By ARIES C. RUFO
abs-cbnNEWS.com/Newsbreak


The man who successfully prosecuted former President Estrada on plunder charges is being eased out from the Office of the Special Prosecutor (OSP), in what Ombudsman sources say could adversely affect the drive against corruption in government.

Special Prosecutor Dennis Villa-Ignacio confirmed with abs-cbnnews.com/Newsbreak that a bloc identified with Ombudsman Merceditas Gutierrez is clipping his powers and making life hard for him, even filing a P26,000-estafa case against him before the Ombudsman’s Internal Affairs Board.

Villa-Ignacio was reacting to a Philippine Star report that a power struggle was behind the conflict in the Office of the Ombudsman and that he has been “locking horns” with Gutierrez.

“How can they claim there is a power struggle when they’re getting all the powers and leaving none to others,” Villa-Ignacio said.

Villa-Ignacio said an estafa case has been filed against him and is now pending with the Ombudman’s Internal Affairs Board.  The IAB acts as the ombudsman within the Office of the Ombudsman.

“They want me out by all means,” Villa-Ignacio told us.

We sent a letter to Gutierrez with a list of questions but she has not replied. We also sent text messages to Assistant Ombudsman Mark Jalandoni and Ana Sanchez, both in charge of media relations, and spokesman Jose de Jesus but they have not responded either. We called the office of the Ombudsman to follow up our request but, as of this posting, they have not sent their replies.

Independent

Known to be independent-minded, Villa-Ignacio takes positions that have put the Arroyo government in embarrassing situations.

In 2006, he castigated then Presidential chief of staff Michael Defensor for suggesting that Malacanang was open to the idea of giving President Estrada temporary freedom. He said Malacanang should not meddle in legal issues. He also spoke openly against the pardon on Estrada, which came shortly after his conviction.

Villa-Ignacio is handling the case against retired Armed Forces comptroller Major General Carlos F. Garcia. The Ombudsman filed before the Sandiganbayan in April a P303-million plunder case against Garcia, his wife and their children for illegal accumulation of wealth. No bail was recommended for all the accused.

His independence of mind has  earned the ire of some Ombudsman officials, insiders say. This group has been trying to undermine Villa-Ignacio’s authority in the OSP.

Dismal conviction record

The sources refer to Office Order 22 issued by Gutierrez in January this year, a copy of which was obtained by abs-cbnnews.com/Newsbreak, ordering Villa-Ignacio’s subordinates to report to her office “at least once a week.” Covered by the order are Deputy Special Prosecutor Robert Kallos, Acting Deputy Special Prosecutor Wendell Sulit, Acting Deputy Special Prosecutor Jesus Micael and director John Turalba.

We learned from insiders that this is the first time that an Ombudsman made such requirement for OSP officials.  

The frosty ties between the Special Prosecutor and Ombudsman, who has usurped decision-making process from the review and filing of cases to travel orders and the issuance of intelligence funds, has resulted to the poor quality of cases being filed in the Sandiganbayan.

The conviction rate record this year has been dismal. Based on data prepared by OSP supervising administrative officer Severo Sotto, out of 97 decided cases by the anti-graft court, only 14 led to convictions, or a 14.43 percent average from January to June this year.

In March, 21 cases led to acquittal and only one led to conviction. The May data was even worse: out of 29 decided cases, only one led to conviction.

The Ombudsman’s record in June was worst. All 13 decided cases led to acquittal. (See Research)

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Frivolous case

The estafa complaint, filed by prosecutor Elvira Chua, stemmed from a fund-raising drive that Villa-Ignacio initiated in 2006 for victims of typhoon Milenyo. The fund-raising drive was meant to help residents of Quezon province, one of the hardest hit by the typhoon. Villa-Ignacio suggested that they finance the construction of a deep well.

During the flag ceremony where Villa-Ignacio announced the fund-drive, Chua declared that she was donating P26,000.  The check was received by Villa-Ignacio’s office.

However, because no contractor would be willing to go to Quezon at that time because of impassable roads, Villa-Ignacio decided to give the money to Gawad Kalinga, which was then already involved in providing shelter to the typhoon victims in Quezon. Villa-Ignacio said the complainant was aware of this, as she was present when he announced that Gawad-Kalinga would be the beneficiary.

For some reason, two years after the incident, Chua decided to file an estafa case against Villa-Ignacio. The complainant submitted as part of the documents the receipt from Gawad-Kalinga that the group received the money.

Where’s deceit?

Villa-Ignacio said he could not fathom why the IAB gave due course to the complaint considering the circumstances. He said any lawyer would conclude that the case is dismissible for lack of merit. “Where is the intent to gain there?  The basic concept was to help the typhoon victims and it did. There is no element of deceit,” he said.

Most importantly, there was no criminal intent, Villa-Ignacio, a former Makati presiding judge, stressed. “I did not even receive the money. It was received by my office, there was a receipt and official receipt from the GK,” he said.

Villa-Ignacio pointed out that he had “disciplined” Chua in the past for alleged involvement in mishandling a “celebrated” case. She now reports to Gutierrez’s office.

The complaint, he said, “is insulting and revolting. I have never been involved in any anomaly, I have never touched other people’s money,” he said. Villa-Ignacio is former assistant Ombudsman and recipient of the Judicial Excellence Awards given by the Supreme Court.

He said the group violated the procedure of raffling the case, to ensure that it is handled by over-all deputy Ombudsman Orlando Casimiro. Casimiro is perceived to be in the graces of Gutierrez.

He said he received the complaint without the docket that would enable him to file his counter-affidavit. The docket indicates the period within which he should file his counter-affidavit.

Protection for post-2010?

Asked what could be the motive of the group, Villa-Ignacio said he has a suspicion but declined to discuss it.

Sources in the Ombudsman however said this may have something to do with the political future of President Arroyo after 2010. They pointed out that they want to ensure that a friendly Special Prosecutor will be at helm after Arroyo steps down.

The Special Prosecutor, like the Ombudsman, the different deputy Ombudsmen and members of other constitutional offices, has a seven-year term. Appointed in Feb. 2003, Villa-Ignacio’s tenure ends in Feb. 2010.

His retirement falls during the ban on appointments prior to the May 2010 presidential elections. Thus, the next Special Prosecutor will be appointed by the next President.