MANILA, Philippines — Ombudsman Samuel Martires said his office could not invoke the Supreme Court ruling on the president’s jurisdiction over disciplinary cases of ombudsman executives in the case of Overall Deputy Ombudsman Melchor Carandang.
Martires and Carandang sat before the House of Representatives Committee on Appropriations for the Office of the Ombudsman’s proposed budget for fiscal year 2019 on Monday afternoon.
During the interpellation of the lawmakers, Martires was asked to clarify his statement on the enforcement of the executive branch’s dismissal order against Carandang.
Rep. Antonio Tinio (ACT Teachers’ party-list) asked if the ombudsman has already “accepted” the Palace’s jurisdiction over the administrative case of Carandang. This, despite an SC ruling that declared as unconstitutional the president’s disciplinary jurisdiction over a deputy ombudsman.
“I cannot take the law into my hands. I cannot invoke this decision of the Supreme Court because I am not the respondent in this case. The respondent in this case is the Overall Deputy Ombudsman Carandang,” Martires said.
“It is not the Office of the Ombudsman who should invoke the decision. It should be Carandang. Otherwise, I would be lawyering for Carandang,” he added.
Early on Monday, Martires said that should the Office of the President junk Carandang’s motion for reconsideration, he would have “no choice” but to implement the dismissal order.
The ombudsman, however, added that it would still depend on Carandang.
“I don’t think he’s that hard-headed. I see him as a very reasonable guy. I knew him since I was in the Sandiganbayan. I think ODO Carandang will just follow what the law provides,” said Martires.
Carandang will challenge case jurisdiction
When the Palace ordered a 90-day suspension against Carandang—based on the same complaint—last January, then-Ombudsman Conchita Carpio-Morales said she would not enforce the ruling.
She called the decision as “patently unconstitutional.”
“The ombudsman will thus not allow herself to betray her sworn duty to uphold the Constitution by recognizing what is patently unconstitutional,” a statement from the office of Morales said.
Carandang, for his part, said he would appeal his case before the Office of the President.
Asked on whether his filing of a motion for reconsideration means recognition of the Office of the President’s jurisdiction over his case, Carandang said he meant to challenge it. He said he has “already raised the question of jurisdiction before the Office of the President" and he would raise the same argument in his appeal.
Martires has officially taken his oath of office as the country’s new chief graft-buster before Acting Chief Justice Antonio Carpio on Monday morning.
He was President Rodrigo Duterte’s first appointee to the SC. Martires, who turns 70 next year, was appointed ombudsman before reaching the mandatory retirement age for a justice.