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Re-Allegations-Made-Under-Oath-at-the-Senate-Blue-Ribbon-Committee-Hearing-Held-Against-Associate-Justice-Gregory-Ong

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Re: Allegations Made Under Oath at the Senate Blue Ribbon Committee Hearing Held Against

Associate Justice Gregory Ong

FACTS: In 2013, news broke about the “pork barrel scam” wherein the PDAF allotted to the members
of House of Representative and Senate was channeled through bogus foundations. In the
investigation conducted by the Senate Blue Ribbon Committee, the name of Sandiganbayan
Associate Justice Gregory Ong was mentioned by the whistle-blowers who are former employees of
the alleged mastermind, Janet Lim Napoles.

The following day, Rappler published an article showing a photograph of Sen. Jinggoy Estrada,
together with Napoles and Justice Ong. When interviewed, Justice Ong denied knowing Napoles and
recalled that the photograph was from one of the parties of Senator Estrada. He admitted that given
the ongoing controversy, the picture gains a different context. Nevertheless, he exclaims that his
service to the judiciary remains untainted and denied that he was the one advising Napoles on legal
strategies in connection with the Kevlar cases where she was acquitted.

Duting the Senate Blue Ribbon Committee hearing, one of the witnesses said that she saw Justice
Ong visiting the office of Napoles and having a meeting with her. However, Justice Ong merely said
that during the birthday party of Senator Estrada, Napoles talked to him during which the miraculous
healing power of the Black Nazarene was mentioned and he maintains that there is nothing wrong
with that considering that she has no pending case with his Court at the moment.

The Court upon evaluation of the factual circumstances found possible transgressions of the New
Code of Judicial Conduct committed by respondent.

Justice Gregory Ong, for his part contends that the testimonies of the witnesses is hearsay and does
not have weight on trial.

ISSUE: Whether or not Associate Justice Gregory Ong is correct.

RULING:  No. The Supreme Court held that that in administrative proceedings, only substantial
evidence, i.e., that amount of relevant evidence that a reasonable mind might accept as adequate to
support a conclusion, is required.  The standard of substantial evidence is satisfied when there is
reasonable ground to believe that respondent is responsible for the misconduct complained of, even if
such evidence might not be overwhelming or even preponderant.

While it is true that technical rules of procedure and evidence are not applied strictly in administrative
proceedings, still, hearsay evidence, without more, would not suffice to establish an allegation therein.
In this case, other than the hearsay testimonies of witnesses, no other evidence was presented to
establish that it was indeed Justice Ong who is the "contact" of Napoles in the Sandiganbayan who
helped her secure an acquittal in the Kevlar case.

Thus, the testimonies of witnesses with regard to the foregoing should not be given any weight in the
determination of Justice Ong's administrative liability.

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