Ombudsman backs creation of in-house enforcement service

The Office of the Ombudsman is supporting the creation of its own law enforcement service, saying the proposed unit would allow the anti-graft body to conduct arrests, entrapment operations and other enforcement activities without relying on other agencies.

Assistant Ombudsman Eliseo “Ely” Cruz told the Senate Committee on Justice and Human Rights that while the Ombudsman has broad investigative powers, its ability to exercise them is limited by the absence of its own enforcement arm.

“At present, the office is mainly dependent on law enforcement agencies… in order to carry out its mandate,” Cruz said.

He said the Ombudsman frequently receives tips involving alleged unlawful activities by public officials but must coordinate with agencies such as the National Bureau of Investigation and Philippine National Police before conducting operations.

Cruz said such coordination has resulted in successful entrapment operations but argued that the Ombudsman could pursue more cases if it had personnel authorized to make arrests and carry out operations directly.

“The Office of the Ombudsman knows that it could have caught more corrupt government personnel in the act of extorting money or receiving bribes if it is given the power to make lawful arrest and execute such entrapment operations,” he said.

Cruz also cited difficulties involving documents sought through subpoenas that could no longer be located, as well as challenges in verifying whether Ombudsman orders and decisions were being implemented by government agencies.

He said an in-house enforcement unit could also provide security to Ombudsman investigators facing threats or intimidation.

“The effectiveness of an anti-corruption institution depends not only on the powers granted to it, but on its ability to translate those powers into action,” Cruz said.

“A subpoena must be served, an order must be implemented, a witness must be protected, a directive must be followed, and a lawful decision must have an effective means of enforcement,” he added.

Assistant Ombudsman Luis Gonzaga Bonoan Jr. said around 100 additional personnel would be needed if the proposed enforcement service is established.

“With safeguards written into the law…the service gives every decision of the Ombudsman the force it is meant to have,” Bonoan said.