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Malacanang said on Friday it is up to incoming Ombudsman Samuel Martires to implement the order of the Office of the President dismissing Overall Deputy Ombudsman Melchor Arthur Carandang.

In a press briefing in Bukidnon, Presidential Spokesperson Harry Roque insisted that the Office of the President's dismissal order against Carandang, who investigated President Rodrigo Duterte's and his family's alleged ill-gotten wealth, was founded on both facts and law.

"And that if former Deputy Ombudsman Carandang disagrees with it, then he can avail of judicial review. 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.

Martires, who will replace Conchita Carpio-Morales who finished her seven-year term late last month, has yet to take his oath of office.

Asked who would execute the order, Roque said, "You know, it is the OP ( Office of the President) 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."

Some quarters have questioned the OP's decision on whether it was ethical considering that Carandang was ordered dismissed by the person who was a subject of the investigation.

The order also came out a few days after Morales stepped down from office. Morales refused to effect the initial order of the OP suspending Carandang for 90 days after he disclosed that Duterte and his family were being investigated and that they have bank transactions running in billions of pesos as shown by the documents from the Anti-Money Laundering Council.

ALMC, however, denied providing any document to the Office of the Ombudsman.

Roque said if there was anyone who was unethical, it was Carandang.

"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," he said.

Carandang was ordered dismissed for graft and corruption and betrayal of public trust. Celerina Monte/DMS