Imee Marcos case hinders Remulla’s application for Ombudsman post
Justice Secretary Jesus Crispin Remulla and Philippine Charity Sweepstakes Office Chair Felix Reyes Jr., who are both applying for Ombudsman, have been told they must first be cleared by the Office of the Ombudsman in their pending cases to be considered for the post.
According to Supreme Court spokesperson Camille Ting, the Judicial and Bar Council (JBC) gave Remulla and Reyes until the final day of deliberations, which is scheduled “in the next few weeks,” to submit the required clearance.
“If they still do not have Ombudsman clearance by that day, they cannot be considered or included in the shortlist [of candidates],” Ting told reporters on Tuesday.
Under Section 5 of the JBC’s Revised Rules, applicants with pending criminal or administrative cases are disqualified from being nominated for appointment to any judicial post, as well as the positions of Ombudsman, Deputy Ombudsman, Special Prosecutor or chair or regular member of the Legal Education Board.
Reports surfaced on Aug. 8 that Remulla was disqualified from the race due to the charges filed against him by Sen. Imee Marcos in connection with the March 11 arrest of former President Rodrigo Duterte, who is facing charges before the International Criminal Court in The Hague for his drug war.
The DOJ chief and several others are accused of arbitrary detention under Article 124 of the Revised Penal Code, usurpation of judicial functions, violation of the Anti-Graft and Corrupt Practices Act, and violation of Republic Act No. 7438, which defines the rights of detained persons.
As for Reyes, Ting said she was not aware of the nature of the case against him.
Speaking to reporters after his JBC interview, Remulla admitted he has yet to obtain clearance from the Ombudsman, saying he would file a motion to resolve the case against him “as soon as possible.”
He and Reyes were part of the final batch of applicants interviewed by the JBC, along with Albay Metropolitan Trial Court Presiding Judge Jason Rodenas and retired Judge Benjamin Turgano.
Post ‘weaponized’
Early in his interview, Remulla made his mission clear if he secures the post: To end the “weaponization” of the Ombudsman for political purposes.
Arguably one of the more well-known applicants for the post, the DOJ chief, despite being a political appointee, assured the JBC and the public of his independence, citing his track record in politics that started in 2003.
“I can always walk away from politics like when I was expected to take [over from my] father [former Cavite Gov. Juanito Remulla Sr.] in 1995 because it was not the right time. Politics can take a backseat to the more urgent things we need to do,” he said.
He also hinted twice at how he was personally affected by “inefficiencies” in securing a government clearance, saying he wants to establish a system to address the problem.
“We have to have a system to get rid of the backlogs that are pending there because many people cannot get a clearance for some reason and some cases are pending for the past few years. And I think it’s unfair for people to be left holding the bag for something that is maybe a problem with efficiency,” Remulla said.
With the conclusion of the JBC panel interviews, Ting said the council would now compile the results of the applicants’ psychological evaluation, written exam, interviews and feedback from public surveys or other complaints lodged against them.
The JBC will then hold a preliminary deliberation to rank applicants from most to least preferred, followed by a final deliberation to draw up a shortlist for submission to the Office of the President.
Four votes needed
Each applicant must secure at least four votes from the six-member council to be included in the shortlist.
The JBC originally has seven members: the Chief Justice, the DOJ secretary and representatives from Congress, the Integrated Bar of the Philippines, academe, retired justices, and the private sector.
“But since [the justice secretary] is a member and an applicant, he will not be able to vote so four out of six,” Ting said.
She noted that President Marcos has until Oct. 25, or three months after former Ombudsman Samuel Martires stepped down, to appoint a new Ombudsman.
Sen. Marcos, meanwhile, claimed that Remulla’s appointment as Ombudsman is part of a political move to jail Vice President Sara Duterte before the 2028 elections.
“They will insist on making [him] Ombudsman to detain VP Inday Sara before 2027—and not just Inday Sara, but all the Dutertes, their allies, maybe even me,” she said in a press briefing on Tuesday.
“It’s the new … effort to get rid of VP Sara before 2028. And since the Peoples’ Initiative failed, the impeachment failed, therefore, the third attempt is lawfare at its very worst. Imprison Inday Sara, all the Duterte allies … to be harassed by cases with a new Ombudsman,” she added. —WITH A REPORT FROM TINA G. SANTOS
