(Eagle News)– The President had the authority to discipline the Deputy Ombudsman.
Solicitor General Jose C. Calida, the government’s top lawyer, issued the statement on Tuesday, following allegations President Rodrigo Duterte erred in suspending Deputy Ombudsman Melchor Carandang for grave misconduct and grave dishonesty.
“The Constitution is clear that only the Ombudsman is subject to impeachment proceedings,” Calida said.
According to Calida, “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.”
He added that the Supreme Court, in an opinion made by Justice Antonio Carpio, has “held that the power to discipline is lodged in the same authority in whom the power to appoint is vested.”
“Deputy Ombudsman Carandang is free to seek redress before the competent court,” Calida said.
“Nonetheless, my office is ready to defend the action of the Office of the President in suspending Carandang,” Calida said.
He expressed confidence the Supreme Court will reverse its 2014 ruling that declared unconstitutional Section 8(2) of the Ombudsman Act of 1989, which grants the president the power to remove a Deputy Ombudsman, by a vote of eight against seven (8-7).
“An earlier ruling in 2012 ruled for the constitutionality of the assailed provision on an even vote of seven to seven (7-7), leading to the dismissal of the petition,” the Office of the Solicitor General said.
Carandang was suspended for 90 days for “divulging valuable information of a confidential character acquired by his office or by him on account of his position,” the Palace said.