The Supreme Court decision made on Jan. 28, 2014 stating that the Office of the President has no disciplinary authority over a deputy ombudsman became final and executory in May that same year, which means it can no longer be appealed or revised.
Earlier, Solicitor General Jose Calida maintained that the President has the authority to discipline a deputy ombudsman, which was contrary to the jurisprudence established by the SC decision (G.R. 196231).
In that decision, penned by Associate Justice Arturo Brion, the high court, voting 8-7, ruled as unconstitutional Section 8(2) of the Ombudsman Act, which the President disciplinary power over a deputy ombudsman.
It held that of the appointed officials in the Office of the Ombudsman, only the special prosecutor was covered by the Palace’s power of discipline.
Calida said they would defend the President’s suspension order against Carandang and expressed confidence that the SC would uphold it and reverse its earlier ruling.
But according to the high court’s Public Information Office case was recorded in the Book of Entries of Judgment in May 2014. A PIO provided INQUIRER.net a copy of the entry.
Under court rules, this means that the case can no longer be appealed or revised. /atm