The Office of the Ombudsman has found probable cause to indict former Commissions on Elections (COMELEC) Commissioner Rowena Guazon for two counts of graft for “prematurely disclosing confidential information."
This was in relation to the previous charges seeking to disqualify then-presidential candidate Ferdinand Marcos Jr. from running in the May 2022 elections.
In a 12-page resolution, the Ombudsman said the former poll body Commissioner allegedly disclosed confidential information prematurely during two media interviews she gave in 2022.
Section 3 (k) of the R.A. 3019 or the Anti-Graft and Corrupt Practices Act prohibits “divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date."
The resolution mentioned that Guanzon had first revealed her decision to disqualify then-presidential aspirant, Ferdinand Marcos Jr., to Sandra Aguinaldo of GMA News on Jan. 27, 2022. She also revealed the name of the ponente, Commissioner Aimee Ferolino, and discussed her separate opinion with Rappler.com’s Paterno Esmaquel II the following day.
“With respondent’s improper disclosure of confidential information, this Office finds probable cause to indict her for violation of Section 3 (k) of Republic Act No. 3019,” the Ombudsman's resolution read.
At the time she gave the interviews, Guanzon was the presiding officer of the Comelec’s First Division, which was handling the petitions to disqualify Marcos for tax evasion and his failure to file income tax returns.
The complaint against her was filed by lawyers Ferdinand Topacio and Diego Magpantay of the Citizens’ Crime Watch who accused her of making “premature public disclosures” without “authority or justifiable reasons.”
In its resolution, the Office of the Ombudsman agreed with the arguments made by lawyers Ferdinand Topacio Topacio and Diego Magpantay, as it cited Comelec Resolution No. 10685, which deems as confidential all information, documents, and records known in the exercise of one’s official capacity
Meanwhile, the Ombudsman dismissed the complainant's argument that the former commissioner violated Section 7 of the Code of Conduct and Ethical Standards for Public Officials and Employees.
Section 7 states that "public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office."
“Complainant failed to present proof that respondent was motivated by any private interest or that she gave any private party unwarranted benefits, which prompted the disclosure of the information. There is also no proof that respondent intended to prejudice the public interest with such disclosure,” the Ombudsman said.
The Ombudsman also junked the complaint that Guanzon violated Article 229 of the Revised Penal Code or the Revelation of Secrets by an officer.
To file for an appeal
In a post on X (formerly Twitter), Guanzon said she would file an appeal, explaining that the poll body had no decision yet when she disclosed her vote.
“Wala pa naman botohan noong na-interview ako, kaya walang vote ako na na-disclose,” Guanzon wrote on her post.
Wala pa naman botohan noong na interview ako kaya walang vote ako na na disclose. Wala ring internal deliberations dahil ang ponente hi di nag submit ng desisyon na.
— Rowena Guanzon (@rowena_guanzon) January 8, 2024
