Calida says he is ready to defend Carandang suspension

MANILA, Philippines — Solicitor General Jose Calida said that he is ready to defend the Office of the President's suspension of the Overall Deputy Ombudsman Melchor Carandang before any court.

In a statement on Tuesday, Calida said that Carandang, who was ordered suspended by the Office of the Exeucutive Secretary, is "free to seek redress before the competent court."

Calida, who has successfully defended controversial executive memorandum before the SC, added: "The constitution is clear that only the Ombudsman is subject to impeachment proceedings."

The OES, on Monday, charged Carandang with grave misconduct and grave dishonesty and ordered 90-day preventive suspension of the Office of the Ombudsman executive.

This, despite a 2014 Supreme Court ruling that held that disciplinary jurisdiction of the president over a deputy ombudsman is unconstitutional, as it violates the independence of the Office of the Ombudsman.

But the government's chief legal counsel defended the Malacañang's rulin g that the disciplinary authority over an Ombudsman rests with president, who has the appointing authority over members of the judiciary.

"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," Calida said.

"The Supreme Court has held that the power to discipline is lodged in the same authority in whom the power to appoint is vested," he added.

Calida also said: "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."

Presidential Spokesperson Harry Roque also on Tuesday insisted that the OP "has the power to discipline" Carandang.

Roque said that the Malacañang will implement the order as it is immediately executory. He also echoed the same sentiment of Calida: "If he (Carandang) wants to go to court, because I understand he's saying it's unconstitutional, let him."

EXPLAINER: Can the Office of the President suspend Deputy Ombudsman Carandang?