MANILA, Philippines – The Office of the Ombudsman will refrain from asking the Senate to implement a dismissal order it issued against Sen. Joel Villanueva in connection with the alleged misuse of his Priority Development Assistance Fund (PDAF) or pork barrel when he was a party-list congressman.
Ombudsman Conchita Carpio-Morales said the anti-graft agency would first resolve Villanueva’s motion on a recent ruling finding him guilty of grave misconduct, dishonesty and conduct prejudicial to the interest of the service.
“They said they are waiting for the resolution of the motion for reconsideration. So, we’ll cross the bridge when we get to it,” Morales said, referring to the Senate.
In November, the ombudsman ordered Villanueva dismissed from service and disqualified him from holding public office for allegedly committing administrative offenses.
The anti-graft agency ordered the filing of criminal cases against the senator and nine other respondents before the Sandiganbayan.
The Senate voted not to implement the order, saying the ombudsman does not have the power to penalize a member of Congress.
The senators adopted a legal opinion of the ethics committee, which cited a provision of Republic Act 6770 or the Ombudsman Act of 1989.
Section 21 of RA 6770 states that the ombudsman does not have the power to discipline members of Congress and the judiciary as well as other impeachable officials such as the President and the chief justice.
The committee cited Article 6, Section 16 of the Constitution, which gives Congress exclusive authority to discipline and suspend its members.
In an earlier interview, Senate President Pro Tempore Franklin Drilon said the complaint was filed last year when Villanueva was chief of the Technical Education and Skills Development Authority (TESDA).