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Monday, May 7, 2012

Enrile: Ombudsman has right to probe Corona, with or without impeachment




Despite protestations by Chief Justice Renato Corona’s lawyers, the Ombudsman has the power to probe the impeached magistrate for his alleged hidden wealth, Senate President and impeachment court presiding officer Juan Ponce Enrile said over the weekend.

In an interview on dzBB radio Sunday, Enrile said Corona, like any government employee, can be slapped with charges by the Ombudsman, “impeachment or no impeachment.”

“Basta may kaso, impeachment or no impeachment, (she) can file a case against anybody who is a government employee. Basahin ninyo ang Article 11 (of the Constitution), powers of the Ombudsman,” he said.

Corona's camp cried persecution last week when the Ombudsman ordered Corona to explain some $10 million in supposed bank accounts.

Corona's camp said it would be better for the Ombudsman to stay away from the issue of the alleged bank accounts and wait for the defense panel to present its evidence before the impeachment court.

Enrile said the 1987 Constitution gives the Ombudsman broad powers, including investigating anyone including the president for alleged irregularities.

The only “limit” of the Ombudsman is that it cannot sue an incumbent president, who enjoys special immunity from prosecution during his or her term, he added.

“Ako, pwede akong kasuhan ng Ombudsman. Pati presidente pwedeng imbestigahan, only they cannot file a case against him during his tenure kasi may special immunity ang presidente,” he said.

Under Article XI, Sec. 12 of the 1987 Constitution, the Ombudsman can act promptly on complaints filed in any form or manner “against public officials or employees of the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.”

Section 13 of the same Article allows the Ombudsman to investigate any act or omission by public officers on its own. It can also “(p)ublicize matters covered by its investigation when circumstances so warrant and with due prudence.” — RSJ/HS, GMA News

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