Only TRO can stop us from firing Gonzalez - Noy

MANILA, Philippines - A determined President Aquino said yesterday only a temporary restraining order can stop him from firing Deputy Ombudsman Emilio Gonzalez III, who he blamed for the August 2010 Quirino Grandstand hostage crisis that left eight Hong Kong tourists dead.

He told reporters in a chance interview at the Rizal Ceremonial Hall in Malacañang that Gonzalez has every right to file a motion for reconsideration and question the administrative sanction, but the fact remains that Gonzalez falls under his jurisdiction, being a non-impeachable official.

They are just waiting for the grace period during which Gonzalez may avail of his motion for reconsideration, or until such period lapses.

“Well, he has an entitlement to have a motion for reconsideration filed, so we will wait for the process. There is a deadline, then if so warranted, then we will enforce the law,” he said.

Aquino refused to disclose, however, if he has any replacement in mind, saying it is “premature at this point in time.”

“There is no vacancy until the process is completed,” the President said.

Over the weekend, Malacañang clarified that Gonzalez cannot accuse Aquino of grave abuse of discretion, since he was accorded due process as early as November 2010.

Not yet final

The Office of the Ombudsman, meantime, maintained its position yesterday that the Malacañang order on Gonzalez is not yet final.

Assistant Ombudsman Jose de Jesus Jr. said there are legal options that can still be pursued to challenge the decision, including the filing of a motion for reconsideration.

The STAR tried to reach Gonzalez for his reaction but he was inaccessible to media.

Ombudsman Merceditas Gutierrez, who is expected to face a Senate impeachment trial next month, has also been silent.

De Jesus earlier explained that Gonzalez can still avail of legal remedies like going to the Court of Appeals or the Supreme Court.

Let courts decide

Senate Minority Leader Alan Peter Cayetano urged Malacañang and Gonzalez to let the courts settle the matter once and for all.

“When there is a stalemate it’s really the courts that will decide. I advise both parties to submit to the jurisdiction of the courts. It’s a novel case. There are pros and cons,” Cayetano said.

Election lawyer Romulo Macalintal echoed the same sentiment, saying that it is the courts that would determine if it is the Office of the President or the Ombudsman that can exercise disciplinary action against officials.

“Whether it’s a stalemate or not, during the pendency of the motion for reconsideration, that can’t be implemented by the President not because of the Ombudsman or any law, but because that’s the right of the aggrieved party,” Macalintal said.   – With Michael Punongbayan, Marvin Sy