Following the decision of Ombudsman Conchita Carpio-Morales that she will not follow the directive of the Office of the President to suspend Overall Deputy Ombudsman Melchor Arthur Carandang, a couple of lawyers had urged Malacañang to enforce its decision by “physically removing” Carandang from office.
Malacañang has announced the 90-day preventive suspension of Carandang to give way to a probe into the grave misconduct and grave dishonesty charges against him for the supposed illegal disclosure of President Rodrigo Duterte and his family’s bank transactions.
Morales had refused to follow the order, citing the anti-graft body’s independence.
Lawyers Jacino Paras and Glenn Chong, two of the complainants against Carandang, said despite receipt of the suspension order, the overall deputy ombudsman refused to serve his suspension.
“As there is no other way to ensure compliance with the order of preventive suspension, and in view of such refusal, respondent Carandang may now be bodily or physically removed from office or physically restrained from the exercise thereof for the duration of his preventive suspension, through the use of necessary and reasonable force,” the lawyers said in their manifestation.
The lawyers suggested that enforcers should be stationed near the entry and exit points of the Ombudsman Building in Quezon City to prevent Carandang from reporting to his office.
Carandang had said that the Office of the Ombudsman had started looking into the wealth of the President and his family, and that it was coordinating with the Anti-Money Laundering Council (AMLC).
But the AMLC had said it had not released any report to the Ombudsman as it has yet to evaluate its request for an investigation of the President’s and his family’s bank accounts.
Carandang was suspended despite a 2014 Supreme Court ruling declaring as unconstitutional a provision in the Ombudsman Act of 1989 granting the Office of the President the power to remove a deputy ombudsman.
Presidential Spokesperson Harry Roque earlier said he was hopeful that the ruling can reversed, even as he maintained that the Palace will not be the one to bring the issue to court.