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Ombudsman wants to abolish ARTA, amend new Sandiganbayan law

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Mike Navallo, ABS-CBN News

MANILA — Ombudsman Samuel Martires on Monday disclosed to the House Justice committee his 2-pronged legislative agenda: abolish the Anti-Red Tape Authority (ARTA) and amend the new Sandiganbayan law.Martires was asked to share his legislative agenda on Monday by the House panel chaired by Negros Occidental 4th District Rep. Juliet Ferrer.“The Office of the Ombudsman would appreciate if Congress can amend or repeal the ARTA law, which is an unconstitutional law, as it usurps or encroaches upon the powers of the Ombudsman, pursuant to section 13(7), Article XI of the Constitution,” he said via Zoom.“I will be writing a letter to the Speaker of the House as well as the, your honor, the chair of the Committee on Justice as well as the Senate President on the abolition of the ARTA,” he added.Section 13(7) of Article XI of the Constitution includes, among the functions and duties of the Office of the Ombudsman, the power to “[d]etermine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.”The Ant-Red Tape Act, signed into law by former President Rodrigo Duterte on May 28, 2018, vests these same functions on ARTA.Unlike the Ombudsman which is an independent body, ARTA is attached to the Office of the President.Martires argued, “these functions solely belong to the Office of the Ombudsman.”“I must admit that the Office of the Ombudsman did not do anything with respect to this function of determining inefficiency and red tape in government. But it does not mean to say also that Congress can enact a law that encroaches on the constitutional powers of the Ombudsman,” he said.<div>AMEND NEW SANDIGANBAYAN LAW</div>Martires also wants to amend the new Sandiganbayan law, objecting to a provision in Republic Act 10660 which strengthened the functional and structural organization of the anti-graft court.“Under this law, cases against low-ranking officials or even high-ranking officials, if the case falls within the jurisdiction of the regional trial court, must be filed in another judicial region where the official does not reside,” he said.The rule, he said, has led to confusion and resulted in the dismissal of 2 cases his office filed.“This is one thing that is really giving us now a lot of headaches, where to file the cases. Because until now, the Supreme Court has not also issued the corresponding guidelines with respect to where cases will be filed,” he said.“All I appeal to Congress now is to trust the judges. Let the jurisdiction be assumed by the regional trial court where the official is…Let us trust the government official to be honest, let us trust the judge to be honest,” he said, adding that the evil sought to be avoided by the rule — corruption or influence — will not be prevented by simply filing the case in another judicial region.“This way, hindi ho sasakit ang ulo namin kung saan namin ifa-file yung mga cases,” he added.Last year, Martires’ proposal to amend the law on statement of assets, liabilities and net worth (SALN) became controversial because it proposed jail time to those who make public commentaries on SALNS and it also sought to exclude transactions between members of a family from declaration of public officials&#x27; SALN, among other provisions which raised concerns among transparency and governance advocates.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/10/21/21/ombudsman-proposal-exclude-family-transactions-from-saln">Ombudsman wants transactions between family members excluded from SALN</a></li>	<li><a href="https://news.abs-cbn.com/news/09/09/21/ombudsmans-proposal-jail-those-making-public-commentaries-on-salns">Ombudsman proposes imprisonment for those making commentaries on SALNs</a></li>	<li><a href="https://news.abs-cbn.com/spotlight/10/18/21/ombudsmans-draft-bill-to-amend-saln-law-raises-more-red-flags">Ombudsman’s draft bill to amend SALN law raises more red flags</a></li>	<li><a href="https://news.abs-cbn.com/news/09/14/21/ombudsman-lost-its-purpose-in-imposing-saln-restraints">Ombudsman &#x27;lost its purpose&#x27; in imposing SALN restrictions: Constitution framer</a></li></ul>

Ombudsman Samuel Martires on Monday disclosed to the House Justice committee his 2-pronged legislative agenda.

Ombudsman wants to abolish ARTA, amend new Sandiganbayan law

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Ombudsman wants to abolish ARTA, amend new Sandiganbayan law

Mike Navallo,

ABS-CBN News

Published Sep 12, 2022 07:54 PM PHT

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Samuel Martires

Ombudsman

Anti-Red Tape Authority

ARTA

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