Martires: 'No choice' but to enforce Carandang's dismissal if Palace verdict turns final

Ombudsman Samuel Martires on Monday said he would have "no choice" but to enforce Malacañang's dismissal of Overall Deputy Ombudsman Melchor Carandang if or when the decision becomes final.

"I have no choice, but it will depend on ODO... I don’t think he's that hard headed, I see him as a very reasonable guy, I knew him since I was in the Sandiganbayan, I think ODO Carandang will just follow what the law provides," he told reporters after his oath-taking as new Ombudsman at the Supreme Court.

This was Martires' response when asked if he would dismiss Carandang, his deputy, if a motion for reconsideration the latter may file against the Palace decision would end up getting denied.

Carandang, who was dismissed on July 30 for graft and corruption and betrayal of public trust, has 15 days to appeal the verdict.

"I have to wait for that until such time that Malacañang denies that motion for reconsideration, shall I cross the bridge," Martires said.

However, he declined to comment on whether or not Malacañang has the authority to dismiss a deputy ombudsman — a departure from the stance of his predecessor, Conchita Carpio Morales, who defied an earlier suspension order against Carandang for being "unconstitutional."

Morales had then cited a Supreme Court ruling that declared the unconstitutionality of the president's disciplinary jurisdiction over deputy ombudsmen. This decision said such a power, enshrined in Section 8(2) of the Ombudsman Act, violates the independence of the Office of the Ombudsman.

Even though he refused to answer the question of Malacañang's power to discipline deputy ombudsmen, Martires said this was the "only" ruling on the matter that is "prevailing."

Meanwhile, he said Carandang, a lawyer, knows the consequences of questioning his case before the Court of Appeals or even the Supreme Court.

"Once ODO Carandang goes to the Court of Appeals, I think he knows that immediately he has to leave the office. I don't have to implement the decision of Malacañang," Martires said.

"The provisions on admin cases are very clear, that it is immediately executory. As a lawyer, ODO Carandang knows what he has to do."

Carandang's dismissal stemmed from administrative complaints separately filed in October last year that assailed his action of disclosing to the media information that President Rodrigo Duterte and his family could have billions of pesos in the bank.

In its decision, the Palace said Carandang was "clearly only interested to broadcast an information adverse to the President."

Apart from dismissal, Carandang was meted penalties of cancellation of eligibility, forfeiture of retirement benefits, bar from taking civil service examinations, and perpetual disqualification from holding public office. —KBK, GMA News