‘Sacked deputy ombudsman brought it to himself’
DEPUTY Ombudsman Melchor Arthur Carandang has only himself to blame for his dismissal from service, President Rodrigo Duterte’s top lawyer has said, insisting that Malacañang’s decision was compliant with the Constitution.
In a statement, Chief Presidential Legal Counsel Salvador Panelo noted that Carandang violated the law when he publicly claimed to have received documents containing alleged bank transactions of the President from the Anti-Money Laundering Council (AMLC).
“Disclosure of investigatory records compiled for law enforcement purposes is strictly prohibited because production of such records deprives one of a right to a fair and impartial proceeding and affects public opinion, thereby creating a biased atmosphere against him,” Panelo said.
“The AMLC later denied furnishing the Office of the Ombudsman with any report as a consequence of any investigation of the alleged bank accounts of the President. This confirms that the public assertion of Mr. Carandang is not only fake but is motivated by malice with the sole purpose of besmirching the reputation of the President,” he added.
Malacañang, in an order dated July 30, dismissed Carandang for publicizing confidential information about Duterte and his family’s bank records that contained multibillion-peso accounts supposedly obtained from illegal activities.
Duterte’s office found Carandang accountable for graft and corruption, and betrayal of public trust, as the ousted anti- graft official was “clearly only interested to broadcast an information adverse to the President.”
Carandang in September last year said the Office of the Ombudsman had started looking into the wealth of the President and his family, and that it was coordinating with the AMLC.
The AMLC, however, said it had not released any report to the Ombudsman as it was yet to evaluate its request for an investigation of the President and his family’s bank accounts.
Panelo said the Office of the President was merely performing its duties to punish high-ranking officials who violate laws, such as Carandang.
“In dismissing Mr. Melchor Arthur H. Carandang as Overall Deputy Ombudsman, the Office of the President was only performing its mandate pursuant to the Constitution to strictly enforce the laws and punish those who violate the same,” the President’s top lawyer added.
“Mr. Carandang has no one to blame but himself and his partisan benefactors for the unfortunate situation he is currently in. The fact that he is from the Office of the Ombudsman and holds a high position therein is also immaterial in light of the commitment of the Office of the President to enforce the law, which necessarily involved the principle of checks and balances, against any appointive official, regardless of rank or political viewpoint,” he said.
Panelo brushed off Sen. Antonio Trillanes 4th’s claim that the dismissal order against Carandang was “illegal and unconstitutional.”
He said Carandang had exhibited “manifest partiality” toward Duterte and his family.
“Contrary to the assertions of the critics of its unconstitutionality, there is nothing illegal as regards Mr. Carandang’s dismissal. What is patently illegal is what Mr. Carandang did when he created a prejudiced environment against a person whom he was investigating,” Panelo added.
“At any rate, every very official act is accorded the presumption of regularity. Until and unless a court of competent jurisdiction declares the act of dismissing Mr. Carandang from service is in violation of the Constitution or the law, the same is considered valid and enforceable. The Office of the President continue [s] to protect the rights of each and every Filipino against unjust and biased officials like Mr. Carandang,” he said.