Deputy Ombudsman asks SC to block dismissal order

source: gmanews

Embattled Deputy Ombudsman Emilio Gonzales III asked the Supreme Court (SC) on Tuesday to prevent the Office of the President from ordering his dismissal from service.

Gonzales filed a petition asking the high court to issue a temporary restraining order or a status quo ante order to block Malacañang from enforcing his dismissal for his alleged mishandling of the case of slain policeman Rolando Mendoza.

Only hours after Gonzales filed his petition, SC administrator and spokesman Jose Midas Marquez announced that the Supreme Court ordered Malacañang to respond to Gonzales' pleading within a non-extendable period of 10 days.

In August last year, Mendoza held hostage a busload of tourists from Hong Kong to protest his dismissal from service and of Gonzales' supposed delay in the resolution of his case. Mendoza died after an 11-hour standoff with responding policemen.

Two weeks ago, Malacañang announced Gonzales' dismissal from service for gross neglect of duty and misconduct in office, for alleged failure to act on Mendoza's appeal for nine months.

However, in his petition, Gonzales said that President Benigo Aquino III had no authority to order his dismissal.

"While Section 8(2) of the Ombudsman Act ostensibly grants the President the power to remove a deputy Ombudsman, the Constitution and other statutes militate against the existence of such power," said Gonzales in his petition for certiorari.

Named respondents in the case are Executive Secretary Pacquito Ochoa Jr., Senior Deputy Executive Sec. Jose Amor Amorando, Office of the Deputy Executive Secretary for Legal Affairs officer-in-charge Ronaldo Geron, director Rowena Turingan-Sanchez, and Carlito Catayong.

Gonzales added that the power to exercise administrative discipline over him is "lodged exclusively" with his boss, Ombudsman Merceditas Gutierrez.

"The jurisdiction to charge and hear an administrative case, or even a criminal case, against petitioner on the basis of the laws cited is not lodged with the Office of the President. The power of the Ombudsman to investigate and prosecute, as granted by law, is plenary and unqualified," said Gonzales.

Not surprised

Meanwhile, Aquino’s spokesperson on Tuesday said they were not surprised that Gonzales asked the Supreme Court to prevent Malacañang from ordering his dismissal.

“Well, in-expect naman po natin ‘yan dahil from the very beginning, kahit naman po doon sa sagot na finile po niya sa Office of the President, meron na po siyang allegations to that effect," deputy presidential spokesperson Abigail Valte said at a press briefing.

She added that it is part of the legal remedies available to Gonzales.

Valte assured that Malacañang will file its reply to the pleading when ordered by the SC.

“Pag kinailangan na pong sumagot ng Office of the President, sasagutin po namin at magfa-file naman po kami," she said.

No delay

Gonzales also denied sitting on Mendoza's extortion case, adding that the so-called delay did not occur in his desk.

He said that it took him only nine days to act on Mendoza's motion for reconsideration appealing his dismissal from service.

Gonzales then said that he forwarded his decision to his boss, Ombudsman Gutierrez.

"Was acting on [Mendoza's] motion for reconsideration within nine days a gross neglect of duty? Any delay, if there really was, did not take place in petitioner's [Gonzales'] desk," said Gonzales.

He added: "The draft order and records pertaining to Mendoza’s case were no longer in the office of petitioner [Gonzales] but in the office of Ombudsman Gutierrez for her final review and action when the hostage-taking incident took place on 23 August 2010."

Gonzales also said that that Malacañang wanted to crack its whip on him to "satisfy" the public's demand for heads to recall in connection with the hostage tragedy last August 23, 2010.

Gonzales added that the Office of the President violated his right to due process because he was already prejudged as guilty even before he could answer the allegations against him.

Special prosecutor also seeks help

Also on Tuesday, another Ombudsman official, Special Prosecutor Wendell Barreras-Sulit, sought redress from the SC against Malacañang.

The Office of the Special Prosecutor is the prosecutorial arm of the Office of the Ombudsman.

Sulit asked the high tribunal to prevent the Office of the President from conducting an inquiry in connection with the controversial plea bargaining agreeement entered into with accused plunderer Carlos F. Garcia.

In a text message, SC spokesman Marquez said that the SC has given Malacañang 10 days to respond to Sulit's petition.

It was Sulit's office who intiated the plea bargain deal with the Garcia, who was allowed post a P60,000 bail after pleading to two lighter offenses. The supposedly anomalous deal was made even if the anti-graft court Sandiganbayan is yet to approve such agreement.

Palace vs Ombudsman

Gonzales and Barreras-Sulit filed their pleadings a day after President Benigno Aquino III said he is at war with Ombudsman Gutierrez, who will face an impeachment trial at the Senate in May.

Gutierrez is accused of sitting on several corruption cases against former President and now Pampanga Rep. Gloria Macapagal-Arroyo, including the botched ZTE-NBN deal, the Euro Generals fiasco, and the fertilizer fund scam.

Just last week, Deputy Ombudsman Mark Jalandoni resigned after complaints seeking his dismissal were filed before the Office of the President.

source: gmanews