Senate legal counsel: Ombudsman can’t order Villanueva’s dismissal

The order of the Ombudsman for the dismissal of Sen. Joel Villanueva should not be implemented by Senate President Aquilino Pimentel III, the Office of the Senate Legal Counsel has said.

In a 15-page legal opinion, Senate Legal Counsel Valentina Cruz said the Ombudsman Act of 1989 provides the office disciplinary authority over all elective and appointive officials except impeachable officials, members of Congress, and of the judiciary.

"Since the Office of the Ombudsman did not have any administrative authority over Sen. Villanueva over acts he may or may not have committed during his term as Congressman as explained above, the Office of the Ombudsman clearly did not have jurisdiction to hear and decide OMB-C-A-15-0298 as against Sen. Villanueva and as such, it obviously could not impose the penalties of dismissal and its accessory penalties upon him," the opinion read.

The Senate legal counsel said that the penalties imposed against Villanueva by the Ombudsman cannot and should not be implemented by the Senate and/or the Senate President.

"The Rules of the Senate require that there must first be a recommendation from the Committee on Ethics and Privileges for the suspension or expulsion of a Member of the Senate for disorderly behavior," the opinion said.

"It is only after the Senate acts on such a recommendation and concurs with the recommendation of either suspension or expulsion with a vote of at least two-thirds of its entire membership can a Member of the Senate be suspended or expelled," it added.

The Senate legal counsel said there was still no complaint filed by anyone against Villanueva before the Senate Committee on Ethics and Privileges for disorderly behavior.

"Obviously, therefore, there is no factual or legal basis for the Committee on Ethics and Privileges to investigate him or make any recommendation for his suspension or expulsion," the opinion said.

Procedurally, the opinion said the dismissal should not be implemented because the Villaneuva had already filed his motion for reconsdiration to appeal the order.

Ombudsman Conchita Carpio Morales in November ordered the dismissal from service of Villanueva after finding him guilty of grave misconduct, serious dishonesty and conduct prejudicial to the interest of service over his alleged involvement in a P10-million pork barrel scam as a party-list lawmaker.

The dismissal order against Villanueva was approved after the Ombudsman found him and nine others liable for the supposed misuse of his Priority Development Assistance Fund (PDAF) allocation in 2008 as the congressional representative of CIBAC party-list.

The senator is set to face trial before the Sandiganbayan for two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019, one count each for malversation of public funds and malversation through falsification of public documents. —Nimfa Ravelo/NB, GMA News