Presidential chief legal counsel Salvador Panelo. (File photo by VINCE F. NONATO / Philippine Daily Inquirer)
Ombudsman Conchita Carpio-Morales may face criminal and administrative charges for her refusal to enforce the suspension order against Deputy Overall Ombudsman Melchor Arthur Carandang, chief presidential legal counsel Salvador Panelo said on Wednesday.
“The suspension should be implemented by the Office of the Ombudsman,” Panelo said in a statement. “Otherwise, its officials risk violating the same legal process that they assume to adhere to.”
“Any willful refusal to do so or any deliberate act impeding such enforcement may open the said official to administrative and criminal sanctions,” he added.
“Anyone who disagrees with the suspension is free to question the same before the courts,” he said.
On Wednesday, Morales broke her silence and said her office would not enforce Malacañang’s suspension order against Carandang, saying it was unconstitutional.
But Panelo said: “Duterte has no desire or intention to intrude upon the Constitutionally enshrined independence of the Office of the Ombudsman.”
“In suspending Overall Deputy Melchor Arthur Carandang, the President is in fact protecting and preserving the Constitutional article on Public Accountability,” he said.
Duterte’s top lawyer cited Section 1, Article XI of the Constitution, which says that “Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.”
“Thus, the President is just adhering to his mandate to ensure that all laws are faithfully executed, including the Constitution,” Panelo said. “To be clear, the implementation of check-and-balances in government and the enforcement of public accountability is not incongruent with the respect for Constitutionally guaranteed independence.” /atm