The Philippine Constitution does not provide any authority for President Benigno Aquino III to dismiss a Deputy Ombudsman from the service for alleged betrayal of public trust or to discipline him due to an administrative offense.
This view is based on the decision of the Supreme Court in the case involving the dismissal from government service of Deputy Ombudsman for the Military and Other Enforcement Offices Emilio Gonzales III by the Office of the President over Rizal Park hostage-taking incident last August 20, 2010.
The decision, which reinstated the Deputy Ombudsman to his former position, was reported in The Philippine Star headlines dated January 29, 2014.
From the said decision, it logically follows that President Benigno Aquino III was in culpable violation of the Philippine constitution when he dismissed the Deputy Ombudsman from the service. Because, he lacks the constitutional disciplinary authority over the said public office.This is an academic proposition.
In other words, the President had abused and betrayed public trust by encroaching on the independence of a constitutional body and by exercising authority which is not granted to the Office of the President under the 1987 Philippine Constitution.
Under the new constitution, the Office of the Ombudsman, including Deputy Ombudsman and its employees , are not within the supervisory jurisdiction of the President, being belonging to an independent constitutional body similar to the Commission on Audit, Commission on Elections and Civil Service Commission.
While the President may have political commitments to change the bureaucracy by dismissing any officer due to administrative offense, he is still bound by duties and functions he was sworn to under the Constitution when he took his oath as follows:
“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.”
Finally, contrary to the opinion of The Philippine Star, it was not the Supreme Court which took away the President’s power to discipline the Deputy Ombudsman because he has no such kind of power in the first place. It was the 1987 constitution passed during the incumbency of the President’s mother, former President Corazon Aquino, which took away this kind of power that was abused by President Ferdinand Marcos.
>>>To Home Page for site purposes and policy
Online.ph 