Carandang dismissal up to ombudsman – Palace

Newly appointed Ombudsman Samuel Martires is apparently facing a challenge from Malacañang to implement the dismissal order issued by the Office of the President against overall deputy ombudsman Arthur Carandang.

In a press briefing in Bukidnon yesterday where Duterte inaugurated the Nothern Mindanao Wellness and Rehabilitation Center in Barangay Casisang in Malaybalay, presidential spokesman Harry Roque Jr. said the Palace would leave it up to Martires to enforce Carandang’s dismissal.

“As far as I know, you know it is the OP that should also implement that, but we leave it to the incoming ombudsman how it will be implemented. We will give him the opportunity to implement that,” he said.

“Normally, it’s the Office of the President that implements decision, like in the ERC (Energy Regulatory Commission), for presidential appointees; but we will await Ombudsman Martires’ assumption into his new office and we would hope that decision be executed as soon as possible,” Roque said.

Despite the claims of opposition Sen. Antonio Trillanes IV that the move was ill-motivated and unconstitutional, Roque maintained that the Office of the President has power to discipline its appointees.

“I think it’s very clear that the dismissal order is founded on both facts and law; and that if former deputy ombudsman Carandang disagrees with it, then he can avail of judicial review,” Roque said.

“But, meanwhile, it’s immediately executory and we would want to see that the order be implemented immediately as soon as the new ombudsman takes his oath,” he said.

Roque maintained that Carandang violated the AntiMoney Laundering Act when he made public certain documents, which were later confirmed by Anti-Money Laundering Council (AMLC) to be inaccurate.

“So, it was really ‘tsismis’ on a matter that should have been handled on a confidential basis; and I think that merits the order of dismissal,” the Palace official said.

“Now, is it unethical? I think it was unethical for Carandang to have used its office for political reasons, because that’s clearly what motivated him to use unverified information from the AMLC, in a manner that is contrary to law,” Roque said.

Sen. Leila de Lima said yesterday the dismissal by Malacañang of Carandang has implications on the country.

In a statement, De Lima said the dismissal of Carandang shows that President Duterte has no respect for the law because he defied the ruling of the Supreme Court, which stated that only the ombudsman could carry out disciplinary action over his deputies.

She said the action taken against Carandang also sends a strong signal to Ombudsman Martires that “he is better off not to question Malacañang’s usurpation of the ombudsman’s disciplinary authority over his deputies.”

Malacañang has been critical of Carandang, who was handling the plunder complaint filed against the President by Trillanes.

In particular, Carandang was assailed by Malacañang for previously saying that the bank records he had in his possession, which came from the Anti-Money Laundering Council, were similar to the documents submitted by Trillanes in his complaint.