DISMISSED Deputy Ombudsman Melchor Arthur Carandang may opt to seek judicial review of the dismissal order lodged against him by President Rodrigo Duterte's office, Malacañang said Friday, August 3.
While insisting that there were substantial grounds for the executive office to fire Carandang, Presidential Spokesperson Harry Roque Jr. said the sacked anti-graft official may contest the verdict against him before competent courts.
"The dismissal order is founded on both facts and law. And that if Deputy Ombudsman, former Deputy Ombudsman Carandang disagrees with it, then he can avail [himself of] of judicial review," Roque said in a press conference in Bukidnon.
Carandang was ordered dismissed from service by Malacañang on July 30, after he made public the alleged confidential information about Duterte and his family's bank accounts, which purportedly contained billions of pesos accumulated from illicit activities.
READ: Ombudsman exec ordered dismissed
https://www.voxpop.com.ph/article/1755768/Manila/Local-News/Overall-Deputy-Ombudsman-Melchor-Arthur-Carandang-ordered-dismissed
In September 2017, Carandang, tasked to look into the plunder complaint filed against Duterte by Senator Antonio Trillanes IV, disclosed the bank records of Duterte and his family that were allegedly provided by the Anti-Money Laundering Council (AMLC).
Malacañang, in its dismissal order, claimed that Carandang was found liable for graft and corruption, and betrayal of public trust, as he was "clearly only interested to broadcast an information adverse to the President."
Trillanes defended Carandang on Thursday, August 2, saying the decision of Duterte's office against the anti-graft official was "illegal and unconstitutional."
READ: Palace to Trillanes: Carandang's dismissal 'legal, constitutional'
https://www.voxpop.com.ph/article/1755979/Manila/Local-News/Palace-to-Antonio-Trillanes-IV-Melchor-Arthur-Carandangs-dismissal-legal-constitutional
Section 8(2) of Ombudsman Act or Republic Act 6770 states that "A Deputy, or the Special Prosecutor, may be removed from office by the President for any of the grounds provided for the removal of the Ombudsman, and after due process."
But on January 28, 2014, the Supreme Court ruled that it is "unconstitutional" for a President to impose disciplinary action over a deputy ombudsman, as it violates the anti-graft body's independence.
Roque, however, turned the tables on Carandang, stressing that it was "unethical" for the latter to use the Ombudsman's office for his own political agenda.
"Now, is it (the decision against Carandang) unethical? I think it was unethical for Carandang to have used his office for political reason, it's because that's clearly what motivated him to use unverified information from the AMLC in a manner that is contrary to law," the Palace official said.
"Clearly, he violated the Anti-Money Laundering Act himself when he made public certain documents which was later on confirmed by AMLC not to be accurate. So it was really tsismis (hearsay) on a matter that should have been handled on a confidential basis. And I think that merits the order of dismissal," he added.
Roque then said the dismissal order against Carandang was "immediately executory."
He said the executive branch would let recently-installed Ombudsman Samuel Martires to implement Carandang's removal from office.
READ: Justice Samuel Martires is new Ombudsman
https://www.voxpop.com.ph/article/1754770/Manila/Local-News/Justice-Samuel-Martires-is-new-Ombudsman
"As far as I know, it is the [Office of the President] that should implement that. But we leave it to the incoming Ombudsman how it will be implemented. We will give him the opportunity to implement that," Roque said.
"We would want to see that the order be implemented immediately as soon as the new Ombudsman takes his oath," he added. (VoxPop Philippines)
