SC dismisses outright disbarment case vs Ombudsman

THE

Supreme Court (SC) junked Tuesday the disbarment case filed by losing 2016 senatorial candidate Greco Belgica against Ombudsman Conchita Carpio–Morales for lack of merit.

According to SC spokesperson Theodore Te, "the Court unanimously dismissed the complaint filed by Mr. Belgica for lack merit."

Te said Morales may only be removed by impeachment and she cannot be charged with disbarment during her incumbency as Ombudsman.

Under the 1987 Constitution, the Ombudsman is part of the short list of public officers who may be removed only by impeachment.

The high court said Belgica's argument that Morales could be charged for disbarment during her term but the penalty may be imposed after her term ends is "faulty."

"(Belgica's logic) is faulty and clearly contravenes the established principle that the Ombudsman, who may be removed from office only by impeachment, cannot be charged with disbarment during her incumbency," the court sai d.

In his petition filed last Friday, Belgica argued that Morales should be disbarred over her decision to acquit former Pr esi d en t Benigno Aquino III of charges related to the use of Disbursement Acceleration Program ( DAP) .

Morales had acquitted Aquino and former Budget Undersecretary Mario Relampagos of charges for technical malversation, usurpation of legislative powers and graft related to DAP.

The Ombudsman's decision dated March 3 indicted only former Budget Secretary Florencio Abad for usurpation of legislative powers.

According to Belgica, Morales deprived the public of their right to procedural due process when she absolved the former president "without reason."

Belgica said that due to the said act of Morales, she had violated the Lawyer's Oath and the Code of Professional Responsibility for failing to "uphold the integrity and dignity" of the members of the bar.

The former Manila City councilor also noted that her fitness to practice law was adversely reflected when she favored the former president, who also appointed her as Ombudsman in 2011.

The charges against Aquino and others are in relation to the alleged illegal implementation of the P72-billion DAP in 2011, 2012, and 2013.