‘Military officials facing plunder raps not yet off the hook’

MANILA, Philippines - The Office of the Ombudsman clarified yesterday that the respondents in the plunder case involving welcome and sendoff gifts to military officials are not yet off the hook.

The anti-graft agency said the decision clearing former Armed Forces of the Philippines (AFP) chiefs-of-staffs and other military officials may still be appealed.

Ombudsman Conchita Carpio-Morales recently approved the recommendations of a panel of prosecutors and graft investigators to dismiss the charges against the respondents for insufficiency of evidence.

The panel twice reviewed the findings of the Department of Justice, which conducted the preliminary investigation into the complaint for plunder filed by whistleblower George Rabusa.

“It is up to the parties to avail, if they so wish, of the remedy of filing a motion for reconsideration. This is why the office has been silent in discussing or explaining the merits of the case outside of those written in the approved report. One party might charge us of opening another party’s eyes on what to do,” Morales said.

Justice Secretary Leila de Lima earlier expressed disappointment over the Ombudsman’s decision, saying there was a strong case against the respondents, including AFP chiefs of staff Diomedio Villanueva, Roy Cimatu and Efren Abu and former comptrollers Carlos Garcia and Jacinto Ligot.

Contrary to allegations that the Ombudsman did not utilize its case build up mechanism to strengthen the case, Morales said among the recommendations she approved was the conduct of fact-finding investigations on the alleged misuse or irregular purchase of unmanned aerial vehicles and fraud audit on a “Balik Baril program,” utilization of MNL personal service funds, allotment advices and purchase of Howitzer ammunition from Thailand and the bank account which Rabusa claims to have opened and maintained.

Morales said the Office of the Ombudsman has been conducting case build-ups since September 2012, including requesting Commission on Audit chair Ma. Grace Pulido-Tan to submit COA audit findings on the projects.

She said she expected to complete the case build-up after the Ombudsman panel reports were approved.

But with additional time needed by the field investigators, letters requesting early resolution of the review of the DOJ resolution and additional or new evidence, she said the anti-graft agency decided to release its panel report on the recommendations of the Ombudsman panel.