Rowegie Abanto

Associate Justice Samuel Martires talks to the media after he gets sworn into office replacing Conchita Carpio Morales as Ombudsman at the Supreme Court in Manila on Monday, August 06, 2018. Martires starts his 7-year term as the country’s chief anti-graft investigator. George Calvelo, ABS CBN News

Article (news)

Samuel Martires 

ABS-CBN News

<div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable fr-active" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/xKZcNgtbr5c?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>MANILA — Former Ombudsman Samuel Martires could still be held liable if it is proven that he decided on Sen. Joel Villanueva&#x27;s motion for reconsideration regarding his dismissal case beyond &quot;a reasonable time,&quot; ex-Supreme Court Associate Justice Adolfo Azcuna said Monday.</p><p>In 2016, Martires&#x27; predecessor, Conchita Carpio Morales, ordered Villanueva dismissed from service after finding him liable for the misuse of his P10-million Priority Development Assistance Fund (PDAF) or pork barrel, which was released in 2008 when he was a representative of the party-list group CIBAC.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/24/martires-defends-secrecy-of-villanueva-dismissal-case-reversal-1457">Martires defends &#x27;secrecy&#x27; of Villanueva dismissal case reversal: I protect a person&#x27;s dignity</a></div><p>Ombudsman Jesus Crispin Remulla last week said he would seek to implement Villanueva&#x27;s 2016 dismissal but has since announced that he would no longer enforce the lawmaker&#x27;s expulsion after learning of Martires&#x27; &quot;secret&quot; reversal of the dismissal in 2019.</p><div><br/></div><div><strong>&#x27;UNUSUAL&#x27;</strong></div><div><br/></div><p>Azcuna told ANC that he considered Martires&#x27; move to be valid as long as the decision was attached to the rollo or archive, which he said is open to the public.</p><p>However, he said it was also &quot;unusual&quot; because the Ombudsman typically announces decisions in &quot;high-profile&quot; cases.</p><p>&quot;There may be a violation of a constitutional provision regarding the disposal of cases. However, it does not affect the validity of the decision; it only makes the person deciding liable for possible administrative violation of a time limit for deciding cases,&quot; the former justice added, noting that Martires should have resolved the motion for reconsideration of Villanueva within two years.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/26/supreme-court-urged-to-set-time-limits-designate-special-courts-for-flood-control-cases-2244">RELATED: Supreme Court urged to set time limits, designate special courts for flood control cases</a></div><p>When asked how Martires would be held liable now that he&#x27;s out of government service, Azcuna said, &quot;Usually pag retired na (if a person is already retired) you can still penalize a person by forfeiting the retirement benefits.&quot;</p><p>On Friday, Martires said <a href="https://www.facebook.com/reel/1432862331142246">he could not remember when Villanueva filed his motion for reconsideration</a> of the 2016 dismissal order, but insisted that the senator and other respondents filed a reconsideration petition within the allowable timeframe.</p><p>Under the Ombudsman&#x27;s rules, a motion for reconsideration must be filed within 10 days after the receipt of the decision or order.</p><div><br/></div><div><strong>REOPENING OF CASE</strong></div><div><br/></div><p>Can the Ombudsman reopen the dismissal case of Villanueva? Azcuna argued that doing so could violate the prohibition against double jeopardy.</p><p>But he said the office could investigate the procedures surrounding the case, &quot;so that in the future, that will not be repeated.&quot;</p><p>&quot;There should be clarifying rules to be adopted regarding the promulgation of decisions. I think that is part of the reason <a href="https://www.youtube.com/watch?v=lsU7oj1_7cw">why the Office of the President wants to look into this</a>, so that there can be a better handling of future cases, especially with respect to the resolution of motions for reconsideration,&quot; he added.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/26/remulla-says-ombudsman-s-office-not-yet-done-with-villanueva-s-case-2101">Remulla says Ombudsman&#x27;s office not yet done with Villanueva&#x27;s case</a></div><p>Martires on Friday <a href="https://www.abs-cbn.com/news/nation/2025/10/24/martires-defends-secrecy-of-villanueva-dismissal-case-reversal-1457">defended the supposed secrecy of his office&#x27;s ruling to reverse the order to dismiss Villanueva from service</a>, saying he was under no obligation to announce all decisions of the Ombudsman and that he sought to protect a person&#x27;s dignity.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><br/></div><div><strong><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/3AT57XpbteY?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>Former Ombudsman Samuel Martires could still be held liable if it is proven that he decided on Sen. Joel Villanueva's motion for reconsideration regarding his dismissal case beyond "a reasonable time," ex-Supreme Court Associate Justice Adolfo Azcuna said Monday.</p>

Former Ombudsman Samuel Martires could still be held liable if it is proven that he decided on Sen. Joel Villanueva's motion for reconsideration regarding his dismissal case beyond "a reasonable time," ex-Supreme Court Associate Justice Adolfo Azcuna said Monday.

Martires may be held liable if he ruled on Villanueva case beyond 'reasonable time': ex-SC justice

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Martires may be held liable if he ruled on Villanueva case beyond 'reasonable time': ex-SC justice

Rowegie Abanto,

ABS-CBN News

Published Oct 27, 2025 11:37 AM PHT

|

Updated Oct 27, 2025 12:48 PM PHT

Read More:

Ombudsman

Samuel Martires

Adolf Azcuna

Joel Villanueva

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