MANILA, Philippines — The Office of the Ombudsman has found probable cause to indict former Commission on Elections Commissioner Rowena Guanzon for two counts of violation of the Anti-Graft and Corrupt Practices Act.
According to the Ombudsman’s resolution obtained by Philstar.com from lawyer Ferdinand Topacio, one of the individuals who filed a complaint against Guanzon, the former poll body official allegedly disclosed confidential information prematurely during two media interviews.
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Topacio and Diego Magpantay filed the complaint against Guanzon on May 27, 2022.
“WHEREFORE, this Office finds probable cause to indict respondent Ma. Rowena Amelia V. Guanzon for two counts of violation of Section 3(k) of Republic Act (R.A.) 3019, as amended, for prematurely disclosing confidential information…Let the corresponding information against her be filed with the appropriate court,” the 12-page resolution ot the Ombudsman read.
Section 3 (k) of the R.A. 3019 or the Anti-Graft and Corrupt Practices Act is one of the definitions of corrupt practices by public officers.
"Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date," it states.
The resolution mentioned that Guanzon had first revealed her decision to disqualify then presidential aspirant, Ferdinand Marcos Jr., to Sandra Aguinaldo of GMA News on Jan. 27, 2022.
The former Comelec commissioner also revealed the name of the ponente, Commissioner Aimee Ferolino and discussed her separate opinion with Rappler.com’s Paterno Esmaquel II the following day.
“With respondent’s improper disclosure of confidential information, this Office finds probable cause to indict her for violation of Section 3 (k) of Republic Act No. 3019,” the Ombudsman's resolution read.
It can be recalled that Guazon was the presiding commissioner of Comelec’s first division that heard the disqualification cases against Marcos, on grounds related to his non-filing of Income Tax Returns for four years. The said case was brought to the Supreme Court on May 17 but was dismissed.
Meanwhile, the Ombudsman, dismissed the complainant's argument that the former commissioner violated Section 7 of the Code of Conduct and Ethical Standards for Public Officials and Employees. The Section 7 states that "public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office."
“Complainant failed to present proof that respondent was motivated by any private interest or that she gave any private party unwarranted benefits, which prompted the disclosure of the information. There is also no proof that respondent intended to prejudice the public interest with such disclosure,” the Ombudsman said.
The Ombudsman also junked the complaint that Guanzon violated Article 229 of the Revised Penal Code or the Revelation of secrets by an officer.
“In the present case, the information revealed by respondent are not secret and there is no evidence that said premature disclosure of the information caused damage to public interest,” it said.
The Ombudsman's resolution is dated July 25, 2023.
According to a report by SuperRadyo DZBB, Guanzon will file a motion for reconsideration before the Ombudsman.
In a separate post on X (formerly Twitter), the former Comelec commissioner explained that the poll body no decision yet when she disclosed her vote.
“Wala pa naman botohan noong na-interview ako, kaya walang vote ako na na-disclose,” Guanzon said on X.
(When I was interviewed, there was no voting yet, so I didn't disclose any votes.)