Metro Manila (CNN Philippines, January 8) — The Office of the Ombudsman found probable cause to indict former Commission on Elections (Comelec) commissioner Rowena Guanzon on graft charges for “prematurely disclosing confidential information” about the disqualification of then-presidential bet Ferdinand Marcos Jr.
In a resolution dated July 25, 2023, the Ombudsman ordered the filing of two counts of violation of the Anti-Graft and Corrupt Practices Act, ruling in favor of the complaints filed by Citizen’s Crime Watch chairman Ferdinand Topacio and president Diego Magpantay.
The charges cited Guanzon’s appearances in two separate interviews where she discussed Marcos’ disqualification from the May 2022 polls that were then pending before Comelec.
The Ombudsman said Guanzon, who was the presiding officer of Comelec’s First Division handling the disqualification petitions against Marcos at the time, on Jan. 27, 2022, disclosed in an interview with GMA News that she had voted to disqualify Marcos from the elections.
On Jan. 28, 2022, the Ombudsman noted that Guanzon revealed to Rappler that Aimee Ferolino, her fellow Comelec commissioner at the time was the ponente in charge of writing the poll body’s resolution, in violation of the law.
\”Records disclose that by virtue of respondent’s position, she acquired the valuable information relating to the disqualification cases of Marcos, Jr. and she prematurely divulged such confidential information prior to the official release of the Comelec’s decision,\” said the Ombudsman.
\”Respondent’s contention that the information disclosed by her is not considered confidential information fails to convince,\” the Ombudsman added.
The Ombudsman further cited Comelec Resolution No. 10685 entitled \” In the Matter of People’s Freedom of Information Manual,\” which states that \”information, documents or records known by reason of official capacity and are deemed confidential\” and that information from proceedings \”are treated as confidential or privileged.\”
\”Let the corresponding informations against her be filed with the appropriate court,\” it said.
The Ombudsman meanwhile disregarded the complainants’ accusations that Guanzon violated the Code of Conduct and Ethical Standards for Public Officials and Employees and the Revised Penal Code’s Article 229 which is about “revelation of secrets by an officer.”
In response, Guanzon clarified on social media that she did not steal from the government and added that her actions of revealing information on Marcos were part of her “duty.”
“Hindi po ako nagnakaw sa gobyerno. (I did not steal from the government.) That case filed by Topacio is related to my interviews about the F. Marcos’ Disqualification case,” Guanzno posted on X (formerly Twitter).
“It was my duty to inform the public that there were powerful people who were interfering in COMELEC and independence and the elections were at serious risk,” she added.
Guanzon said that the case is a “retaliatory act” of Topacio who she accused of Cyber Unjust Vexation. Topacio is facing trial in the RTC of Bacolod for this accusation.
The former COMELEC official also clarified that she revealed the information before voting began.
“Wala pa naman botohan noong na interview ako kaya walang vote ako na na disclose. Wala ring internal deliberations dahil ang ponente hindi nag-submit ng desisyon na,” she said.
[Translation: There was no voting yet when I was interviewed, so there was no vote that has been disclosed. There were also no internal deliberations because the one assigned to write the decision has not yet submitted it.]
