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Ombudsman has dreadful conviction rate in 1st half of '09

abs-cbnNEWS.com | 09/01/2009 12:49 AM

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MANILA - If the graft case against former Commission on Elections chairman Benjamin Abalos and former National Economic Development Authority director general Romulo Neri is filed, tried and submitted for decision at the Sandiganbayan today, the two would have exactly 88.14 percent chance of beating the rap.

This is judging from the 11.86 percent conviction rate posted by the Office of the Ombudsman for the first half of 2009.

Figures obtained late Friday from the Sandiganbayan showed government prosecutors scored 22 convictions and one guilty plea from January to June 2009 against a total of 194 accused in 168 resolved cases.

Acquittals over the same period totaled 94; dismissed cases numbered 44; 13 were dismissed after trial; 11 were withdrawn by the Office of the Special Prosecutor; and nine were sent to the archives for lack of progress.

Among the more prominent cases lost by the Ombudsman were the perjury charge against retired Maj. Gen. Carlos F. Garcia, former Armed Forces of the Philippines comptroller, which ended in an acquittal last June 18; and the graft charge against Cebu lamppost contractor Isabelo A. Braza which was dismissed last March 18.

Only last month, the Sandiganbayan also junked a graft case against Bataan Gov. Enrique Garcia and his 10 co-accused for lack of evidence.

Also last July 28, the graft court’s Second Division threw out the Ombudsman’s graft case against all public works officials indicted for alleged irregularities on the purchase of decorative lampposts in Cebu.

In its ruling, the Sandiganbayan cited the prosecution’s own admission made in open court that it did not have enough evidence to support its allegations against any of the defendants.

Ombudsman record getting worse

In comparison with its conviction records at the Sandiganbayan over the past 30 years, the Ombudsman’s figures at present is actually much worse.

Based on data compiled from 1979 to 2008, government prosecutors have scored less than three convictions for every 10 criminal cases filed against erring public officials.

Of 29,531 criminal cases decided by the Sandiganbayan since 1979, only 8,477 resulted in guilty verdicts which translates to a 28.71 conviction rate.

The number of cases disposed does not include civil lawsuits, appealed cases from lower courts and special civil actions.

A total of 9,190 cases were archived; 3,213 acquittals; 4,192 cases dismissed with or without trial; 2,842 cases transferred to other courts or returned to court of court of origin; 1,580 cases withdrawn by the Ombudsman; and 37 indictments returned for review by prosecutors.