Ombudsman Conchita Carpio-Morales has ordered to remove neophyte senator and former TESDA chief Joel Villanueva from public office over irregularities in Priority Disbursement Assistance Fund (PDAP) during his term as a party-list representative.
Antonio Contreras believed that Morales has no power to remove members of the Congress and Senate.
On his Facebook post:
On his Facebook post:
I repeat, under RA 6770, the Ombudsman has the power to investigate members of Congress and recommend that cases be filed against them.He also noted in a separate post:
But she has no power to order the dismissal of a sitting Senator or Congressman.Senators Enrile, Revilla and Estrada may have been jailed after being found that their cases have probable causes, but they never lost their positions as Senators.
Section 21 of RA 6770 states the exceptions to the disciplinary authority of the Ombudsman:
"The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary."
THE LAW IS CLEAR. EXCEPT OVER OFFICIALS WHO MAY BE REMOVED ONLY BY IMPEACHMENT OR OVER MEMBERS OF CONGRESS, AND THE JUDICIARY.READ ALSO: Is Ombudsman BIASED? MAYBE These 2 Articles From GMA News CAN Tell, Uh-Oh!
So how come Conchita Carpio-Morales ordered the dismissal of a sitting Senator?
Unless such order is now moot, and only applied to the former position of Villanueva as TESDA Chief. If indeed Conchita Carpio-Morales ordered the dismissal of Senator Villanueva and Rep. Yap, which is a clear violation of RA 6770, where her disciplinary powers as Ombudsman do not apply to members of Congress, this will show that she is ignorant of the law that created her own Office (the 1989 Ombudsman Act), or that she is already getting forgetful.If push comes to shove, this is even a possible ground for impeachment.