Title
Re: People vs Gregory S. Ong
Case
A.M. No. SB-14-21-J
Decision Date
Jan 19, 2021
Former Sandiganbayan Justice Gregory S. Ong, dismissed in 2014 for gross misconduct tied to the Kevlar case and Janet Lim Napoles, was granted partial clemency in 2020. The Supreme Court restored his retirement benefits, lifted his reemployment ban, but forfeited two-thirds of his lump sum, citing remorse, reformation, and health concerns.

Case Summary (A.M. No. SB-14-21-J)

Background of the Case

Ong participated in the Sandiganbayan case against Napoles and others, where charges included malversation of public funds. The case revolved around the sale of Kevlar helmets to the Philippine Marine Corps, which were purportedly never delivered, leading to significant allegations of corruption. Ong's role in the eventual acquittal of Napoles, citing lack of evidence against the accountable officer, became the basis for subsequent allegations against him.

Unfolding Allegations and Testimonies

In 2013, during a Senate Blue Ribbon Committee investigation, allegations arose from testimonies provided by Benhur Luy and Marina Sula, linked to Napoles, claiming that Ong was involved in discussions with Napoles about settling the Kevlar case. This led to circumstances suggesting impropriety, particularly regarding financial dealings related to investments proposed by Napoles.

Investigative Proceedings and Findings

A motu proprio investigation followed, wherein Ong denied any wrongdoing, contesting that his encounters with Napoles were innocuous. However, an evaluation led to Ong being found guilty of gross misconduct and dishonesty, resulting in his dismissal from judicial service and forfeiture of benefits. The Court cited the damaging implications of Ong’s conduct on the integrity of the judiciary.

Plea for Judicial Clemency

Years later, Ong submitted a plea for judicial clemency, arguing that time had allowed for reflection and remorse. He expressed that he accepted the consequences of his actions and had continued to serve the community even post-dismissal. He sought restoration of his retirement benefits and lifting of employment prohibitions, citing economic necessity and a desire to redeem himself.

Conditions for Clemency

The Court clarified that clemency is an extraordinary act based on equity and not a simple relenting of penalties. Conditions include proof of remorse, sufficient time elapsed since the penalty, potential for rehabilitative efforts, and the absence of new offenses. The Court emphasized the need for a public apology and an acceptance of wrongdoing as essential to the clemency process.

Evaluation of Ong's Character and Circumstances

In analyzing Ong's plea, the Court noted both his expression of remorse and the time that had elapsed since his dismissal. The Court reviewed testimonies from individuals in the legal community supporting his character and asserting improvements since the incident, alongside Ong's current health hardships and financial difficulties.

Partial Grant of Clemency

Ultimately, the Court recognized Ong’s efforts towards reform and his accepted medical circumstances. While gr

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