Solicitor General Jose Calida. Presidential Photo
Solicitor General Jose Calida on Tuesday maintained that the President has disciplinary authority over a deputy Ombudsman.
“The Constitution is clear that only the Ombudsman is subject to impeachment proceedings,” Calida said.
“While silent as to the disciplinary authority over a Deputy Ombudsman, the subsequent enactment of the Ombudsman Act filled this gap and expressly granted the authority to the President,” Calida added.
The Solicitor General was referring to Section 8 (2) of Republic Act 6770 or the Ombudsman Act which provides that “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.”
The Supreme Court, in 2014, however declared the said provision as unconstitutional for undermining the independence of the Ombudsman.
READ: President can’t discipline deputy ombudsman, says SC in 2014 ruling
Calida said “we are confident that the Supreme Court will reverse its 2014 ruling.”
On Monday, the Office of the President preventively suspended Overall Deputy Ombudsman Melchor Arthur Carandang for disclosing documents pertaining to the bank accounts of President Rodrigo Duterte.
READ: Palace suspends Deputy Ombudsman Carandang
Carandang claimed that the documents came from the Anti-Money Laundering Council (AMLC) but AMLC denied his claim.
“Deputy Ombudsman Carandang is free to seek redress before the competent court,” Calida said. /jpv