Transparency urged in choosing Ombudsman

An anticorruption watchdog on Sunday called on the Judicial and Bar Council (JBC) to ensure a transparent and impartial selection process for the candidates it will recommend for the post of Ombudman, which will be vacated by Samuel Martires upon his retirement on July 27.
Democracy Watch Philippines, in a statement sent to the Inquirer, also said the next Ombudsman must demonstrate a proven track record of “independence, integrity, and an unwavering commitment to fighting corruption.”
The JBC has already received 17 applications from big names in the legal profession, among them justices and former government officials.
“The public deserves an Ombudsman who will act without fear or favor, and who will play a key role in restoring trust in our democratic institutions,” said Democracy Watch, whose lead convener is Victor Andres “Dindo” Manhit of think tank Stratbase Group.
It noted that with a fixed seven-year term, the next Ombudsman will serve well beyond the current administration, “making this a decision with lasting implications for public accountability.”
“The current roster of applicants must undergo the highest level of scrutiny. This process must go beyond technical qualifications. In an era where public institutions are tested by political pressure and growing distrust, the Ombudsman must be a bulwark of integrity, answerable only to the Constitution and the Filipino people,” it said.
Applicants, panel interviews
The applicants to the post include incumbent Supreme Court Associate Justice Samuel Gaerlan, former Bureau of Internal Revenue (BIR) Commissioner Kim Jacinto-Henares and former Commission on Audit (COA) Chair Michael Aguinaldo.
Gaerlan, appointed to the Supreme Court in 2020 during the Duterte administration, is competing against Associate Justice Michael Musngi and newly retired Associate Justice Mario Lopez.
Henares, described as a “feisty” tax chief, served as BIR commissioner from 2010 to 2016, following her stint as the bureau’s deputy commissioner for the special concerns group from 2003 to 2005.
Aguinaldo, currently the chair of the Philippine Competition Commission, previously led the COA’s special audit of the government’s pandemic procurement deals with Pharmally Pharmaceutical.
Also on the list of applicants are Sandiganbayan Presiding Justice Geraldine Econg, Court of Appeals (CA) Associate Justice Bautista Corpin Jr. and Justice Secretary Jesus Crispin Remulla, who earlier confirmed his intent to apply.
Other candidates include Human Rights Commissioner Beda Epres, Deputy Executive Secretary Lisa Logan, Interior Undersecretary Romeo Benitez, Philippine Charity Sweepstakes Office Chair Felix Reyes, and PDP-Laban secretary general Melvin Matibag.
The list is rounded out by retired CA Associate Justice Stephen Cruz, trial court Judge Jayson Rodenas, retired Judge Benjamin Turgano, and private lawyer Jonie Caroche.
Public panel interviews are tentatively scheduled on July 30, July 31, Aug. 1 and Aug. 4, the JBC said.
Extensive experiences
National Union of Peoples’ Lawyers president Ephraim Cortez said the applicants have extensive experiences in the bureaucracy either in the executive department or the judiciary.
“However, the test of the pudding is in the eating. We will not [know] how they perform and how independent and impartial [they are until] they assume office,” Cortez told the Inquirer on Sunday.
He emphasized that the country needs an Ombudsman who is “independent, impartial and fearless” and “not susceptible to pressure from powers that be.”
The Ombudsman is tasked with investigating and prosecuting government officials accused of crimes, including graft and corruption.
Appointed by the President from a shortlist submitted by the JBC, the Ombudsman serves a nonrenewable seven-year term and can only be removed through impeachment.
Controversies
The Office of the Ombudsman has often found itself mired in controversy, a pattern that continued during Martires’ tenure.
In 2020, he issued a memorandum circular restricting access to government officials’ statements of assets, liabilities and net worth (SALNs), a move widely criticized for contradicting Duterte’s earlier issuance of Executive Order No. 2, which created a mechanism for public access to government information.
In December 2024, Martires declared that his office had “no jurisdiction” to investigate Vice President Sara Duterte’s alleged assassination threat against President Marcos, first lady Liza Araneta-Marcos and Speaker Martin Romualdez.
He made the statement in response to Justice Undersecretary Jesse Andres’ remark that the Vice President “is not immune from suit and she can be subject of any criminal and administrative case” within the Ombudsman’s jurisdiction.
Last month, Martires ordered Duterte and nine other officials from the Office of the Vice President and the Department of Education—which she previously headed—to respond to House-initiated complaints over her alleged misuse of confidential funds.