Ombudsman yes, DOJ no
Tupas, Capadosa turn down Gonzalez’ order for official reply

By Florence F. Hibionada

An official order for specific action from the Department of Justice (DOJ) has been officially turned down by two top Capitol officials.  Reason? It is not the department’s business to demand for an explanation from them and beyond its mandated jurisdiction.  Or so the contention goes by respondent-officials, Governor Niel Tupas and Second District Board Member Cecilia Capadosa.

In a three-page letter sent to the DOJ Manila yesterday (Thursday), the Governor jointly made said position with the lady board member sending a clear message to DOJ Secretary Raul Gonzalez.

“This is in connection with your letter dated 12 September 2005 which requires us to explain/comment under oath within seven (7) days from receipt the letter complaint for dishonesty, grave misconduct in office and commission of an offense involving moral turpitude dated September 1, 2005 filed by the officers and members of the Iloilo People’s Graftwatch Inc,” the letter a copy of which was obtained by The News Today began.  It continued by informing the Justice Secretary the existence of Administrative Order No. 23 which prescribes the rules and procedure on the investigation of administrative disciplinary cases against elective officials of provinces, highly urbanized cities, independent component cities among others.

As such, the duo averred, “it is clear that the Department of Justice has no jurisdiction in administering investigations involving elective local government officials.  Thus, we regret to inform you that we cannot submit any explanation/comment to your office on the subject letter complaint filed by the Iloilo People’s Graftwatch Inc.”

Yet Tupas and Capadosa added to state their innocence on the charges saying “it has no other purpose than to malign the good reputation of the undersigned officials for vested political interest of some people.”

The letter ended with the two Capitol officials putting on record how they reserve their rights to submit a detailed answer or responsive pleading “in the proper forum.”
Pressed for further details, lawyer Salvador Cabaluna, Provincial Legal Office chief told The News Today that it is still the Office of the Ombudsman which they believe is the proper forum.

“That is precisely the reason why we submitted to the Ombudsman order for a reply in the previous complaints also filed by the Graftwatch.  But not the DOJ.  We are clear about that,” he explained.

To recall, Secretary Gonzalez in Department Order No. 502 dated September 13, 2005 designated a five-man team tasked to probe Tupas and Capadosa.

Docketed as I.S. No. 2005-9131, complaints for malversation, falsification, dishonesty, grave misconduct and offenses involving moral turpitude were lodged against the two by Msgr. Meliton Oso.

“In the interest of the service and pursuant to the Memorandum of Agreement between the Office of the Ombudsman and the Department of Justice dated November 12,2004 and Department Circular No. 36 dated August 26, 2005, a panel of prosecutors and lawyer is hereby created,” DOJ Department Order No. 502 stated.

Chairman is Senior State Prosecutor Leo Dacera, vice chairman is Regional State Prosecutor Domingo Laurea Jr., with members, Provincial Prosecutor Bernabe Dusaban, 1st Assistant Provincial Prosecutor Jaime Umpa and lawyer, Eldrid Antiquera.

“And if evidence warrants, to file the information before the appropriate courts,” it continued.  “This order takes effect immediately and remains in force until further orders.”
A check made with the office of the PLO chief disclosed that no official communication has thus far been sent by the special Gonzalez probe team to the Capitol.