Ombudsman quits, cites poor health

Citing health reasons, Ombudsman Simeon Marcelo tendered his irrevocable resignation yesterday to President Arroyo.

"Basically, it’s burnout. I just want to be able to heal my body. The problem really lies with me. Public life is not for me," he explained, dousing speculation that he left the government due to pressure from Malacañang.

His resignation takes effect on Nov. 30.

"I cannot resign abruptly. I have to manage a transition period. I just hope I can provide a smooth transition," he said.

The 52-year-old former private lawyer who was made solicitor general in February 2001 and appointed Ombudsman in October 2002, said his work style (seven days a week and at least 13 hours daily) exacted a heavy toll on his health, leaving him "physically and mentally exhausted."

"The culprit really is my health. It’s like burning a candle from both ends. I have ulcers, hypertension and insomnia. In fairness (to the President), and no malice, pagod lang talaga ako (I’m really tired)." Marcelo insisted.

House Minority Leader Francis Escudero, however, expressed suspicion about Marcelo’s stated health reasons.

"I hope he really resigned for health reasons and not due to frustrations (over) intolerable graft in government," Escudero said.

With his resignation, Marcelo cut short his seven-year term, which would have ended in October 2009. As Ombudsman, he can only be removed from office through impeachment, just like the President and other heads and members of independent constitutional bodies.

Two other independent sources close to the Ombudsman confirmed Marcelo’s reasons for resigning to The STAR.

"There’s nothing more to it," one source said.

Marcelo said he has not endorsed anybody to replace him, leaving it entirely to the President to choose his replacement. Some quarters, though, wanted Special Prosecutor Dennis Villa Ignacio to succeed him.

Malacañang expressed regret over Marcelo’s resignation, saying it was a great loss to public service.

"Ombudsman Marcelo has a brilliant legal mind and he has been working, pushing for the anti-corruption campaign of the President… I believe that during his tenure as Ombudsman he has made significant gains in working for the improvement of the system and he has made a very big start," Presidential Spokesman Ignacio Bunye said.

Deputy Executive Secretary Joaquin Lagonera said in a telephone interview that no replacement had yet been named.

In explaining further his health problems, Marcelo pointed to his "hands-on" approach and work style in private practice that eventually took a toll on his "deteriorating health."

"I’ve been working like this for the last five years," he said.

"It’s even much better in private practice as I work only six days a week and I get to enjoy as much as a one-month vacation. Here in government, I feel guilty if I take a vacation because the work just piles up," he asserted.

Calling it a "vicious cycle," Marcelo said he tried to slow down last June but later felt "agitated" about the work backlog.

"I couldn’t even sleep. I pity my wife. I have been suffering from insomnia for one month," he said. "I’m not suited for this kind of work. There’s just too much work."

With his resignation, Marcelo gave up a potential seat in the Supreme Court as Chief Justice Hilario Davide Jr. is about to retire on Dec. 20 when he turns 70.

"I’d rather think of my family. I want to go back to private life. I want to live a simple and quiet life. I have no other ambitions," the Ombudsman said. "My inclination is to go on to academe, but in private, not in government."

It was under Marcelo’s watch as Solicitor General that the Presidential Commission on Good Government (PCGG), headed by the late Haydee Yorac, won several of its case against deposed President Ferdinand Marcos and his cronies, particularly the coco levy cases.

As Ombudsman, it was also he who filed plunder charges against retired Maj. Gen. Carlos Garcia, along with members of his entire family, for alleged ill-gotten wealth amounting to as much as P300 million. The case is still pending at the Sandiganbayan.

Five-Man Ombudsman

Whether the country’s current presidential form of government shifts to parliamentary form through convening a constitutional commission or a constituent assembly, Marcelo said he has something to propose to the persons tasked to amend the 1987 Constitution.

"There should be two, three or even five of us. There’s just too much power vested in me. It is concentrated on one person. There’s just too much power and too much work," he complained.

It should be a commission, he said, but decisions should not be "collegial" by nature, as with the 15-person Supreme Court. "Every case should be raffled off among the five Ombudsmen, so that nobody knows who will be the final approving authority," he said.

"It’s really a relay race, it’s not a marathon," Marcelo maintained. He also admitted it is very difficult to work in government with the lack of resources. "But you just have to do it. I have no regrets joining the government," he added.

In his letter to Mrs. Arroyo, he thanked the President for having trust and confidence in his capacity as a lawyer.

"I would like to thank Your Excellency for granting me this privilege of rendering government service. My time in public service has given me the most fulfilling years of my law career," he stated in his single-page letter. — With Paolo Romero