Duterte has ‘residual powers’ to suspend Carandang – Calida

MANILA — Solicitor General Jose Calida said that President Rodrigo Duterte was merely executing the "residual powers" vested in him by the Constitution when he ordered the suspension of Overall Deputy Ombudsman MelchorCarandang.

On Friday, Calida issued a statement that chided Ombudsman Conchita Carpio- Morales for "defying" the executive branch's suspension of Carandang.

The solicitor general said Morales cannot discipline Carandang since she inhibited from the case, and other deputy ombudsmen also cannot have disciplinary authority over Carandang due to lack of legal basis.

Calida then raised: "Who will now discipline Carandang?"

The government's chief legal counsel cited the article on Public Accountability in the 1987 Constitution that states: "All other public officers and employees may be removed from office as provided by law, but not by impeachment."

According to Calida, the law being referred to by the Constitution is the clause in the 1987 Administrative Code on Residual Powers that grants the president powers that are not prohibited in the Constitution. The said provision states: "Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with the law."

"The President, in issuing the preventive suspension, merely filled the vacuum left by the Ombudsman's masquerade, and enforced accountability in public service," Calida said.

He added that had Duterte abandoned the authority to enforce a preventive suspension against Carandang, they "will just be paying lip service" on their constitutional duty to hold public officers accountable.

The OES charged Carandang with grave misconduct and dishonesty for misuse of confidential information and disclosing false information on the Ombudsman's ongoing probe on the Duterte's hidden wealth.

Calida's predecessor, Florin Hilbay, said that Duterte's suspension order raised a "conflict of interest" as Carandang was indicted on an investigation that involved the president himself.