Sunday, November 19, 2006

Are Ombudsmen an International problem?

More Argumentum Ridiculosis from the Ombudsman,
looks like Ombudsmen all over the word are just as bad as our lot when it comes to inventing ridiculous arguments to support their perverse decisions.

The Supreme Court found the COMELEC (Commission on Elections) did some things wrongly. The Ombudsman (including her staff) says otherwise. The Supreme Court wanted the Ombudsman to find who were responsible, the Ombudsman said nobody was.

The Ombudsman said let the facts speak for itself. What are the facts?

Take a look at what the SC said the Comelec did that were wrong:

1. Awarded the Contract to MPC (Mega Pacific Consortium) though it did not even participate in the bidding.

2. Allowed MPEI (Mega Pacific eSolutions Inc.) to participate in the bidding despite its failure to meet the mandatory eligibility requirements.

3. Issued its Resolution of April 15, 2003 awarding the Contract to MPC despite the issuance by the BAC of its Report, which formed the basis of the assailed Resolution, only on April 21, 2003.

4. Awarded the Contract, notwithstanding the fact that during the bidding process, there were violations of the mandatory requirements of RA 8436 as well as those set forth in Comelec's own Request for Proposal on the automated election system.

5. Refused to declare a failed bidding and to conduct a re-bidding despite the failure of the bidders to pass the technical tests conducted by the Department of Science and Technology.

6. Failed to follow strictly the provisions of RA 8436 in the conduct of the bidding for the automated counting machines.

With all of these, the Ombudsman didn't find anything wrong! And to support its conclusion, it came up with the OJ Simpson case type of ending. OJ was criminally not liable, but he was in the civil case liable and ought to pay the family of his murdered wife. In the Ombudsman's case it said that the Supreme Court's findings were for civil liability, while what the Ombudsman looked for was criminal liability! Ha. What a way to muddle things up. Leave it to lawyers to do that.

In their lawyer's minds, it might make sense because they have made a partition in their brains between civil and criminal. But to non-lawyers like me, it is like being assaulted by a Galil or a Kalashnikov rifle where you can't say anything or cannot protest the unfairness of things lest you be mowed down with a hail of bullets. In this instance though, what was assaulted was the basic common sense: something was terribly wrong and somebody must be held accountable then punished. Yet the Ombudsman said there was a crime but no criminals. I smoked but I didn't inhale. There was a rape but there was no rapist! The editorial today aptly described Merceditas Gutierrez as blind. Everything is there in front of her like a giant elephant threatening to stomp on her, yet she can't see!

Ellen a Philippine blogger Says:
October 4th, 2006 at 11:32 pm

How Much More Abuse Can We Take?

Another terrible blow was dealt to justice today, this time courtesy of the Ombudsman. Like a bat-wielding banshee, the office of the Ombudsman declared that there was no one to blame for the Mega Pacific scam, absolving the COMELEC and the rumored to have filed for dissolution, eleven day old (at the time of bidding) company of any wrongdoing.

“This is a travesty of justice! This is like saying a rape was indeed perpetrated, but there was no rapist”, declared Enteng Romano, lead convenor of the Black & White Movement. “The Ombudsman has committed grave abuse of discretion, not even bothering to point us in the right direction. Who shall we hold accountable?”

“This sad act has made the Ombudsman seem to be as dirty as the COMELEC is perceived. If the COMELEC believes it has been vindicated, it is sadly mistaken. First, Cha-Cha, now this. We hope our people see just how much injustice is being done to us”, said Leah Navarro, Black & White spokesperson.

The Supreme Court was clear, and we quote – “Truly, the pith and soul of democracy – credible, orderly, and peaceful elections – have been put in jeopardy by the illegal and abusive acts of the COMELEC.” And what shall become of these “illegal and abusive acts”? Will these abuses be relegated to our nation’s dimming memory? We pray our nation will not stand idly by.

The Black & White Movement condemns in no uncertain terms this obvious whitewash. In making this decision, the Ombudsman has proven that the people no longer have any where to turn for succor or assistance. Along with a few others, this institution has gone from the heights of probity to the bowels of infamy.

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