Sun.Star Cebu

New anti-corruption body has ‘no power over Ombud, SC’

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Senate Minority Leader Franklin Drilon yesterday said the new anti-corruption commission created by President Rodrigo Duterte cannot be used to discipline members, officials and employees of the Ombudsman and the judiciary.

“We laud the intention of Executive Order No. 43 if it is really to assist the President in investigat­ing and/or hearing administra­tive cases primarily involving graft and or corruption against all presidenti­al appointees in the executive branch,” Drilon said.

“However, the executive order cannot be extended outside the executive branch without violating the core principles of independen­ce and checks and balances enshrined in the Constituti­on,” he added.

EO 43 created the Presidenti­al Anti-Corruption Commission, whose mandate is to “directly assist the President in investigat­ing and/or hearing administra­tive cases primarily involving graft and or corruption against all presidenti­al appointees.”

Drilon explained that by virtue of constituti­onal independen­ce, the EO cannot be used to discipline or recommend actions against any member, official and employee of other branches of government, including Congress, the Judiciary, Civil Service Commission, Commission on Audit, Commission on Elections, Commission on Human Rights, and the Office of the Ombudsman.

Drilon said the Supreme Court, in many cases, upheld the constituti­onal independen­ce of the Ombudsman and disallowed the President from removing or disciplini­ng officials belonging to the constituti­onal bodies.

Drilon said Section 5 (c) of the EO “may be legally challenged” as an infringeme­nt on the independen­ce of other branches of government and constituti­onal bodies.

This provision states that “upon instructio­ns of the President, or motu proprio, the Commission may also conduct lifestyle checks and fact-finding inquiries on acts or omissions of all presidenti­al appointees, including those outside of the Executive Branch of government, which may be violative of

What we want to prevent here is a situation wherein constituti­onal offices would be under the mercy of the executive that they are mandated to investigat­e. SENATE MINORITY LEADER FRANKLIN DRILON

the Constituti­on, or contrary to law, rules and regulation­s, and/ or constitute serious misconduct tantamount to betrayal of public trust.”

Citing Gonzales v. Office of the President (GR 196231), Drilon said that constituti­onal bodies such as the Ombudsman, by virtue of its constituti­onal independen­ce, may not be removed or discipline­d by the President.

Drilon said “the limitation of the power of the President to discipline the members of these constituti­onal bodies is to preserve its independen­ce and isolate them from the President’s influence and political pressure.”

“What we want to prevent here is a situation wherein constituti­onal offices would be, in effect, under the mercy of the executive that they are mandated to investigat­e,” Drilon said.

Drilon further said that only the heads of these constituti­onal bodies can discipline their personnel, while it is the duty of Congress to investigat­e and prosecute impeachabl­e officials.

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