All up to the high court
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With the case of the fired deputy Ombudsman now elevated to the high court, whatever decision is made by the Supreme Court (SC) will be constitutionally interesting, mainly because the decision will now have to marry the law creating the Office of the Ombudsman that grants the President of the Republic the right to dismiss deputy Ombudsmen and prosecutors, even as the Constitution clearly states that the Ombudsman has the sole power to discipline any all government officials, officers and employees, save for the impeachable officers.
The reason these two contrary provisions were never ruled on before by the SC is that the Ombudsman Law was never challenged before the high court — except today, with deputy Ombudsman Emilio Gonzalez III filing a case before the high court, asking it to quash a Malacañang decision citing him for gross neglect of duty and gross misconduct in delaying the decision on the hostage taker, discharged police officer Rolando Mendoza, in the Manila hostage crisis last August. At the same time, Gonzalez asked the court to declare Section 8, Paragraph 2 of the Ombudsman’s Act unconstitutional. This is the section and paragraph in the law that states the president can remove the deputy Ombudsmen and prosecutors on grounds provided for their removal..... MORE
Source: The Daily Tribune
URL: http://www.tribuneonline.org/commentary/20110413com1.html
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