SolGen Calida: President has authority to discipline Deputy Ombudsman

Solicitor General Jose Calida on Tuesday defended Malacañang's decision to charge and suspend Overall Deputy Ombudsman Melchor Arthur Carandang for supposedly disclosing the alleged bank transactions of President Rodrigo Duterte and members of his family.

Calida said the President has the authority to do so despite a Supreme Court (SC) decision declaring that the the Chief Executive may discipline the Special Prosecutor but not the Deputy Ombudsman.

“The Constitution is clear that only the Ombudsman is subject to impeachment proceedings,” Calida said.

“While silent as to the disciplinary authority over a Deputy Ombudsman, the subsequent enactment of the Ombudsman Act [Republic Act 6770) filled this gap and expressly granted the authority to the President."

Calida was referring to Section 8(2) of RA 6770 which the SC declared unconstitutional on January 28, 2014 for violating the independence of the Office of the Ombudsman. 

An earlier ruling in 2012 ruled for the constitutionality of the provision on an even vote of 7-7, leading to the dismissal of the consolidated petitions of then-Deputy Ombudsman Emilio Gonzales III and then-Special Prosecutor Wendell Barreras-Sulit.

In its 2014 ruling, the SC said the law directly collided not only with the independence that the Constitution guarantees to the Office of the Ombudsman, "but inevitably with the principle of checks and balances that the creation of an Ombudsman office seeks to revitalize."

However, Calida, citing the opinion of Senior Associate Justice Antonio Carpio, said that the independence of the Office of the Ombudsman is not the same as the independence provided to other governmental bodies such as the judiciary.

Carpio said the proposition that an external disciplinary authority compromises the Ombudsman’s independence "fails to recognize that the Constitution expressly authorizes Congress to determine the mode of removal of all non-impeachable officers and employees."

"It also fails to recognize that under a system of checks and balances, an external disciplinary authority is desirable and is often the norm," the magistrate said.

Calida said Carandang is free to challenge the administrative proceedings at the Office of the President before the courts.

"Nonetheless, my office is ready to defend the action of the Office of the President in suspending Carandang. We are confident that the Supreme Court will reverse its 2014 ruling," the solicitor general said. — RSJ, GMA News