Filipino lawyer
Simeon V. Marcelo (born October 21, 1953) is a Filipino lawyer and was the third Ombudsman of the Philippines. As the Ombudsman, he acted as protector of the people against the illegal and unjust acts of those who are in the public service. He investigated government officials, including members of the police and the military, who were suspected of committing graft and corruption. Notably, he served as the principal private prosecutor in the impeachment case (and as head public prosecutor in the subsequent criminal prosecution for Plunder) of Former President Joseph Estrada, the 13th President of the Republic of the Philippines. After 3 years as Ombudsman, he resigned due to serious health problems. He was then replaced by Ma. Merceditas N. Gutierrez.
Prior to being the Ombudsman, he was appointed head of the Office of the Solicitor General of the Philippines, representing the Government of the Philippines, its agencies and instrumentalists and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of a lawyer, replacing Justice Ricardo Galvez. Thereafter, Justice Alfredo Benipayo was appointed as his replacement.
Education.
He took his undergraduate degree in the Ateneo de Manila University where he finished his Bachelor of Arts in Philosophy with honors. He then took up and finished his Bachelor of Laws at the University of the Philippines and was among the top ten of the graduating class of 1979. He later placed fifth (with a rating of 89.9%) in the 1979 Philippine Bar Examination. As a law student, he was the recipient of the Crispin Llamado Scholarship Award. He also became a member of various prestigious academic organizations such as the Pi Gamma Mu International Social Science Honor Society and the Order of the Purple Feather Honor Society.
As a litigation lawyer.
Prior to joining the government, Atty. Marcelo was a senior partner and head of litigation department of then Carpio Villaraza &amp; Cruz Law Offices. While still in private practice, he was already known in legal circles as one of the country's top litigators, despite maintaining a low profile. His mastery of both the technical and substantive aspects of the law earned him the reputation of being a court general and strategist.
Impeachment of President Estrada.
Atty. Simeon V. Marcelo first attained national prominence in late 2000 during the Senate impeachment trial of then President Joseph Estrada. As the selected lead private trial prosecutor in the first impeachment proceedings against a sitting president, Sonny Marcelo displayed his skills as a seasoned litigator when he presented the prosecution's star witness, Ilocos Sur Gov Luis “Chavit” Singson.
The day after the first of the three days (13–15 December 2000) that Governor Singson was presented on the witness stand, the Philippine Daily Inquirer published an article (together with a photo showing Atty. Marcelo propounding questions to Governor Singson) on its front page. The article, entitled “House prosecution panel get a big favor”, reads in part:
" “Whoever suggested the engagement of the services of lawyer Simeon Marcelo to conduct the direct examination of Ilocos Sur Gov. Luis Singson in yesterday’s hearing did the prosecution a big favor. So far, Marcelo appears to be doing a good job. He has skillfully guided Singson through the maze of transactions he allegedly undertook for the benefit of President Estrada without inviting serious objections from the defense lawyers."
"“Marcelo’s expertise in trial work showed in the case by which he matched the questions with the entries in the ledgers and checks presented to the impeachment court to get the desired answers. He was effective in the use of clear and easy-to-understand Filipino in the conduct of the direct examination. Not only did the use of the native language put Singson at ease in answering his questions, he was able to communicate directly to the part of the radio and TV audience who are not fluent in the English language.” (14 December 2000 issue)"
In another article that appeared later in the same newspaper, it was commented that:
" “HIS impeccable courtroom manners, boyish smile and quick, appropriate answers to the questions of the chief justice, senator-judges and defense panel won the hearts of the viewers of the impeachment trial. Simeon Marcelo, one of the private prosecutors in the impeachment trial, handled the direct examination of star witness Governor Luis ‘Chavit’ Singson, and became, in the process, one of the leading lights in this historical trial. x x x During the entire proceeding, Marcelo, though low-key and unassuming, stood out. In fact, he was brilliant. Cool and unflappable, he was so prepared, nothing could have surprised or unnerved him. x x x” ("Philippine Daily Inquirer", 14 February 2001, at page B13)"
Sonny's selection as the lead private trial prosecutor was not a whimsical coincidence or merely a matter of relationship, being the personal lawyer of then Vice President Gloria Macapagal Arroyo. When he was chosen, it was already known that former President Estrada has engaged the services of former Solicitor General and Justice Secretary Estelito Mendoza to lead his defense panel:
"“As head litigator (of Carpio Villaraza &amp; Cruz Law Offices), Mr. Marcelo represented or fought some of the country’s most powerful people. A wealthy former client was property owner Henry Sy, who, in 1993, was threatened with a takeover bid by fellow shareholders in SM Megamall. Mr. Marcelo came up and won against lawyer Estelito Mendoza, who recently represented Mr. Estrada during his impeachment trial."
"That proved Mr. Marcelo’s second victory against the future Estrada lawyer. The first time he locked horns with Mr. Mendoza was 10 years before, when the martial law government of President Ferdinand Marcos shut down several textile mills suspected of smuggling. One of the textile mill owners sought help from CV&amp;C, which in turn petitioned the courts to have the company reopened. Mr. Marcelo secured a temporary order for government to reopen the plant, but the latter asked the court to reconsider. When both sides were about to argue on the motion, the government’s counsel, a lawyer about 20 years older than Mr. Marcelo, gave way to a familiar face: then Solicitor General Mendoza.” (Men’s Zone, March 2001, at page 47)"
As fate would have it, the impeachment proceeding was not completed and there was no resolution of the charges against then President Estrada. During the 16 January 2001 session, a closed envelope that the pro-Estrada Senators (who composed the majority of the Senate) refused to open prompted the prosecution to walk out of the halls of the Senate. The walk-out triggered, within minutes that it was announced in the media, massive protest rallies nationwide.
The Trial of the Century.
On 9 February 2001, President Gloria Macapagal Arroyo hand-picked Sonny Marcelo to head the Office of the Solicitor General. Thereafter, due to his significant accomplishments as Solicitor General, he was appointed as Ombudsman in October 2002. At the age of 49, he became the youngest lawyer ever appointed to this illustrious and very powerful position. [Atty. Marcelo served as the Solicitor General of the Republic of the Philippines from 15 February 2001 to 16 October 2002: he was among the youngest ever appointed to such position.]
Atty. Sonny Marcelo's stint in public service, though quite distinguished for his many outstanding achievements, will forever be remembered by the public for his role as the head of the prosecution panel in the very first criminal prosecution and conviction of a former president. In what is widely acclaimed as the “Trial of the Century”, then Solicitor General Marcelo, who was deputized in April 2001 by then Ombudsman Aniano Desierto as one of the principal prosecutors, initially acted as the “de facto” head of the legal panel that was in charge of prosecuting former President Joseph Estrada for plunder at the Sandiganbayan. He later became the official head of the legal panel when he was appointed Ombudsman in October 2002.
As head of the prosecution team, Sonny Marcelo did not only play the role of “General” but also, in certain instances, acted as a field “commando”. Thus, apart from devising the prosecution's strategy and trial tactics, doing the final review of the pleadings and studying the proposed testimonies of the witnesses, he also personally presented three “star” witnesses, namely: Gov. Luis “Chavit” Singson, Clarissa Ocampo and Manuel Curato, of the prosecution.
Amidst threats to his person and family, the lack of financial resources and legal personnel and despite a phalanx of expensive lawyers hired by former President Estrada, Sonny Marcelo, with only a handful of dedicated public and private lawyers to assist him, persevered until the completion of the criminal proceedings against the former.
When he left government service for health reasons in November 2005, Sonny Marcelo continued to serve as the head, though again in a “de facto” capacity, of the legal panel that was prosecuting former President Estrada. A month after the effective date (30 November 2005) of his resignation as Ombudsman, he started reviewing all the records, including the transcripts of stenographic notes, of the case and personally drafted the final memorandum for the prosecution for submission to the Sandiganbayan. (With the submission of their respective memoranda by the prosecution and the defense, the case was deemed submitted for resolution.) Further, he, together with the other members of the legal panel, advised then Special Prosecutor Dennis Villa-Ignacio on the cross-examination of the defense witnesses, particularly accused former President Estrada. In fact, until the termination of the Estrada plunder case in 2007, Sonny Marcelo temporarily shelved the revival of his legal career, opting not to return immediately to private practice and thus, eschewing lucrative cases which came his way, to vigilantly pursue what to him was the most important case not only in his professional life but in the history of our nation.
On 12 September 2007, after six years of continuous trial, the Sandiganbayan rendered a judgment convicting former President Estrada for plunder and imposing on him the penalty of reclusion perpetua. As reported in the 13 September 2007 front page of the issue of the Philippine Daily Inquirer:
“‘I TOOK A GAMBLE,’ JOSEPH Estrada said—and the nation watched as the gambler lost.
It generally subdued proceedings that lasted barely 15 minutes and broadcast live on radio and television, the Sandiganbayan's Special Division yesterday pronounced the 70-year-old ousted President guilty of plunder and sentenced him up to 40 years in prison. He left the courtroom teary-eyed and trailed by weeping family members and supporters.
x x x x
"“The court observed that this was the first case of plunder to be filed against ‘the highest official of the land, a former President, among others.’ "
"‘Needless to state, the resolution of this case shall set significant historical and legal precedents,’ it said.” (Philippine Daily Inquirer, 13 September 2007, at pages 1, A-21)"
Indeed, it is a testament to the high level of professionalism and dedication of Sonny Marcelo and his legal team that former President Estrada had acknowledged his guilt when he accepted a controversial and highly unpopular pardon from President Gloria Macapagal Arroyo.
It may be true that a convicted plunderer escaped the life sentence that he deserved through no fault of the prosecution panel, but for Sonny Marcelo, the work, for the moment, was done and the message had been sent to corrupt public officials, even those at the highest echelons of power – a few good men still exist who are willing to dedicate their lives, make the needed sacrifices and persevere to overcome numerous obstacles to see to it that justice is done and that the Rule of Law is followed.
Former Chief Justice Artemio Panganiban, in his column in the Philippine Daily Inquirer, praised Sonny Marcelo:
"“(GMA) appointed a no-nonsense Ombudsman, Simeon Marcelo, who diligently investigated the charge, promptly filed the appropriate information and, together with Special Prosecutor Dennis Villa-Ignacio, vigorously prosecuted the former president (Estrada).” (05 June 2010)"
In the January 2008 issue of KILOSBAYAN, Sonny Marcelo and his team of prosecutors in the Estrada case were described as follows:
"“They did what no legal team had done in Philippine history: win a corruption case against the biggest fish of all, a President of the Republic."
If the plunder trial of Joseph Ejercito Estrada were an inter-university basketball contest, it would have been a battle royale between the combined legal team of the Ateneo Blue Eagles and the University of the Philippines Fighting Maroons versus the All-Star Team.
Estrada’s All-Star Team had a Michael Jordan in Estelito Mendoza. Not only is Mendoza the highest paid