SC defers ruling on Justice Ong anew

MANILA, Philippines - It is the third time that the Supreme Court (SC) has deferred ruling on the administrative case against Sandiganbayan Associate Justice Gregory Ong.

In full-court session Tuesday, justices decided to defer voting on the recommendation of retired SC associate justice Angelina Sandoval-Gutierrez, who investigated the administrative charges against Ong for gross misconduct, dishonesty and impropriety.

Spokesman Theodore Te said the SC did not give a reason for the postponement of deliberations first set last July.

The justices were not ready at the time and decided to reset voting to another month, but last month some of them again sought more time.

A member of the court told The STAR that they were confronted with a choice between ordering the dismissal from judicial service of Ong or just suspend him for a certain period.

“There are more justices who are considering the option to suspend (Ong),” the insider said.

Gutierrez had recommended the dismissal of Ong after finding out following investigation that Ong had committed “serious transgressions” when the Sandiganbayan fourth division that he chaired in 2010 had acquitted Janet Lim-Napoles of criminal charges arising from the questionable purchase of 500 Kevlar helmets for the Marines.

In her 34-page report, Gutierrez said Ong was guilty of gross misconduct, dishonesty and impropriety after he violated the New Code of Judicial Conduct for the Philippine judiciary.

Gutierrez recommended that that the SC also forfeit all of Ong’s  retirement benefits, excluding accrued leave credits, and prevent him from re-employment in any government office, including government-owned or controlled corporations.

Her report was based on the testimonies of Benhur Luy and Marina Sula.

Ong failed to back up his denial with evidence, Gutierrez said.

The STAR reported earlier that two justices had submitted their    drafts rejecting the  recommendation, but they agreed to uphold the findings that Ong is guilty of the charges.

However, they believe that dismissal would be too harsh a penalty.

The two justices wanted Ong to be suspended for either six or three months.

Their opinions were distributed to the other justices last July 1.

It was also learned that Associate Justices Diosdado Peralta and Teresita Leonardo-de Castro have inhibited in the administrative case since Ong was their colleague in the Sandiganbayan.

The SC started the administrative probe against Ong last January following an inquiry that it initiated in October last year on the sworn statements of Luy and Sula before the Senate Blue Ribbon committee that Ong was one of the personalities who had visited Napoles’ office and joined her parties.

Last August, an online news website published a photo of Ong partying with Napoles and Sen. Jinggoy Estrada.

Denying the charges, Ong said the photo could not have been taken in 2010 or earlier, and that he and Estrada have been friends since 1994.

Ong also denied favoring Napoles.

A Sandiganbayan division acting as a collegial body dismissed the Kevlar helmet case, he added.