From what I understand about the law, Senator Panfilo Lacson may be on shaky ground. As someone who admires Lacson, this should not come across as an accusation but as an ordinary person raising a point of concern, which may affect the Ombudsman and also the reputations of two Senators.
Lacson had formally submitted documents to the Office of the Ombudsman implicating Senate Minority Leader Alan Peter Cayetano and the Taguig City government in alleged irregularities, and the Ombudsman is presently conducting a preliminary investigation. Since then, he has been continuously issuing public statements and accusations against Cayetano.
Lacson has posted on his social media accounts a 25-second video snippet which was taken during a joint field inspection at the Taguig Lakeshore, conducted by the Office of the Ombudsman, the Philippine Reclamation Authority (PRA), the Land Registration Authority (LRA), and the Department of Public Works and Highways (DPWH).
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Now, as per my reading, this is what the law says. Under Republic Act No. 6770, the Ombudsman Act of 1989, and the rules of the Ombudsman governing investigations, including Administrative Order No. 1, Series of 2026, Rule IV, Section 5, the fact-finding investigations, witness testimonies, and submitted evidences are treated as strictly confidential. The framework requires that the details of an investigation should remain private till the official review is completed.
Some lawyers have pointed out three principal reasons for this rule.
Firstly, it is for protection against trial by publicity. The rule is meant to ensure that traditional and social media are not used for influencing the public opinion before the Ombudsman investigator has issued an official resolution.
Secondly, it is for preservation of the integrity of the evidence, so that the witnesses are not influenced and the documentary and physical evidences are neither preempted nor altered.
Thirdly, it is for protection of due process. The rule safeguards the rights and reputation of any person under investigation against premature exposure and unfair public judgment, before an official determination is made.
Since Lacson has already submitted documents implicating Cayetano and the Taguig City government, these lawyers are of the view that the matter falls under the confidentiality protocols of the Ombudsman. According to them, the continued dissemination of the video and the public accusations on social media could undermine the formal legal process.
They further state that publicizing the investigation on social media, and in effect asking the public to pass judgment instead of allowing the Ombudsman to decide, goes against the purpose of the law, which is a fair, impartial, and credible investigation.
What I do not know is whether this rule is binding on a complainant, or only on the Ombudsman and its personnel. This is a fair question which the Ombudsman should answer.
The dispute began when Lacson disclosed his findings on 32 alleged “ghost” flood-control and slope-protection projects in Taguig worth billions of pesos, and on the alleged illegal filling of approximately 170 hectares of Laguna Lake. Through these disclosures, he implicated the Cayetano family and the Taguig City government.
The Taguig City government and the camp of Cayetano have strongly denied the allegations. As per them, the formal Senate hearings showed that the DPWH and other national government agencies, and not the Taguig local government, were the formal proponents of the infrastructure and reclamation projects along the lakeshore.
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