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Ombudsman clarifies conviction rate
06 November 2013, Press Release Ombudsman

The Office of the Ombudsman computes its case conviction rate at 46.67%.

The Office explained that out of the 44 ponencias or judgments/decisions in criminal cases promulgated by the Sandiganbayan for this year as of August 31, 2013, the Office was successful in securing a conviction of at least one accused in each of the 21 ponencias, resulting in a 46.67% case conviction rate based on the following formula:

Number of Judgments that convicted at least one accused divided by the total number of judgments on the merits that resulted in conviction or acquittal times 100%       

The Office issued the clarification after media reports computed a 12.83% accused conviction rate based on raw figures listed in a Sandiganbayan report. 

The Ombudsman’s Office of the Special Prosecutor (OSP), Research and Special Studies Bureau (RSSB), and Statistics and Monitoring Division (SMD) found that the media computation does not relate to the performance of the Office because certain entries/figures should not have been considered

“It is non-sequitur to arrive at 12.83 % and then translate it to dismal performance.  That conclusion is unfair to our Ombudsman prosecutors,” Ombudsman Conchita Carpio Morales stated.

Ombudsman Morales raised the following observations:

(i)                 There were 18 accused whose cases were archived. The archiving should not be taken against the Office since mostly in those cases, the accused have remained at large, a situation which is beyond the control of the Office.  Besides, these cases can still proceed or be revived once the accused are apprehended, which may eventually result to double entries in statistics.

(ii)               There were 15 accused who died before or during trial, resulting in the dismissal of the cases as against them. The death of an accused should not be faulted on the Office.   

(iii)             There were 43 accused whose cases were withdrawn on grounds including amendment of the Information and grant of motions for reconsideration, with the possibility of re-filing with the Sandiganbayan or with the regular courts.  These criminal cases have not resulted in a disposition on the merits.  Neither party (prosecution or defense) is defeated in this case which could also eventually result to double entries in statistics.

(iv)             There was one (1) accused who turned state witness, which, in effect, strengthened the prosecution evidence.   

“So even from the same data used by the media, we arrive at a rate of 21.8% after deducting the above-described accused totalling 77 from the 187 accused-basis of the media report (24 / 110 x 100%).  And this does not include at least 12 more accused who have been convicted in September and October this year,” Atty. Alan Cañares, RSSB Acting Director, explained.   

“Rather than computing on a “per accused” basis which situation may differ from one accused to another, it is ideal to also consider statistics on a “per case” basis since that could more precisely determine whether there was a crime indeed committed, regardless of how many were held criminally liable,” Cañares added.     

The Office also observed that out of the cases so far decided this year, there were eight ( cases which were filed more than 20 years ago, the oldest having been filed in 1990.

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