SC voids ex-Overall Deputy Ombudsman Carandang’s Duterte-time dismissal

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The Supreme Court Third Division also rules that Melchor Arthur Carandang is entitled to receive his salaries corresponding to the period of his suspension and dismissal, as well as his retirement benefits

MANILA, Philippines – In another decision overturning a Duterte-time policy, the Supreme Court (SC) Third Division voided the Malacañang order that fired the Overall Deputy Ombudsman (ODO) who handled the probe into former president Rodrigo Duterte’s wealth.

The Third Division, through the ruling penned by Associate Justice Maria Filomena Singh, also voided the June 14, 2019 Office of the Ombudsman decision that ordered Melchor Arthur Carandang to cease from serving as ODO and declared his post vacant.

On top of these, the SC Third Division also ruled that Carandang is entitled to all retirement benefits effective until his term’s expiration. Duterte fired Carandang in 2018, but the latter was supposed to retire in 2020.

“He is likewise entitled to receive the salaries corresponding to the period of his preventive suspension and dismissal, but only up to the end of his term,” the High Court added.

The rest of the Third Division justices — associate justices Alfredo Benjamin Caguioa (chairperson), Henri Jean Paul Inting, Samuel Gaerlan, and Japar Dimaampao — all concurred in the ruling.

Duterte’s Office of the President (OP) fired Carandang after he was found liable for graft and corruption and betrayal of public trust, in an order dated July 30, 2018. The dismissal’s ground was alleged breach of confidentiality and graft when Carandang made statements on the bank investigation into Duterte’s wealth.

Since the Office of the Ombudsman is an independent constitutional body, the question back then was whether Duterte had the power to dismiss Carandang.

But when Duterte appointee Samuel Martires became the Ombudsman in 2019, Martires said he had no choice but to dismiss Carandang.

Carandang’s case reached the SC for review because the Court of Appeals granted the former ODO’s petition in 2021, voiding the OP’s order and dismissing the complaints against him.

The Duterte-time OP sought a reconsideration, but it was denied. Marcos-time OP, through the Office of the Solicitor General, then filed a petition with the SC to challenge the CA ruling. – Rappler.com