Daven Tamayo

Ombudsman's 'hands tied' on graft raps House recommended vs VP Duterte

Article (news)

Adrian Ayalin

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/175101966907420241126-vpsd-presson-MT-1.jpg" style="width:960px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">Vice President Sara Duterte addresses the media at the Veterans Memorial Medical Center in Quezon City on November 26, 2024. <em>Maria Tan, ABS-CBN News</em></span></span></span></div><p>MANILA — Ombudsman Samuel Martires on Friday said the hands of the Office of the Ombudsman are tied and it cannot act on the House of Representatives&#x27; recommendation to file charges against Vice President Sara Duterte while she is in office.</p><p>“We cannot file a case against her, because she is an impeachable official, we have to wait until such time that she’s no longer the vice president,” Martires, a former Supreme Court justice, said.</p><p>Under the 1987 Constitution, impeachable officials &quot;may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.&quot;</p><p>Former Caloocan Rep. Edgar Erice last year filed a graft complaint against Commission on Elections Chair George Garcia, who is also an impeachabler official.</p><p>The Office of the Ombudsman has yet to disclose progress of that complaint.</p><div><strong>HOUSE RECOMMENDED CHARGES</strong></div><p>The Office of the Ombudsman had ordered Duterte to respond to technical malversation, falsification, perjury, bribery and other criminal complaints recommended by the House Committee on Good Government and Public Accountability that held hearings on her use of confidential funds.</p><p>The House adopted the panel&#x27;s recommendation but House spokesperson Princess Abante said last week that the chamber <a href="https://www.abs-cbn.com/news/nation/2025/6/20/house-panel-did-not-file-complaint-vs-vp-duterte-before-ombudsman-1729">did not file any complaints against Duterte</a>. </p><p>&quot;It appears that the Ombudsman acted upon the recommendation of the committee,&quot; she said.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/24/ombudsman-should-wait-for-outcome-of-sara-duterte-s-impeachment-trial-house-prosecution-2122">Ombudsman should wait for outcome of Sara Duterte&#x27;s impeachment trial: House prosecution</a></div><p>Martires said Duterte is an impeachable official who already has a pending impeachment case filed at the Senate. </p><p>“Siguro may resolution that will be released by the investigators but I don’t think we will dismiss the complaint,” Martires said.</p><p>He added his office did not try to encroach on Congress in launching its probe.</p><p>“We are only doing our powers pursuant to the Constitution to investigate, period.”</p><p>He also underscored that the Office of the Ombudsman is also trying to avoid a clash between his office and the Senate, in case they have different findings. </p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/27/sara-duterte-files-counter-affidavit-on-alleged-confidential-fund-misuse-1514">Sara Duterte files counter-affidavit at Ombudsman on alleged confidential fund misuse</a></div><p>“So to avoid that, let them finish the impeachment proceedings,” Martires said. </p><p>Martires, appointed by then President Rodrigo Duterte, said he was not trying to shield Vice President Duterte.</p><p>He added he only met her once and that was before he was ombudsman.</p><div><strong>RELATED VIDEO</strong></div><div><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/t4y8SL83F8M?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>“We cannot file a case against her, because she is an impeachable official, we have to wait until such time that she’s no longer the Vice President,” Ombudsman Samuel Martires said.</p>

“We cannot file a case against her, because she is an impeachable official, we have to wait until such time that she’s no longer the Vice President,” Ombudsman Samuel Martires said.