MANILA, Philippines - The Supreme Court justice who penned the SC ruling that paved the way for the impeachment of Merceditas Gutierrez in the House of Representatives wants to be the next ombudsman.
Associate Justice Conchita Carpio-Morales, who was handpicked by President Aquino to administer his inaugural oath last year, has accepted her nomination as ombudsman through a letter sent to the Judicial and Bar Council (JBC) on Monday afternoon.
This was confirmed yesterday by her son and chief of staff, Umberto Morales.
Justice Morales was nominated to the ombudsman post by three groups: the UP Law Alumni Association, Transparency International Phils., and Women Lawyers Association of the Philippines Inc.
An insider said Aquino offered the Ombudsman post to Morales in an earlier occasion they had attended with retired chief justice Artemio Panganiban.
In that event, the President himself wrote a note for Morales asking if she wanted to become the next Ombudsman. Morales, according to the source, sent the President a reply note: “If Chief Justice Panganiban will endorse me.”
Morales wrote the majority ruling of the SC last February that dismissed the petition of Gutierrez seeking to stop the House committee on justice from proceeding with the consolidated impeachment complaints against her filed by former Akbayan Rep. Risa Hontiveros and the militant group Bagong Alyansang Makabayan (Bayan) last year.
Her decision held that the House committee did not violate the one-year constitutional ban on successive impeachment proceedings against an official-contrary to the claim of Gutierrez. It explained that the impeachment case against Gutierrez involves only one proceeding since the two complaints filed on July 22 and Aug. 3 last year were referred to the House committee together on Aug. 11. Morales, who is set to retire from the judiciary next month, joined 26 others who accepted their nomination to the post in JBC’s initial list of candidates for Ombudsman.
RA 6770 (Ombudsman law) provides that the Ombudsman to be appointed by the President should have “recognized probity and independence” from political influence - especially of the appointing authority. It can be recalled that the appointment of Gutierrez in 2005 was criticized because of her close link to the former President Gloria Macapagal-Arroyo.
The Constitution stipulates that the Ombudsman must be a natural born citizen of the Philippines, at least 40 years old, a member of the Philippine Bar, and must not have been a candidate for any elective national or local office in the immediately preceding election whether regular or special. The Ombudsman, who has a fixed term of seven years, must have at least 10 years experience as a judge or law practitioner in the Philippines. Other candidates in the initial JBC list are: Acting Ombudsman Orlando Casimiro, Justice Undersecretary Leah Armamento, former justice undersecretary Jose Calida, former solicitor general Francisco Chavez;
Alternative Law Group head Marlon Manuel and Free Legal Assistance Group chair Jose Manuel Diokno, former solicitor general Francisco Chavez, former ambassador Roy Señeres, former justice secretary Artemio Tuquero, Deputy Ombudsman for the Visayas Pelagio Apostol and Ombudsman prosecutor Wilbert Candelaria, crusading lawyer Ernesto Francisco, Court of Appeals Executive Justice for the Visayas Portia Alino-Hormachuelos;
human rights lawyers Harry Roque and Arno Sanidad, law professor Francis Jardeleza, Judge Amelia Infante, lawyers Alfredo Agawa, Pedro Aquino, Hubert Guevarra, and Florencio Villarin. Former chief justice Reynato Puno and Justice Secretary Leila de Lima were earlier nominated to the post, but both declined the endorsement. The eight-man council chaired by Chief Justice Renato Corona is set to meet next Monday to start screening the candidates.