Only TRO can stop Palace from suspending overall deputy ombudsman: Roque
Malacanang insisted on Tuesday the suspension order against Overall Deputy Ombudsman Melchor Arthur Carandang was immediately executory.
This was despite the 2014 Supreme Court decision that the Office of the President has no jurisdiction to discipline the deputy ombudsman.
In a press briefing in Marawi City, Presidential Spokesperson Harry Roque said the order suspending Carandang for 90 days could only be halted if there is an injunction from the court.
"Without a TRO (temporary restraining order) from the court, it's immediately executory," he said.
"If he wants to go to court, because I understand he's saying it's (order) unconstitutional, let him. But we will not go to the court because our reading is the Office of the President has the power to discipline him," Roque explained.
In the 2014 Gonzales vs Office of the President of the Philippines case, the Supreme Court reversed its 2012 decision that the OP could discipline the deputy ombudsman.
"In the voting held on January 28, 2014, by a vote of 8-7, the Court resolved to reverse its September 4, 2012 Decision insofar as petitioner Gonzales is concerned (G.R. No. 196231). We declared Section 8(2) of RA No. 6770 unconstitutional by granting disciplinary jurisdiction to the President over a Deputy Ombudsman, in violation of the independence of the Office of the Ombudsman," the SC said in the decision penned by former Associate Justice Arturo Brion.
The Palace was unfazed with the statement of opposition Senator Antonio Trillanes IV that the suspension and filing of administrative charges against Carandang were an impeachable offense.
"Go ahead, file impeachment. Do it ASAP (as soon as possible) and we will see you in the House (of Representatives)," Roque said.
Majority of the members of the House of Representatives where impeachment complaint against impeachable officials, such as the president, emanates from are administration allies.
Trillanes filed a complaint before the Office of the Ombudsman against President Rodrigo Duterte and some members of his family for allegedly amassing ill gotten wealth.
Carandang has been leading the investigation against the First Family. Celerina Monte/DMS
