The Office of the Ombudsman has found probable cause to indict former Elections Commissioner Rowena Guanzon of graft charges for divulging information relating to the disqualification case of President Ferdinand Marcos Jr. from the highest post in May 2022 polls.

The Ombudsman ordered the filing of two counts of violation of Section 3(k) of the Anti-Graft and Corrupt Practices Act or Republic Act 3019 against Guanzon for prematurely disclosing confidential information.

"Let the corresponding informations against her be filed with the appropriate court," the Ombudsman said in a resolution dated 25 July 2023.

The case was initiated by Atty. Ferdinand Topacio and Diego Magpantay, president of the Citizen's Crime Watch on 27 May 2022, which accused Guanzon of violating the anti-graft law, the Code of Conduct and Ethical Standards for Public Officials and Employees and the Revised Penal Code.

This was for allegedly disclosing confidential information relating to the disqualification of Marcos in the 2022 polls filed before the Comelec First Division, where Guanzon served as the presiding commissioner.

Charges filed pertained to Guanzon's previous interview on GMA News on 27 January 2022 where she disclosed that she had voted to grant the petitions to disqualify Marcos from the presidential race due to his previous conviction of a crime involving moral turpitude.

Guanzon also allegedly divulged her dissenting opinion and exposed that her fellow commissioner at the time, Aimee Ferolino, was the ponente of the case, in violation of the law.

The complainants said Guanzon must be held liable for two counts each of violating Section 3 (k) of RA 3019, Section 7 (c) of RA 6713, and the revelation of secrets by a public officer under Article 229 of the Revised Penal Code for divulging valuable information.

In their complaint, they said Guanzon's action was done to further her private interest at the expense of prejudicing public interest and the credibility of the Comelec and her fellow commissioners.

Guanzon, however, questioned the Ombudsman's jurisdiction to handle the case since she had already retired from the government service in February 2022, while the complaint against her was lodged in May of the same year.

In indicting the respondent, the Ombudsman said Guanzon's contention that the information she exposed is not considered information "fails to convince."

The Ombudsman also cited Section 4 of the Internal Rules of the Supreme Court, which prohibits the disclosure of the identity of the ponente.

The charges of violating Section 7(c) of the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713), and Article 229 or the revelation of secrets by an officer of the Revised Penal Code, however, were ordered dismissed due to lack of probable cause.

"Complainant failed to present that the respondent was motivated by any private interest… There is also no proof that respondent intended to prejudice the public interest with such disclosure," the Ombudsman said.