Palace: Carandang dismissal immediately executory once Ombudsman Martires assumes office

The dismissal order for Overall Deputy Ombudsman Arthur Carandang will will be immediately executory once newly-appointed Ombudsman Samuel Martires assumes office on Monday.

Presidential spokesperson Harry Roque Jr. said at a press briefing in Malaybalay City, Bukidnon on Friday that Carandang could still avail of a judicial review if he "disagrees with the decision."

"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.

"As far as I know, it should be the OP (Office of the President) who will implement that, but we will leave it to the incoming Ombudsman how it will be implemented," Roque added.

Martires, for his part, said he will decide on whether or not to enact the dismissal once he reads the decision.

Senator Risa Hontiveros on Thursday said the decision will be "a litmus test for the leadership" of Martires and whether he would defend the "(integrity and) institutional independence ng Office of the Ombudsman."

Hontiveros argued that the Supreme Court declared that the OP has no administrative and disciplinary jurisdiction over a deputy ombudsman, as seen in a provision under Section 8 (2) of the Ombudsman Act (Republic Act 6770).

Based on ‘both facts and law’

Asked if the decision was timed to coincide with the retirement of former Ombudsman Conchita Carpio-Morales, Roque reiterated that the decision to remove Carandang was based on "both facts and law" and that ample time was given for him to refute the accusations.

"It is based solely on facts and the law. Clearly, he violated the anti-money laundering act himself when he made public certain documents which was later on confirmed by AMLC (Anti-Money Laundering Council) not to be accurate," Roque said.

"It was really chismis on a matter that should have been handled on a confidential basis and I think that merits the order of dismissal," he continued.

Carandang in 2017 led a probe wherein the AMLC supposedly turned over bank records of the President Rodrigo Duterte's family in aid of an investigation on his alleged billion-peso bank accounts.

The AMLC denied providing Carandang the records while Duterte and his daughter and Davao City Mayor Sara Duterte-Carpio repudiated accusations of ill-gotten wealth.

"I think it was unethical for Carandang to have used his 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," Roque commented. — MDM, GMA News