If all else fails for Carandang, Martires bound to implement dismissal order

Melchor Arthur Carandang —INQUIRER FILE PHOTO

Newly-appointed Ombudsman Samuel Martires on Monday said he has no choice but to implement the order of dismissal issued by Malacañang if available remedies did not sit well in favor of Overall Deputy Ombudsman (ODO) Melchor Arthur Carandang.

Carandang was ordered dismissed after a complaint was filed against him for disclosing to media some information on the alleged unexplained wealth of President Rodrigo Duterte and members of his family.

READ: Malacañang fires deputy Ombudsman Carandang 

For now, Martires said Carandang has 15 days to file his motion for reconsideration.

“I have to wait until such time that Malacañang denies that Motion shall I cross the bridge,” he said.

“I don’t think there is anything for me [to implement the order] because once ODO goes to the Court of Appeals, I think he knows that immediately he has to leave the office. I don’t have to implement the decision of Malacañang,” Martires told reporters acknowledging the possibility that the case could even reach the Supreme Court.

However, once Carandang’s motion for reconsideration has been denied or he fails to get a restraining order from the Court of Appeals, Martires said: “I have no choice.”

“It will depend on ODO…I do not think he’s that hard headed. I see him as a very reasonable guy. I knew him since I was in the Sandiganbayan. I think ODO Carandang will just follow what the law provides,” Martires added.

Asked why he would enforce the dismissal order despite the standing 2014 Supreme Court ruling that voided the president’s disciplinary jurisdiction over a deputy Ombudsman, he replied: “This is a matter that is left to the courts to decide, I don’t want to comment on that at the moment.”

Martires’ predecessor, Conchita Carpio-Morales, refused to enforce an earlier suspension order issued by the Palace also against Carandang due to this jurisprudence.   /vvp