as one of the most urgent skillsneeded by the Secretariat since they are pre-paring to implement and roll-out variousprojects under NACPA. Dr. Segundo Romero,Consultant for NACPA, conducted the train-ing. Also joining the NACPA Secretariat inthe training were other 0MB personnel in-volved in the Millennium Challenge AccountProjects.

A one-day training on R.A. 9184, other-wise known as the Procurement Act, was alsoorganized for the NACPA Secretariat last 22

September 2006.Among the priority projects of NACPA

include the creation of a multi-sectoralcouncil on anti-corruption, conduct ofan anti-corruption roadshow, formulationof a monitoring and evaluation systemand design and implementation of an ad-vocacy and communicationplan.Incidentally, the ratification of theUnited Nations Convention against Cor-ruption (UNCAC) by the Senate last No-vember is considered a significant mile-stone for NACPA and its stakeholders. ThePhilippines joined the 1st Conference ofStates Parties to the UNCAC in Amman, Jor-dan last December 2006.

NACPA was created specifically to har-monize anti-corruption initiatives of thegovernment, business, academe and civilsociety sectors in the country.

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need for a legal basis or mandate forMSACC. Participants were concerned thatthe absence of a mandate may pose an ob-stacle in the establishment of the counciland the subsequent implementation of itsprojects.

Also notable is the requirement that rep-resentatives from the government must havepassed the lifestyle check first and must haveno pending case before being designated amember of the council.

Most of the participants envisioned thatthe MSACC's primary functions should bepolicy-making and direction-setting. Saidcouncil will be comprised of representa-tives from the different sectors. Who theyare and how they will be chosen will be de-termined in the succeeding pre-conferencesto be held in January and February 2007.

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December-January 2007An Official Publication of the Office of the Ombudsman with Funding Support from the European Commission8

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perintendent in Surigao del Sur and Mrs. Aida U. Aribal, School Principal II, Barobo National High School, for alleged syndicated selling ofteachers items and other graft and corrupt practices are under investiga-tion. Investigators handling the case recommended that respondentsbe placed for preventive suspension.

Another significant case undergoing investigation is the charge foralleged anomalous construction of the Administration Building, Divi-sion Office, DepEd-Naga City, against Engineer Luis Zamudo. Task Forceinvestigators found out that the total amount malversed or misappro-priated was Two Million Six Hundred Ninety-Five Thousand Six HundredFifty-Six Pesos and Thirty-Nine (Php2,695,656.39).

To date the Task Force, through the Area Offices, was able to act oncomplaints received by the later. Ombudsman-Luzon referred a total ofThirty-One (31) cases, Ombudsman-Mindanao has Fifty-Three (53) cases,and Ombudsman-Visayas with Twenty-Three (23) cases. On the otherhand, Ombudsman-Central Office referred Fifty-Nine (59) cases while Om-budsman-MOLEO received about Forty-Eight cases.

In totality, Task Force SAPAK received a total of Two Hundred Four-teen (214) complaints/reports. One Hundred Fourteen (114) were still un-dergoing fact-finding investigation, Twenty (20) were for preliminary in-vestigation and/or administrative adjudication, Twenty-Five (25) were di-rectly filed for preliminary investigation, Fourteen (14) were closed andterminated after initial evaluation and Forty-One (41) are for assignment.

STAKE from page 7Overall Deputy Ombudsman

Orlando Casimiro graced the occa-sion by giving a warm welcome tothe participants. Acting DirectorRafael Hipolito of Bureau of Resi-dent Ombudsman provided thesynthesis to cap the whole-day ac-tivity. Serving as Master of Cer-

emonies was Director EmilioGonzales of OMB-Luzon.

NACPA is the convergence ofall anti-corruption initiatives of thethree branches of government, civilsociety, the private sector, and theacademe. It was launched at theAnti-Corruption ConvergenceSummit last 17 March 2006.

Ombudsman Gutierrez leads RP delegation to 1stUN anti-corruption convention in Jordan

OMBUDSMAN MA. MERCEDITASN. Gutierrez led the Philippine del-egation to the 1st Conference ofStates Parties to the UN Conven-tion Against Corruption (1st COSP-UNCAC) in Amman, Jordan.

During the convention hostedby the government of the HashemiteKingdom of Jordan at the KingHussein Bin Talal Convention Cen-tre, Ombudsman Gutierrez pre-sented to delegates from othercountries the Philippine experienceon asset recovery particularly aboutthe Marcos Swiss bank accounts.

She also discussed thePhilippine’s National Anti-Corrup-tion Program of Action (NACPA)which aims to coordinate the anti-corruption efforts being conductedby the different partners from theExecutive, Judicial, Legislative,Constitutional Bodies, Local Gov-ernment Units (LGUs), civil society,private sector and donor agencies.

The Philippine delegation iscomposed of representatives fromvarious government agencies in-

volved in anti-corruption work,namely: Asst. Ombudsman DinaJoy C. Teñala; Executive DirectorJulius D. Torres of the Departmentof Foreign Affairs’ Office of theUnited Nations and other Interna-tional Organizations (DFA-UNIO);Commissioner Nicasio A. Conti ofthe Presidential Commission onGood Government (PAGC); Com-missioner Cesar D. Buenaflor of theCivil Service Commission (CSC);Commissioner Jose Sonny G.Matula of the Social Security Sys-tem (SSS); Second Secretary JoselF. Ignacio of the Philippine Missionto the United Nations in Vienna; andChief State Counsel Ricardo V. Parasand State Counsel Marlyn L. Ange-les, both from the Department ofJustice (DOJ).

UNCAC was adopted by theUN General Assembly on October31, 2003 at the United Nations Head-quarters in New York, after it de-cided that an effective internationallegal instrument against corruptionis needed for an effective global

fight against corruption.The Philippines is the second

Southeast Asian country and thefifth Asian country to ratify theUNCAC. The other Asian coun-tries which have ratified the instru-ment were: China, Sri Lanka,Mongolia and Indonesia.

UNCAC outlines four pillarsfor an effective campaign againstgraft and corruption: preventivemeasures directed at both the pub-lic and private sectors,criminalization of a wide range ofacts of corruption, internationalcooperation in every aspect of thefight against corruption and assetrecovery of the fruits of corruption.

Ombudsman Gutierrez said,“UNCAC sends a clear message toall that there is no more safe havenanywhere in the world for corruptofficials to hide their illicit assets”.

The 1st COSP-UNCAC is be-ing held at the King Hussein BinTalal Convention Centre near theDead Sea from December 10-14,2006.

By Anna Maria S. Sanchez

12 December 2006 � Philippine Ambassador to the Hashemite Kingdom of Jordan Jose P. del Rosario, Jr.(5th L) welcomes the Philippine delegation to the 1st Conference of States Parties to the UN ConventionAgainst Corruption (1st COSP-UNCAC) upon their arrival at the Queen Alia International Airport inAmman, Jordan. The Philippine delegation headed by Hon. Ma. Merceditas N. Gutierrez (6th L) of theOffice of the Ombudsman is composed of representatives from various government agencies involved inanti-corruption work such as (L � R) Atty. Marlyn L. Angeles, State Counsel of the Department of Justice;Asst. Ombudsman Atty. Dina Joy C. Teñala; Executive Director Victor S. Aquino of the Anti-MoneyLaundering Council; Executive Director Julius D. Torres of the DFA Office of the United Nations andother International Organizations (DFA-UNIO); Commissioner Nicasio A. Conti of the PresidentialCommission on Good Government; Chair Constancia P. de Guzman of the Presidential Anti-GraftCommission; Commissioner Cesar D. Buenaflor of the Civil Service Commission; Commissioner JoseSonny G. Matula of the Social Security System; and Chief State Counsel Ricardo V. Paras III of the DOJ.Also part of the delegation is Second Secretary Josel F. Ignacio of the Philippine Mission to the UnitedNations in Vienna. The 1st COSP-UNCAC is scheduled for 10 to 14 December 2006 and is being hosted bythe government of the Hashemite Kingdom of Jordan at the King Hussein Bin Talal Convention Centrenear the Dead Sea.

Ombudsman Orientation and Public AccountabilitySeminar in GSIS Region X, CDO

By Maria Iluminada S. Lapid-Viva

AS WE DEEPEN OUR INVOLVE-ment in the drive against corrup-tion and strive to work for a graft-free Philippines, the Regional Of-fice in Cagayan De Oro City, in co-ordination with the GovernmentService Insurance System, RegionalOffice X (GSIS-RO X), conducted aseminar on public accountability forGSIS RO X officials and employees.The seminar, which was the first ofits kind in the history of the GSISregional office, was aimed at givingthe public officers an overview ofthe powers and functions of theOffice of the Ombudsman and anti-corruption laws. It also remindedthem of the ethical issues on cor-ruption.

The “Ombudsman Orientation

and Public Accountability Seminar”was held on November 10, 2006 atthe GSIS Bldg., Vamenta Blvd.,Cagayan De Oro City. This was partof the culminating anniversary ac-tivity of GSIS RO X and, was at-tended by about 65 officials andemployees, led by the Officer inCharge Ma. Luz I. Briones, who gavethe inspirational message to theparticipants.

During the seminar, the partici-pants were given lectures by OMB-MIN lawyers on three major topics,namely: 1) The Office of the Om-budsman, 2) Statutory Perspectiveof Corruption (Penalizing Corrup-tion), and 3) Ethical Issues on Cor-ruption.

While they were listening tonew insights on the culture of cor-

ruption and the various roles of thepublic officers and institutions inthe perpetuation of corruption inthe country, the participants ap-peared to have shown great inter-est and enthusiasm for transforma-tion. This was manifested by aclose to perfect attendance fromstart to finish.

Thus, the OmbudsmanMindanao-Regional Office is ex-ceedingly grateful to the officersand staff of GSIS RO X, who ex-tended their full support for thesuccess of the said activity.

Their cooperation and interestinspired and encouraged us to con-tinue serving as instruments for amore sustained effort against graftand corruption.

OMBUDSMAN-MOLEO: Profileof cases handled

By Maria Flor R. Dacanay-Sibayan

FOR THE YEAR 2006, PERIOD OFJanuary to October, the Office ofthe Deputy Ombudsman for theMilitary and Other Law Enforce-ment Offices (MOLEO) received atotal of Two Thousand One Hun-dred Seventy (2,170) criminal andadministrative cases.

Inspite of the limited numberof prosecutors handling the volu-minous cases received by the Of-fice, as of October 30, 2006, it wasable to file three (3) cases with theSandiganbayan.

These cases involved thecharges of violation of R.A. 3019,Sec. 3(e) against Gen. LisandroAbadia and B/Gen. Reynaldo A.Mendoza which arose from a fact-finding investigation conducted bythe OMB-MOLEO investigators.While another case for violation ofR.A. 3019 was likewise filed againstB/Gen. Prospero Ocampo for ask-ing and/or receiving a certain per-centage of the contract price from asupplier.

For the period January 2006 upto October 2006, the Office recom-mended One Hundred Forty-Nine(149) criminal cases to be filed withthe regular courts. Sixty-Six (66) ofwhich for the Municipal Trial Court(MTC); Fifty-Eight (58) for the Re-gional Trial Court (RTC); andTwenty-Five (25) for the MunicipalCircuit Trial Court (MCTC).

Within this same period, theoffice decided a total of Twenty-Four (24) cases with a penalty ofsuspension ranging from one (1)month to six (6) months, all of whichwithout pay. Most of those metedthe said penalty came from the Phil-ippine National Police.

So far, OMB-MOLEO consis-tently monitors these cases filedwith the courts. It also keeps an eyeon the implementation of the sus-pension orders.

and Escaler, never denied categori-cally that Jimenez indeed depositedthe amount, that $1.7 million wastransmitted by Escaler to Arceo andRosario, and that $250,000 went toArceo alone.

No specific denial was madethat Jimenez, in accordance with theinstructions of Escaler, did transmitthe $2 Million to the account, andsubsequently, Escaler transmittedthe $1.7 million to Arceo-Rosarioand the $250,00 to Arceo through acheque or bank draft.

By their very nature, acts ofextortion would be done in utmostsecrecy, minimizing possible wit-nesses. At any rate, what better evi-dence is there to prove extortionother than the fruits of the extor-tion itself -the $2 Million. Jimenez‘saccusation that he caused the trans-fer is not controverted, the Om-budsman reiterated.

If indeed Rosario and Arceohad no knowledge of, nor partici-pated in the opening of the sup-posed escrow accounts, then howcould they have effectively servedas trustees for the amount suppos-edly held in escrow? Perez andEscaler imply that only they wereprivy to the MOU as well as theescrow agreement. This renderstheir defense suspect, probers said.

Clearly, Arceo and Rosario arenot strangers to Perez, the investi-gators said. All of them were privyand their acts were interdependentwith each other, they added, notingthat the money was acquiredthrough illegal means during theincumbency of Perez.

Finally, while they admit hav-ing received the amount of $1.7Million, no evidence was presentedto show that the amount suppos-edly held in escrow was duly re-turned to Escaler, the Ombudsmanruled, in reference to the purportedMalvarosa sale.

Perez did not specifically denythe accusations in the Jimenez com-plaint pertaining to the meeting inFeb. 13 where the act of extortionwas alleged, the prosecutors like-wise revealed.

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