PRESIDENT Rodrigo Duterte has the "valid and legal" ground to order the suspension of Deputy Ombudsman Melchor Arthur Carandang, his chief legal counsel said Wednesday, January 31.
Chief Presidential Legal Counsel Salvador Panelo insisted that Duterte has the jurisdiction to discipline Carandang, unless a court rules that such act violates the law and the Constitution.
"Until a competent court declares that such official act is in violation of the law and the Constitution, President Rodrigo Duterte's order of preventive suspension from office of Deputy Ombudsman Carandang is presumed to be valid and legal," he said in a statement sent to Palace reporters.
Panelo's remark was in response to Ombudsman Conchita Carpio-Morales' statement earlier Wednesday that she would not enforce Malacañang's suspension order against Carandang.
The Office of the Executive Secretary had charged and suspended Carandang for grave misconduct and grave dishonesty because of supposedly disclosing Duterte's bank accounts.
Morales hit Duterte's office order, which she said was a breach of the Ombudsman office's independence.
She also stressed that the order was in violation of Supreme Court's 2014 decision, declaring the president's disciplinary action over a deputy ombudsman as "unconstitutional."
Panelo countered her remark and stressed that Carandang's case was different, asserting that the suspension was a "lawful and operative act."
"The circumstances of ODO Carandang differ. It is a basic tenet in law that governmental acts enjoy the presumption of regularity absent the proper legal challenge," he said.
"Thus, prior to any determination by a court of competent jurisdiction as regards the suspension of ODO Carandang, such suspension should be treated as a lawful and operative act," he added.
Duterte's top legal counsel said Morales could face administrative and criminal sanctions if she refuses to heed the suspension order against Carandang.
"It behooves therefore the public official authorized to implement the order to enforce the same against respondent Carandang. Any willful refusal to do so or any deliberate act impeding such enforcement may open the said official to administrative and criminal sanctions," Panelo said.
Panelo further said the President "has no desire or intention to intrude upon the Constitutionally enshrined independence of the Office of the Ombudsman" because suspending Carandang was in compliant with Section 1, Article 11 of the Constitution.
Section 1, Article 11 of the Constitution states: "Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives."
He said Duterte was merely "protecting and preserving" the Constitutional article on public accountability.
"The President is just adhering to his mandate to ensure that all laws are faithfully executed, including the Constitution. To be clear, the implementation of check-and-balances in government and the enforcement of public accountability is not incongruent with the respect for Constitutionally guaranteed independence," he said. (VoxPop Philippines)
