Ombudsman Samuel Martires has the option to dismiss Overall Deputy Ombudsman Melchor Arthur Carandang from his post, but the latter could challenge the directive in the Supreme Court, Sen. Aquilino Pimentel III said on Monday.
Pimentel, a lawyer, said Martires would not be defying the law by implementing the decision of the Office of the President sacking Carandang for disclosing the Ombudsman’s investigation of President Rodrigo Duterte’s bank transactions.
“All of these [actions] have a presumption of regularity,” Pimentel said in an interview.
Should Martires proceed to dismiss Carandang, the latter could go to the high court to challenge the validity of the Palace directive, Pimentel said.
“Carandang would be vindicated if he is correct,” he added.
Unconstitutional
Malacañang issued the controversial order last July 30 despite a 2014 Supreme Court decision that declared such an act as unconstitutional.
The ruling invalidated a provision in the Ombudsman Act that allows the President to discipline the independent body’s deputies.
But after he took his oath on Monday before acting Chief Justice Antonio Carpio, Martires avoided a confrontation with the Palace over the issue.
In an interview with reporters, Martires said he did not have to implement the controversial order.
Pressed to provide a categorical answer, Martires said:
“I don’t think there’s anything for me [to do]. I don’t have any discretion with respect to that because once ODO (Overall Deputy Ombudsman) Carandang 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.”
Constitutional body
He neither confirmed nor denied whether the President had the authority to dismiss a deputy Ombudsman, an official of an independent constitutional body.
“This is a matter that is left to the courts to decide,” Martires added.
His predecessor, Conchita Carpio Morales, had defied Malacañang, saying the high court had ruled that the President could not dismiss Ombudsman officials.
At a budget briefing on Monday in the House of Representatives, Carandang said he would file an appeal with the Office of the President to reiterate his contention that it had no jurisdiction over Ombudsman officials.
Martires was supposed to retire in January next year, but the President, his fraternity brother at San Beda law school, decided to appoint him Ombudsman.
The Ombudsman’s office, however, will stop issuing press releases whenever it finds probable cause to order the indictment of public officials and employees, he said. —With a report from Vince F. Nonato