Deputy Ombudsman Melchor Carandang “used his position and gossip to malign the President,” Malacañang said of its move to dismiss the official for disclosing a report that the Anti-Money Laundering Council said was fake.
Presidential spokesperson Harry Roque said in a radio interview on Thursday that the Palace had found Carandang liable for improperly making public statements about allegations in an ongoing investigation, contrary to his duty to protect confidential information.
No jurisdiction
But Sen. Antonio Trillanes IV condemned Malacañang’s dismissal of Carandang, saying the Office of the Ombudsman was not under the President’s jurisdiction.
Trillanes accused the President of resorting “to cover-up and harassment tactics.”
President Duterte could not face allegations about his family’s unexplained wealth, he said.
“Not only is this [dismissal] illegal and unconstitutional since the Office of the Ombudsman is an autonomous constitutional body; it is also highly unethical to fire the very same person investigating him,” the senator said.
Carandang’s statements about the Dutertes’ unexplained wealth stemmed from a complaint filed by Trillanes, one of the President’s fiercest critics.
In an order dated July 30, Executive Secretary Salvador Medialdea ordered Carandang’s dismissal, with accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, being barred from taking civil service examinations, and perpetual disqualification from holding public office.
Up to Supreme Court
“He is free to question [his dismissal] before the court, but as long as there [was] no temporary restraining order, he will be dismissed,” Roque said.
Sen. Panfilo Lacson said it would be up to the Supreme Court to decide the legality of Carandang’s dismissal.
Lacson noted that newly retired Ombudsman Conchita Carpio Morales had insisted that her office was an independent body and refused to implement an earlier Malacañang order to suspend Carandang.
In a January 2014 ruling, the Supreme Court declared unconstitutional the provision in the Ombudsman Act that said “a Deputy or the Special Prosecutor may be removed from office by the President or any of the grounds provided for the removal of the Ombudsman and after due process.”
Detained Sen. Leila de Lima also slammed Carandang’s dismissal, saying it was “unjust, unfair,” and “too harsh a penalty… (done) to cover up (the President’s) wrongdoing.”
Litmus test
The Palace order was a litmus test for new Ombudsman Samuel Martires, said Bayan Muna Rep. Carlo Zarate, who said it remained to be seen if Martires would support Morales’ position. —WITH A REPORT FROM JODEE A. AGONCILLO