Melchor Arthur Carandang —INQUIRER FILE PHOTO
To avert a constitutional crisis, two senators think that the Supreme Court (SC) could intervene and resolve the conflict between Malacañang and the Office of the Ombudsman over the suspension of Overall Deputy Ombudsman Melchor Arthur Carandang.
The Office of the President has ordered Carandang’s suspension for allegedly leaking President Rodrigo Duterte’s bank records but Ombudsman Conchita Carpio-Morales refused to enforce the order, citing a 2014 SC ruling.
To break the impasse, Senator Francis Escudero said the Solicitor General, as the lawyer of government, could raise the issue before the SC “for mandamus/certiorari or the Ombudsman via an injunction/certiorari.”
“The SC, as the final arbiter of all questions of law, has the power to decide between the competing interests/interpretations of the government and an independent constitutional body,” Escudero, a lawyer, said in a text message to reporters.
“This is the legal, peaceful and best course of action on the part of either or both the government and the Ombudsman instead of sending the police to serve and effect the suspension order given the Ombudsman’s divergent interpretation of the law from that of government.”
“This is the best course of action on the part of either or both the government and the Ombudsman to avert a stand-off or constitutional crisis,” Escudero added.
Senate Minority Leader Franklin Drilon also warned of a constitutional crisis if the high tribunal would not immediately intervene.
“The Supreme Court should immediately intervene. Otherwise, there could a constitutional crisis as there is a conflict and a clash between two independent constitutional offices –the President and the Ombudsman,” Drilon said in another text message to reporters.
Like Escudero, the Minority leader said Malacañang could file a petition for mandamus with the SC to compel Morales to implement the suspension order or the Ombudsman and Carandang could file a petition to set aside the order and seek a temporary restraining order.
“The Supreme Court must rule as the final arbiter,” Drilon stressed. /kga