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DoJ: Ombudsman has last say on GMA indictment By Benjamin B. Pulta and Gerry Baldo 07/03/2010

Saturday, July 3, 2010

DoJ: Ombudsman has last say on GMA indictment


By Benjamin B. Pulta and Gerry Baldo
07/03/2010
Justice Secretary Leila de Lima conceded that any case to be filed against former President Arroyo will end up with the Ombudsman even if initiated before the Department of Justice (DoJ).

De Lima, who started her first day as the DoJ chief, yesterday cited that under a memorandum of agreement, the DoJ’s investigatory powers need to be submitted to the Ombudsman “who will determine probable cause should the case be filed before the Sandiganbayan.”

Ombudsman Merceditas Gutierrez, a former Justice secretary herself, has long been criticized for allegedly being biased in favor of the Arroyo family.

Nonetheless, De Lima said the DoJ will leave no stone unturned in investigating the complaint filed by party-list group Bayan Muna against Arroyo in connection with the botched $329.48-million broadband contract with China’s Zhong Xing Telecommunications Equipment (ZTE) Corp.

De Lima said the legislative immunity from suit precludes immunity from investigation and asserted that her department has the authority to investigate criminal cases including violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act filed against incumbent and former government officials as per memorandum of agreement it signed with the Office of the Ombudsman.

De Lima said she will discuss with other officials of the DoJ the possibility of forming a panel of investigators that will probe the complaint filed by Bayan Muna through its representatives Teodoro Casiño and lawyer Neri Javier Colmenares.

It can be recalled that during his inaugural speech, President Aquino gave his marching orders to De Lima to ”begin the process of providing true and complete justice for all.”

“They can really file that kind of a case here because there is...an existing memorandum of agreement between the Ombudsman and the DoJ stating that when it comes to investigation of criminal cases including violating of the Anti-Graft and Corrupt Practices Act there is no rule on exclusivity. So, the DoJ or any other investigative body can conduct investigation before it is referred to the Ombudsman...” De Lima explained.... MORE

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/headlines/20100703hed4.html


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