Morales demeans her office

Batas Mauricio

SEN. Grace Poe has a point, whether or not she will continue being a presidential candidate in the 2016 elections: Ombudsman Conchita Carpio Morales showed favoritism once again in her decision excluding Transportation Secretary Joseph Emilio Abaya from the graft charges stemming from the million-peso maintenance contract for the MRT, which she found to be reeking with graft.

Clearly, the decision of Morales is another manifestation of her (and the Aquino government’s) double standard of justice, especially since she chose to sue only the former MRT General Manager, Al Vitangcol, in connection with that contract. This is a clear giving of unwarranted favor and benefits to people who enjoy close relationships with President Aquino.

As Poe observed, it was Abaya who consented to the maintenance contract, and it was his signature that sealed the effectivity of that agreement. Why then, all of a sudden, did Morales remove the secretary from those whom she sued for graft and corruption over the issue? Clearly, Morales not only abused her office. She also demeaned her position in her desire to favor a fellow official.

The truth is that, what Morales did in giving favor to Abaya also constituted graft and corruption. This is what Section 3 (e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, provides, when a government official, like Morales, gives undue advantage in favor of another government official in the discharge of his or her functions.

I am  confident that after President Aquino steps down from power in 2016, there is no more official who will cover up or protect Morales, who faces the prospect of being sued herself for graft and corruption, including possible impeachment from her post courtesy of Congress (just like what the allies of Aquino did when he became president).

As far as I see it, it would be to the best interest of everybody if Morales is sued over her actions as Ombudsman, not only so she will have the chance of proving that she acted above board all the time, but, likewise, so her detractors can prove their accusations against her, if there be any.

On the other hand, is there any remaining remedy for those who wanted Abaya included in the graft charges pertaining to the MRT maintenance contract, now that Morales already cleared him? The answer is, yes, he can still be sued all over again in the future, especially after Aquino leaves Malacanang, and after Ombudsman is gone from her post.

First, the decisison of Morales favoring Abaya can still be set aside by the incoming Ombudsman. The truth is that, Morales’ decision cannot be considered to have completely cleared Abaya, because that is a decision of a mere prosecutor  or fiscal only, not of the courts. As it were, there is as yet no double jeopardy in his favor.

Second, it is also clear that the right of the government to run after those who committed corruption while they were in office is not easily removed. The government has a long period of time to review a case involving corruption, exactly in the manner that the Aquino-Galman double murder case was reviewed when the first Aquino presidency took over.

E-mail: batasmauricio@yahoo.com