FROM SHAKING HANDS TO LOCKING HORNS President Duterte shakes hands with Ombudsman Conchita Carpio Morales on the sidelines of the 2016 Search for Outstanding
Government Workers in Malacañang on Dec. 19, 2016. More than a year later, they find
themselves locking horns over the issue of whether the President has the power to suspend the
Deputy Ombudsman. —MALACAÑANG PHOTO
The Supreme Court (SC) must step in to prevent a constitutional crisis brought about by the refusal of Ombudsman Conchita Carpio Morales to implement Malacañang’s order suspending her overall deputy Melchor Arthur Carandang, two senators said on Thursday.
Senate Minority Leader Franklin Drilon and Sen. Francis Escudero suggested that either Solicitor General Jose Calida or Morales seek the intervention of the high court, which is the final arbiter on the matter.
“Otherwise, there could be a constitutional crisis, as there is a conflict and a clash between two independent constitutional offices—the President and the Ombudsman,” Drilon said in a statement.
Mr. Duterte’s office on Monday ordered Carandang suspended for 90 days for allegedly disclosing confidential information last September about the agency’s inquiry into the alleged unexplained wealth of the President.
Morales said suspending Carandang was in violation of a Supreme Court ruling in 2014 that declared unconstitutional a provision in the Ombudsman law that previously gave the President power to discipline the deputies of the Ombudsman.
“The mere fact that a statutorily created sword of Damocles hangs over the Deputy Ombudsman’s head, by itself, opens up all the channels for external pressures and influence of officialdom and partisan politics,” the Supreme Court said in its ruling.
Morales expressed “concern” over the Palace order, describing it as “an impairment of the constitutionally enshrined independence” of the Ombudsman.
Mr. Duterte has threatened to file an impeachment complaint against Morales after her office launched an inquiry into allegations that he had billions of pesos in undeclared funds in several bank accounts.
Last year, Carandang told reporters that Mr. Duterte’s bank accounts, which showed discrepancies with his official statement of assets, liabilities and net worth, pointed to a potential violation of the law.
Undeclared funds
The inquiry followed a complaint by Sen. Antonio Trillanes IV that Mr. Duterte had transactions totaling P2.2 billion in several bank accounts between 2006 and 2015, when he was mayor of Davao City, committing a criminal offense by failing to include them in an official declaration.
Mr. Duterte has denied the allegations.
In a statement, Drilon said “Malacañang can file a petition for mandamus with the Supreme Court to compel the Ombudsman to implement the suspension of Deputy Ombudsman Carandang if he [Calida] believes that the President can suspend Carandang.
“Or, Morales and Carandang can file a petition in the Supreme Court to set aside Malacañang’s suspension order, and seek a temporary restraining order (TRO), on the ground it is contrary to the Supreme Court ruling,” Drilon said.
“Which interpretation is correct cannot be left to the President or the Ombudsman. The Supreme Court must rule as the final arbiter,” Drilon added.
‘Best course of action’
Echoing Drilon’s suggestion, Escudero said this was the “best course of action” on the part of either the Palace or the Ombudsman “to avert a standoff or a constitutional crisis.”
Told that Morales invoked a 2014 high court ruling in defying the Palace suspension order for Carandang, Escudero said the high court had reversed its decisions many times.
Trillanes, in a statement, said he was supporting Morales’ defiance “to what is clearly an illegal and unconstitutional order by Duterte and his minions to suspend Deputy Ombudsman Carandang.”
“Besides the Ombudsman and her deputies being independent, the President had suspended the person investigating his hidden wealth. It’s clearly obstruction of justice,” the senator said.
In a statement, Sen. Leila de Lima also expressed support for Morales in upholding the independence of her office.
“To Ombudsman Morales and her deputies, do not waver in this fight for your independence and constitutional mandate,” De Lima said, adding that majority of law-abiding citizens were behind the Ombudsman.
Panelo urges compliance
Presidential Legal Counsel Salvador Panelo said Morales must comply with the order or risk facing administrative and criminal sanctions.
“Until a competent court declares that such official act is in violation of the law and the Constitution, President Duterte’s order of preventive suspension from office of Deputy Ombudsman Carandang is presumed to be valid and legal,” Panelo told reporters.
Presidential spokesperson Harry Roque on Thursday dared Carandang to get a TRO from the Supreme Court if he thought the President could not suspend him.
Without a TRO, Roque said the President would implement the law.
“There cannot be an impasse. There’s only one sitting President in this country and he will implement the law,” Roque said in a press briefing in Baguio City. —REPORTS FROM CHRISTINE O. AVENDAÑO, LEILA B. SALAVERRIA