Ombudsman rejects ex-poll commissioner’s plea over Comelec DQ case
The Office of the Ombudsman is standing by its decision to indict former Commission on Elections (Comelec) Commissioner Rowena Guanzon for allegedly disclosing “confidential” information on the disqualification cases against then-presidential candidate Ferdinand Marcos Jr. in the 2022 polls.
In a Sept. 20 order, the Ombudsman rejected Guanzon’s motion for reconsideration and supplemental motion for reconsideration, saying that the former poll body official’s arguments “[did] not raise any new or substantial legitimate ground or reason to justify the reconsideration sought.”
It maintained that Guanzon “acquired valuable information” and “prematurely divulged” the identity of the ponente and her vote regarding the case of Marcos in the Comelec’s First Division, which she presided over at the time.
“She divulged this information while the cases were still pending and were being considered by the Comelec… and before the official release of their resolution,” the seven-page order read.
The graft investigator also asserted its jurisdiction over the preliminary investigation of the case, citing a 2011 Supreme Court ruling that affirmed the Ombudsman’s authority to file charges against individuals who may have left public office.
Aside from violating Section 3(k) of the Anti-Graft and Corrupt Practices Act, Guanzon was also accused of violating Article 229 of the Revised Penal Code and Sec. 7(c) of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
These provisions all pertain to rules on revealing classified public information by any government personnel or official.
In her motion, Guanzon argued that the Ombudsman erred in finding probable cause to hold her liable for graft and in ruling that Comelec rules apply to her case.
Guanzon stressed that there were “no records of proceedings… or documents that were disclosed in the interviews,” and that nothing in the actual information attributed to her in media reports was “legally and institutionally considered confidential.”
Confidential information
Guanzon’s pleading was in response to the Ombudsman’s July 5, 2023 findings on the charges filed by lawyer Ferdinand Topacio and Diego Magpantay, both of Citizen’s Crime Watch.
Citing Comelec Resolution No. 10685, the Ombudsman agreed with the plaintiffs that information and documents obtained while holding public office are deemed confidential.
It also referred to a Supreme Court en banc resolution that prohibits the disclosure of the identity of the author of a ruling, a regulation that also applies to Comelec.
The complaint stemmed from the two separate media interviews where Guanzon disclosed her vote for Marcos’ disqualification and identified Comelec Commissioner Aimee Ferolino as the author of the Comelec resolution.
Guanzon also claimed in the media interviews that Ferolino “intentionally delayed” the issuance of the resolution so that she would miss casting her vote. INQ
