Ombudsman explains termination of probe into Duterte 'wealth'

The Office of the Ombudsman in Quezon City. File photo

MANILA, Philippines (Updated 4:48 p.m.) — The Office of the Ombudsman on Thursday confirmed that it has terminated its probe into the alleged hidden wealth of President Rodrigo Duterte.

The Ombudsman said that it terminated the probe, which was prompted by a complaint filed by Sen. Antonio Trillanes IV, "after the Anti-Money Laundering Council declined to provide a report or confirmation on the requested vital data."
 
Solicitor General Jose Calida on Tuesday announced that the Office of the Ombudsman dropped the probe on Duterte's hidden wealth in November last year.

Calida made public the letter-reply he received from Overall Ombudsman Melchor Carandang informing him that the probe was dropped on Nov. 29, 2017. 

The solicitor general said that the letter did not state the grounds for the case's termination, but surmised: "It speaks for itself, when the case is dismissed, there is no evidence to support the complaint."

The Ombudsman, in confirming Calida's earlier announcement, clarified that it closed its fact-finding investigation when the dirty money watchdog did not provide documents pertinent to the case.

The office added that "by rule, '[a] closed and terminated field investigation is without prejudice to the refiling of a complaint with new or additional evidence." 

Trillanes, in his plunder complaint, alleged that Duterte had P2 billion in bank transactions.

Carandang, in September last year, was quoted in reports saying that his office received Duterte bank records that show "millions of pesos" in transactions. 

The Ombudsman official is currently facing a dismissal order from Duterte, through the Office of the Executive Secretary, for disclosing "false information" regarding the case.

Ombudsman not obliged to inform parties

The solicitor general also chided Ombudsman Conchita Carpio-Morales for failing to inform the public that the probe was stopped three months ago, adding that he would not have found out if he had not asked the office on the status of the probe.

"Ombudsman Carpio-Morales, being the Ombudsman, must be the protector of the people. She has the constitutional duty to publicize matters covered by the investigations when the circumstances so warrant and with due prudence," Calida added.
 
But the Ombudsman said that she is "not obliged to inform the subject of the fact-finding investigation about its outcome." 

The Ombudsman also noted that even Calida is aware of the confidentiality of fact-finding investigations.

"The confidentiality of proceedings was, in fact, recognized by the Solicitor General when he cited the exception that the Ombudsman has the power to publicize certain matters (e.g. whether or not to act upon an inquiry 'out of curiosity' or media requests for case status out of journalistic duty.)," the statement read.

It was also noted that Morales has earlier announced that she will take her hands of the case, citing her relations to Duterte.

"The Ombudsman could not have considered exercising such discretionary power relative to the complaints against the President due to her inhibition," the statement further reads. — with reports from Elizabeth Marcelo

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