Drilon calls for ceasefire between Duterte, Morales

The word war between President Duterte and Ombudsman Conchita Carpio-Morales must stop as it “will only leave us nowhere,” Senate Minority Leader Franklin Drilon said yesterday.

He also advised Duterte to just file an impeachment complaint against Morales if he is in possession of any evidence of irregularities against her.

“The rhetoric and the word war between the President, on the one hand, and the ombudsman and the Chief Justice, on the other, will only leave us nowhere,” Drilon said.

“We must keep in mind that the Constitution has enough safeguards to discipline and go after erring officials,” he pointed out.

“We should apply and follow the Constitution and the rule of law,” he added, as he emphasized that the power to investigate and prosecute impeachable officers “exclusively lies in Congress.”

Under Article XI, Section 2 of the Constitution, the president, vice-president, members of the Supreme Court and commissions, as well as the ombudsman, may be removed from office through impeachment for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust, he said.

“The President cannot exercise authority and influence over an independent body such as the ombudsman, more so over a co-equal branch of government such as the judiciary. That is how our structure of government is contemplat- ed under the Constitution,” Drilon said.

He stressed the Constitution provides Congress with sufficient power to be independent and isolated from pressure so it can effectively carry out its constitutional duties.

Senate President Aquilino Pimentel III also said impeachment is an option but pointed out nothing prevents Duterte from conducting his own investigation.

He said the executive branch may “take steps to address the grievances of the people” but cannot remove the ombudsman.

He said if Duterte pushes through with his plan to investigate Morales and finds evidence of wrongdoing, the same may be forwarded to Congress for possible impeachment.

“If they (people) run to the President, the President can create a panel, a council, a body, within his office to investigate. Then he can report its findings,” Pimentel told reporters.

For erring officials lower than Morales, the executive branch may undertake appropriate actions against them, he said.

Senate Majority Leader Vicente Sotto III said only Chief Justice Ma. Lourdes Sereno and Morales – not Duterte – can resign under the present circumstances.

“President Duterte was elected so he will have to answer to the 16 million Filipinos who voted for him (if he resigns), while the other two (Sereno and Morales) have no accountability with them,” Sotto told reporters.

He said Duterte was not bullying them but was simply expressing his exasperation over the situation.

Vice President Leni Robredo, for her part, urged the Duterte administration to respect the independence of the Office of the Ombudsman.

“The independence granted to this agency unader the Constitution must be respected so they can fulfill its duty to keep the government clean and honest,” Robredo said in a statement in Filipino.

The Vice President was reacting to Duterte’s challenging Sereno and Morales to resign with him.

“Together, let’s defend our Constitution and democratic institutions, including the impartial ombudsman,” Robredo said.

The President slammed Morales for “selective justice,” claiming that while the agency is looking into his alleged unexplained wealth, it sat on similar complaints involving officials in the previous administration.

Not in Charter

Veteran election lawyer Romulo Macalintal clarified there is no law that specifically designates an official authorized to receive the resignation of the President.

“There is no problem as to whom Sereno and Morales would submit their resignations in case they accept Duterte’s challenge. It could be submitted to President Duterte since they were appointed by the latter,” Macalintal said in a statement, referring to the Office of the President.

“But to whom should Duterte submit his resignation as President? There is no provision in the Constitution that specifically provides for the official authorized to receive the resignation of the President and when such resignation would be effective,” he said.

Duterte accused both Morales and Sereno of corruption.

In a speech during the oathtaking of new officers of the Integrated Bar of the Philippines last Saturday, Duterte said it would be best for the three of them to just step down together because they seemed to be the ones causing trouble for the country.

Macalintal noted that in the United States, resignation of its President is submitted to the Secretary of State and is effective upon receipt of the latter.

He cited the resignation of President Nixon on Aug. 9, 1974. He said Nixon submitted a onesentence resignation letter stating “I hereby resign the Office of President of United States,” addressed to then US Secretary of State Henry Kissinger.

He said while the Constitution provides that in case of resignation of the President the Vice President shall assume the Office of the President, it does not provide for the manner or procedure for such resignation.

It also provides for the designation of the vice president as “acting president” in case of inability of the president to discharge his functions and the reassumption by the president of his office once the “inability no longer exists,” he added.

“Thus, when former president Estrada was ousted from office, he claimed that he did not resign as president. And true enough there was no letter of resignation of Estrada addressed to any official authorized to receive his resignation,” Macalintal said.