MANILA, Philippines – Allies and adversaries of outgoing special prosecutor Dennis Villa-Ignacio are clashing over the validity of the recommendation of the Office of the Ombudsman dismissing him from government service for dishonesty.
“He is not only a presidential appointee but (also) a constitutional officer so he can only be removed by impeachment... Whoever executes the dismissal order might be charged with usurpation of authority,” an ally of Villa-Ignacio in the Office of the Special Prosecutor (OSP) said on condition of anonymity.
The source also said Villa-Ignacio’s term will end on Feb. 24, the day he took his oath of office, not today, the day he was appointed to the post.
Ombudsman Merceditas Gutierrez, in an order issued on Jan. 29 and forwarded to the Office of the President, recommended Villa-Ignacio’s removal from government service after the Internal Affairs Board (IAB) of the anti-graft agency found him guilty of dishonesty.
In an administrative case filed against Villa-Ignacio, Assistant Special Prosecutor Luz Quiñones-Marcos claimed that the special prosecutor did not disclose the reprimand of the Supreme Court against him when he was applying for the position of Ombudsman before the Judicial and Bar Council (JBC) in 2005.
One of Villa-Ignacio’s foes, however, said the President can remove him from his post.
“The Special Prosecutor is not an impeachable officer. The President can dismiss him as per Section 8(2) or Republic Act 6770,” the source said, citing the Ombudsman Act of 1989.
The provision states that “a Deputy, or the Special Prosecutor, may be removed from office by the President for any of the grounds provided for the removal of the Ombudsman, and after due process.”
Villa-Ignacio vowed to contest Gutierrez’s order.
Four other lower-ranking officials of the OSP have already applied to replace him and will be facing a panel interview by the JBC on Tuesday.
Deputy Special Prosecutor I Robert Kallos, chief of the Appellate Special Action Bureau leads the list of applicants.
The other aspirants to the post are Deputy Special Prosecutor II Jesus Micael, Deputy Special Prosecutor III and Case Assessment Review and Reinvestigation Bureau and Administrative Division chief Wendell Sulit, and Assistant Special Prosecutor III Hazelina Militante
Sources said Prosecution Bureau VI director Diosdado Calonge is also being considered although he originally applied for the position of Deputy Ombudsman for Luzon which will be vacant on March 3.