4 Cabinet men face raps over martial law

MANILA, Philippines - Two lawmakers filed complaints with the Office of the Ombudsman yesterday against four Cabinet secretaries for their role in the declaration of martial law in Maguindanao.

The complaints for violation of Republic Act 6713, the Code of Conduct for Public Officials, were filed against Executive Secretary Eduardo Ermita, Interior Secretary Ronaldo Puno, Defense Secretary Norberto Gonzales and Justice Secretary Agnes Devanadera.

At Malacañang, deputy presidential spokesman Gary Olivar expressed confidence that the four officials would be cleared of all charges.

The four are capable of defending their position on the issue just as they did during the congressional hearings on Proclamation 1959, Olivar said.

The complaint is “gratuitous litigation,” Olivar said.

Akbayan Representatives Risa Hontiveros and Walden Bello said the facts gathered by the respondents do not constitute clear and valid basis for the issuance of Proclamation 1959 placing Maguindanao martial law.

Members of the Cabinet Security Cluster misused facts for an unlawful and unconstitutional purpose since President Arroyo did not need martial law to apply exiting laws to arrest and prosecute the perpetrators of the Maguindanao massacre, they added.

Hontiveros and Bello said arrests and searches without warrants based on mission orders were carried out in Maguindanao to the prejudice of people’s fundamental rights and freedoms guaranteed under the Constitution.

The penalty for violating section 7 of RA 6713 includes imprisonment of not more than five years and may warrant one’s removal or dismissal from public office, they added.

Hontiveros and Bello said Ermita, Puno, Gonzales, Devanadera, Armed Forces chief Victor Ibrado, and Philippine National Police chief Jesus Verzosa must also be held liable for violating the Ombudsman Act of 1989.

“When the President commits a supreme constitutional blunder, even the stooges must be made to pay,” Hontiveros said in a statement.

“Their statements during the joint session were an admission of their folly, and it is of utmost importance that they be held accountable.”

Bello said during the joint session of Congress, the Cabinet secretaries present were obviously speaking from a script.

“Their responses revealed that the declaration was hastily drawn up, misconceived, and unjustified,” he said.

“We fear that the declaration provided loopholes for the GMA’s allies to climb out of the murder charges.”

Hontiveros said the Cabinet secretaries who recommended the imposition of martial law violated section 7c(2) of the Code of Conduct for Public Officials and the various provisions of the Ombudsman Act.

“They misused the information that they received from the ground to rationalize the declaration of martial law despite the fact that the constitutional requirements in declaring martial law did not exist. In doing so, they are complicit in the illegal suspension of civil liberties in Maguindanao, thus making their actions prejudicial to public interest. That is prohibited under the Code of Conduct for Public Officials,” she said.

Under the Ombudsman Act, public officials are prohibited from committing omissions contrary to law, arbitrary ascertainment of facts, and acts devoid of justification, Hontiveros said.

Bello said the Cabinet Security Cluster had compromised national security.

“This should never happen again,” he said.

“We demand accountability for the decisions made and actions taken by the government.”

Ombudsman to assess charges

Assistant Ombudsman Jose de Jesus Jr. said the charges against Ermita, Puno, Devanadera and Gonzales are being evaluated to determine if they can be held liable for violating RA 6713.

“And if warranted, we will proceed with the usual preliminary investigation and administrative adjudication,” he said.

De Jesus said the complaint, which is still with the anti-graft agency’s Central Records Division, will be forwarded to the officer-of-the day who will study the allegations and recommend action. -- Michael Punongbayan, Marvin Sy