TO protect public officials from possible political harassment, Sen. Sergio “Serge” Osmeña 3rd on Wednesday recommended that the powers of the Office of the Ombudsman be clipped, a move that House leaders said the Senate has no right to do.

During Day 39 of the impeachment trial of Chief Justice Renato Corona, Osmeña asked the Senate to amend the Ombudsman Act of 1989 after Ombudsman Conchita Carpio-Morales presented on Monday the 17-page Anti-Money Laundering Council (AMLC) report alleging that Corona had 82 dollar accounts in five different banks.

“We could limit it [the Ombudsman’s power] so that not everybody can be exposed to political blackmail by somebody playing fast and loose to destroy a [public official’s reputation], although he may be . . . cleared of the charges,” the senator said.

He proposed that the anti-graft agency may only inquire with the AMLC if it finds probable cause based on the crimes listed in the Anti-Money Laundering Act (AMLA).

“[It would] safeguard [the] rights [of officials when] certain issues might be used [at an improper time to] . . . put certain people at a disadvantage,” Osmeña said.

His move came after some senator-judges on Tuesday questioned the Ombudsman’s power to secure information about Corona’s bank records without a court order and in the absence of a predicate crime.

Senate President Pro Tempore Jose “Jinggoy” Estrada, as well as Senators Miriam Defensor Santiago and Alan Peter Cayetano, voiced fears that the anti-graft office could be used to harass the government’s political opponents.

According to Senate Majority Leader Vicente Sotto 3rd, the opponent of an incumbent official vying for reelection could file a case at the Office of the Ombudsman to politically harass him.

He said that the Ombudsman, with her vast powers, could ask the AMLC to retrieve bank accounts and ruin a re-electionist candidate’s campaign.

Sotto added that a case could not be filed before the Ombudsman less than a year before elections.

The Senate majority leader also criticized Morales for prying into the Chief Justice’s bank records, saying that it is “abusive” and without basis under the anti-graft agency’s charter.

But Sen. Teofisto Guingona 3rd said that it is the AMLC’s job to collect regular reports of transactions from different institutions, especially suspicious ones.

He added that that Constitution guarantees the Ombudsman’s right “to seek help” from other institutions if it aims for the “protection of the people.”

For his part, Sen. Joker Arroyo said that though the anti-graft agency chief’s authority was given by the Constitution, it also provided the more superior Bill of Rights.

“In other words, not even the president of the Philippines can [invade] the privacy of anyone if that privacy has been provided by law,” he added.

Proper venue
Also on Wednesday, Speaker Feliciano Belmonte Jr. and House Majority Leader Neptali Gonzales 2nd of Mandaluyong City said that the Senate impeachment court is not the proper venue to amend the Ombudsman Act of 1989 or the AMLA because it is still busy with Corona’s trial.

“While I do [wonder] if these [powers] are OK or need amendments, I believe that there is no abuse on her part because as of now, it is clear in the law that she has those powers,” Belmonte told reporters.

“We in the House [and] Senate can amend [or] limit the law. But as it is, the law is there. Let us keep this issue focused on the proceeding at hand,” he said.

According to the Speaker, the AMLC’s authority should be accorded the same respect given to the Ombudsman’s.

“The law mandates that AMLC keep track of the certain transactions over a certain values. They are part of a big network over the world to try to control the flow of illegal money,” he said.

Gonzales noted that the Chief Justice’s lawyers are questioning the authority of the Ombudsman and the council because they want the Supreme Court to come to their defense again.

“They will really try to make this a legal issue, say that the Supreme Court should decide on it, that there should be a court order before AMLC release records. That’s can’t be the case because it will bring this to the home court of Chief Justice Corona,” he said.