De Lima says deputy Ombudsman should leave post

MANILA, Philippines -  Deputy Ombudsman Emilio Gonzalez III should now step down from his post as ordered by the Palace after failing to appeal his dismissal within a 15-day prescribed period, Justice Secretary Leila de Lima said yesterday.

Malacañang ordered his dismissal last March 31 for his mishandling of an extortion case against Police Inspector Rolando Mendoza who – reportedly out of frustration – held hostage a busload of Hong Kong tourists last year and killed eight of them.

“I think the decision should be executory since he did not file an MR (motion for reconsideration) in the OP (Office of the President) and instead went directly to the Supreme Court where there is also no TRO (temporary restraining order) issued,” she explained.

De Lima was set to discuss the issue with the President in a meeting yesterday afternoon in the Palace.

If Gonzalez defies the order, the Justice secretary said the Palace may initiate more “firm and decisive” actions against Gonzalez. “Any defiance of the decision on Deputy Ombudsman Gonzalez should be dealt with firmly and decisively by the Office of the President,” she stressed.

De Lima said the President has disciplinary powers over deputies of the Ombudsman under Republic Act 6670 or the Ombudsman Act of 1989.

She stressed that while Ombudsman Merceditas Gutierrez is protected by law from presidential sanctions, her deputies are not.

“The power of the President to dismiss a deputy ombudsman based on any of the grounds provided by law, the Ombudsman Act, is beyond question. A constitutional office, such as Office of the Ombudsman, should be the first to honor or obey lawful orders,” she argued. Gonzalez was dismissed by the OP for gross neglect of duty and misconduct in handling the case of Mendoza, but the anti-graft body defied the order, saying it had acquitted the deputy ombudsman and that the case may still be appealed.

In dismissing Gonzalez, the Palace noted that it took him nine months to rule on a motion for reconsideration filed by Mendoza, when he could have done so in five days.

Instead of appealing his dismissal before the Palace, Gonzalez opted to question the order before the SC in a petition last April 12 for a TRO.

In response, the SC directed respondents led by Executive Secretary Paquito Ochoa Jr. to file comment within 10 days from receipt of notice.

Gonzalez was unavailable for comment.

A source from the Office of the Ombudsman, however, rebuffed De Lima’s statement. “Gonzalez has the right to stay and remain in office because the (Malacañang) decision has not really attained finality by the fact that he was able to file an appeal before the Supreme Court within the prescribed period,” the source said. – With Michael Punongbayan