Order to dismiss Carandang based on ‘both facts and law’ — Palace

Published August 3, 2018, 3:09 PM

by AJ Siytangco

By Argyll Cyrus Geducos

Malacañang said the order to dismiss former Overall Deputy Ombudsman was not illegal nor unethical as it was based on both facts and the law.

Presidential Spokesperson Harry Roque made the statement after Senator Antonio Trillanes IV criticized the dismissal of Carandang for graft and corruption, and betrayal of public trust.

Presidential Spokesperson Atty. Harry Roque (YANCY LIM/PRESIDENTIAL PHOTO / MANILA BULLETIN)
Presidential Spokesperson Atty. Harry Roque

Roque, in a press briefing in Malaybalay, Bukidnon, said that it was clear that Carandang violated the law when he disclosed unverified documents to besmirch President Duterte.

“I think it’s very clear that the dismissal order is founded on both facts and law,” Roque said Friday afternoon.

“Clearly he violated the anti-money laundering act himself when he made public certain documents which were later on confirmed by AMLC (Anti-Money Laundering Council) not to be accurate,” he added.

Roque also said that what Carandang did was unethical when he handled the investigation publicly and used his position for political motives.

“So it was really tsismis (rumors) on a matter that should have been handled on a confidential basis. And I think that merits the order of dismissal,” he said.

“Now is it unethical? I think it was unethical for Carandang to have used his office for political reasons because that is clearly what motivated him to use unverified information from the AMLC in a manner that is contrary to law,” he added.

Meanwhile, Roque said that Carandang can avail of a judicial review if he does not agree with the decision of the Office of the President to dismiss him.

“He [Carandang] can avail of judicial review. But meanwhile, it is immediately executory,” he said.

The Palace official added that Malacañang would give incoming Ombudsman Samuel Martires the opportunity to effect the dismissal order as soon as he takes oath.

“Well, as far as I know, it is the OP that should also implement that but we leave it to the incoming Ombudsman how it would be implemented. We will give him the opportunity to implement that,” Roque said.

“Normally, it’s the Office of the President that implements decisions like in the ERC (Energy Regulatory Commission) for presidential appointees. But we will await Ombudsman Martires’s assumption into his new office and we would hope that the decision be executed as soon as possible,” he added.

Carandang was dismissed disclosed President Duterte’s supposed bank transactions reaching P1 billion without the authority of the AMLC last year.

Carandang was found liable for giving any party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.