Case Summary (A.M. No. SB-14-21-J)
Petitioner and Respondent
- Petitioner: Supreme Court En Banc (exercising administrative supervision)
- Respondent: Associate Justice Gregory S. Ong, Sandiganbayan Fourth Division
Key Dates
- October 28, 2010: Sandiganbayan Fourth Division’s “Kevlar helmet” decision acquitting Napoles
- February 2012: First known meeting between Justice Ong and Napoles at Senator Estrada’s party
- August 29 & 30, 2013: Sworn statement by Sula; Rappler publishes photo of Ong, Estrada, Napoles
- September 26, 2013: Senate Blue Ribbon hearing; Ong’s letter to Chief Justice Sereno
- October 17, 2013: En Banc motu proprio investigation launched
- January 21, 2014: Case re-docketed as A.M. No. SB-14-21-J; assigned to Justice Sandoval-Gutierrez
- September 23, 2014: En Banc decision issued
Applicable Law
- 1987 Constitution, Art. VIII, Secs. 6 & 11 (supervision of the Judiciary; power to discipline)
- New Code of Judicial Conduct (especially Canons 2 & 4 on integrity and propriety)
- Revised Rules of Court, Rule 140 (disciplinary proceedings; sanctions)
- RPC Art. 210 (Direct Bribery) & 211 (Indirect Bribery)
- PD 46 (prohibiting gift-giving to public officials “by reason of office”)
- RA 6713 (Code of Conduct for Public Officials; defines "gift" and prohibits solicitation/acceptance)
Factual Background
A national scandal erupted over alleged misuse of legislators’ pork barrel funds via bogus NGOs headed by Napoles. During Senate hearings, two former Napoles employees—Luy and Sula—implicated Justice Ong as Napoles’s "contact" in the earlier "Kevlar helmet" case, where he chaired the Sandiganbayan division that acquitted her.
Kevlar Helmet Decision
In 2010 the Sandiganbayan Fourth Division acquitted Napoles of malversation and falsification charges despite finding that payments were issued on falsified documents and delivery of 500 Kevlar helmets was incomplete. Justice Ong concurred in that 3-justice collegiate decision.
Senate Blue Ribbon Revelations
On September 26, 2013 Luy testified that Napoles told him she had a “connect” in the Sandiganbayan—identified as Justice Ong—and that she paid money to secure her acquittal. Sula confirmed the same claim and said she personally saw Ong meet Napoles in her office.
Rappler Exposé and Photograph
On August 30, 2013 Rappler published a photo of Justice Ong, Senator Jinggoy Estrada, and Napoles at a social event. Reporter Aries Rufo recorded Ong denying any relationship with or advisory role to Napoles during the Kevlar case.
Respondent’s Explanations
In a September 26 , 2013 letter to Chief Justice Sereno, Ong denied knowing Napoles during his court’s handling of Kevlar. In his November 21 Comment he admitted two post-2010 visits to Napoles’s office—courtesy calls to thank her for arranging access to the Black Nazarene’s robe—and insisted no misconduct occurred.
Motu Proprio Investigation
The Supreme Court En Banc authorized Justice Angelina Sandoval-Gutierrez to investigate allegations of improper dealings. Hearings were held on February 12, March 7 and March 21, 2014, featuring testimony from Luy, Sula, Rufo and Ong.
Investigating Justice’s Findings
Justice Sandoval-Gutierrez concluded:
- Ong was Napoles’s “contact” in the Sandiganbayan during the Kevlar case.
- He fixed her case in exchange for money.
- He received eleven checks (P3,102,000 total) as advanced interest for a P25.5 million deposit.
- He fraternized with Napoles at private events and was photographed with her.
- He lied about these dealings and omitted them from his statements to the Chief Justice.
En Banc Ruling
The Court adopted the report, finding
Case Syllabus (A.M. No. SB-14-21-J)
Factual Antecedents
- Mid-2013 media exposé on the so-called “pork barrel scam,” involving diversion of billions of pesos through bogus NGOs linked to Priority Development Assistance Fund allocations.
- Whistle-blowers (former confidential employees of Janet Lim-Napoles) named government officials who transacted with or attended Napoles-hosted events—including Associate Justice Gregory S. Ong.
- Napoles’s cousin and employee Benhur Luy executed affidavits before the NBI, claiming Napoles had a “contact” at the Sandiganbayan who could “fix” her cases.
- Marina Sula, another former employee, corroborated Luy’s account in a sworn statement of August 29, 2013, listing Napoles’s special guests (including Justice Ong) and alleging Napoles’s assurances to her staff about judicial intervention.
- Luy and Sula reported Napoles’s boast that she was securing favorable rulings in the Kevlar helmet cases through Justice Ong, prompting public uproar.
Senate Blue Ribbon Committee Proceedings
- Senate held hearings starting August 2013 to investigate misuse of PDAF and related scandals.
- On September 26, 2013, Luy testified that Napoles “fixed” the Kevlar case because she “had a connect” in the Sandiganbayan—identified as Justice Ong.
- Sula confirmed under oath that Napoles had a judicial “contact” at the Sandiganbayan, naming Justice Ong when prompted by the committee chairman.
- Both whistle-blowers described Napoles’s confidence of acquittal and alleged monetary pay-offs to various officials, including an alleged advance-interest arrangement for Justice Ong.
Rappler Article and Respondent’s Initial Explanation
- On August 30, 2013, Rappler published “Exclusive: Napoles Parties with Anti-Graft Court Justice,” featuring a photograph of Senator Jinggoy Estrada, Napoles, and Justice Ong at a social event.
- Reporter Aries Rufo quoted Justice Ong denying familiarity with Napoles during the Kevlar case, attributing the photo to a party hosted by Sen. Estrada—his longtime friend.
- Justice Ong’s letter to Chief Justice Sereno (Sept. 26, 2013) emphasized he never met Napoles before or during her trial, denied socializing with her and offered to explain the photograph’s context.
Court En Banc Motu Proprio Investigation
- Chief Justice Maria Lourdes P.A. Sereno, citing Senate testimonies and media reports, requested the Supreme Court En Banc to initiate motu proprio administrative supervision over Judiciary members.
- On October 17, 2013, the En Banc required Justice Ong’s Comment and directed the NBI to furnish affidavits.
- The matter was re-docketed as A.M. No. SB-14-21-J and assigned to retired Justice Angelina Sandoval-Gutierrez for investigation, report, and recommendation within 60 days.
Evidence and Testimony Before the Investigating Justice
- Benhur Luy
- Testified he kept a ledger showing Napoles spent ~P100 million on the Sandiganbayan case over ten y