Duterte’s threat to probe Office of the Ombudsman unconstitutional — ex-SC Justice

A former magistrate of the Supreme Court on Monday said that President Rodrigo Duterte's threat to probe the Office of the Ombudsman is unconstitutional.

"That office is independent and the President's power of investigation, administrative investigation into any wrongdoing in an office extends to those departments, bureaus and offices under the executive department," said retired Justice Vicente Mendoza in a 24 Oras report by Maki Pulido.

Duterte had threatened to investigate the constitutional body for alleged partiality and corruption after its announcement that it has begun a probe into the wealth of the President and his family based on Senator Antonio Trillanes' complaint.

The President even said he would order the arrest of officials from the Office of the Ombudsman if they do not cooperate.

Pacifico Agabin, former dean of the UP College of Law, said that Duterte cannot force the officials of the agency to face any probe as it is an independent constitutional body.

"The finding of the commission will either be incomplete or even if it adverse to the Ombudsman, it is not binding unless they will impeach her," Agabin said.

On Sunday, lawyer and educator Tony La Viña also called Duterte's remarks against the Office of the Ombusman unconstitutional.

"Unconstitutional 'yan pag ginawa niya 'yan kasi malinaw 'yung independence ng Ombudsman," he said in a 24 Oras report by Jam Sisante.

"It's a clear threat, a clear intimidation of a Constitutional body that's actually mandated to investigate corruption, investigate the wrongdoing of the government, including the President," he added.

Malacañang, on the other hand, maintained that the President has the power to investigate officials under the agency, noting that he can also order disciplinary actions against them.

"The President has legal grounds to do as he had said, but, however, it unfolds that it has followed the way they proposed," Presidential Spokesperson Ernesto Abella said.

Duterte had said he would not submit to the jurisdiction of the agency, and maintained that his supposed bank records containing millions of pesos are fake.

Abella also said Duterte believes "political forces" are using Ombudsman Conchita Carpio Morales as well as Supreme Court Chief Justice Maria Lourdes Sereno to remove him from his post.

Duterte had challenged the two government officials to resign with him. — Anna Felicia Bajo/BM, GMA News