When the Ombudsman Fails...

A lot of my energy has been consumed these past few weeks because of this scary thought.... what next when the Ombudsman fails?

The Ombudsman Supplemental Resolution on the COMELEC/MegaPacific case is some strong signal about how Gutierrez just plans to play her game the next seven years. Yes people, she's got seven years as Ombudsgirl and that's a scary thought!

I'm no lawyer but I do know a bit about how governance works in this country. We in the Transparency and Accountability Network have been ranting about the Ombudsman Supplemental Resolution. And who shouldn't when it's full of disinformation?! Significant facts of the case established in the Supreme Court decision have been deliberately ommitted or mis-presented in the resolution. At the very least, the resolution is confusing the greater public. And the worst thing that you can think about this resolution is that it is part of the government's general disinformation campaign.

So what now that the Ombudsman is failing the people?

Unfortunately for all of us, there is no alternate solution. Only and only the Ombudsman does the job of 'protecting the people.' The Ombudsman is the only agency charged with prosecuting cases against abusive government officials at the Sandiganbayn. When it doesn't do its job, we're stuck with that. Sure, we can run and ask for the Supreme Court's intervention. But what will come out of it is just for the Supreme Court to probably declare an 'abuse of discretion' on the part of the Ombudsman. And then... ask the Ombudsman to re-do its job. Again and again, the job that has to be done goes back to Gutierrez by virtue of the agency's independence. This is Gutierrez' strongest weapon... she is hiding behind the cloak of independence!

But so they say, impeachment is a solution... NOT with the composition at Congress. Impeachment as a political process is no solution at all... it's all a numbers game. Forget the evidence, forget the arguments. The deliberations that happen are all for show to the unknowing public. The numbers are determined early on in the game and for the undecided, the convincing usually happens behind closed doors with money on the table. Of course, there are those very few that actually seriously consider the outcome of the proceedings...

So what next?!

My wish is that the Supreme Court will stand its ground and over and over again remind the Ombudsman of its mandate, however embarassing for the latter! The Supreme Court could be accused of overstepping its authority but with constitutional gaps such as this, it is just but called for that the Supreme Court take an active stance in pursuing the purpose and spirit of the Constitution.

When the Ombudsman fails to protect the people, I hope and pray that the Supreme Court gladly assume the role as protector of the people.