La Salle Professor Explains the Brilliance of Pres. Duterte in the Ombudsman's Case

La Salle Professor, columnist and radio host Antonio Contreras revealed the brilliance of Pres. Rody Duterte in the controversial case involving the top officials of the Office of the Ombudsman which include Deputy Ombudsman Arthur Carandang and Ombudsman Conchita Carpio-Morales.


According to Prof. Contreras there are people accusinng the President of committing an unconstitutional acts, particularly the defenders of Deputy Ombudsman Arthur Carandang and critics of Pres. Duterte.

Aside from the critics of the President, the head of the anti-corruption agency, Ombudsman Conchita Carpio-Morales has also said that the President committed an unconstitutional act but unfortunately, she will not decide with finality regarding the case.

The La Salle Professor explained that the Supreme Court which ruled in G.R. 196231 on a slim 8-7 vote that the President has no disciplinary powers over the deputy Ombudsman, nothing prevents it from revisiting the issue when a controversy arises.

If Carpio-Morales defies the order, she will now also be guilty of usurping the power of the Court. She has no choice but to seek a ruling from the Court. If she remains recalcitrant, she can be accused of committing an impeachable offense.

Here's the Complete Statement of Prof. Antonio Contreras:

THE BRILLIANCE OF THE PRESIDENT

Many things are being said on the suspension order issued by the President to Deputy Ombudsman Arthur Carandang.

People are accusing the President of committing an unconstitutional act. Defenders of Carandang and critics of the President are saying so.

Ombudsman Conchita Carpio-Morales has said it so.

But unfortunately, it is not in her province to interpret the Constitution with finality.

Only the Supreme Court. And while it ruled in G.R. 196231 on a slim 8-7 vote that the President has no disciplinary powers over fhe Deputy Ombudsman, nothing prevents it from revisiting the issue when a controversy arises.

If Carpio-Morales defies the order, she will now also be guilty of usurping the power of the Court. She has no choice but to seek a ruling from the Court.

If she remains recalcitrant, she can be accused of committing an impeachable offense.

On the Court's side.

The 7 Justices who voted in favor of the President's power to discipline the Ombudsman include CJ Sereno and J Leonen. J. Reyes who also dissented has retired (another Reyes now sits). The othef four are JJ Carpio, Perlas-Bernabe, Peralta and Del Castillo.

Sereno and Leonen, who have on record voted against President Duterte more often than sided with him, can always change their votes. But the onus of partisanship will certainly weigh heavily on them, more so if the same arguments will be raised by the Solicitor General.

They will be unmasked, so to speak. How can they justify arguing that the President has disciplinary powers over the Deputy Ombudsman when it was Aquino, but would contradict that and say he has none now that it is Duterte?

What are then the chances of a reversal.

There are 3 remaining Justices in the majority and 6 in the minority.

There are 6 new members who were not part of the Court that decided G.R. 196231. These are JJ Jardeleza, Caguioa, Tijam, Martires, Reyes and Gesmundo.

If Sereno and Leonen dont flip, the President only needs 2 votes out of the 6.

If they do flip, then the President would have a tougher time. He needs 4 votes from the 6 new Justices and from the 3 in the remaining majority.

We have to consider that 4 out of the 6 new members are his appointees.

Finally, should this play out against the President's favor or that an SC decision gets delayed, Carpio-Morales is retiring soon. Her replacement can then be the one who will suspend Carandang.

Indeed, brilliant moves. Pinag-isipan.

Source: Prof. Antonio Contreras FB Page

La Salle Professor Explains the Brilliance of Pres. Duterte in the Ombudsman's Case La Salle Professor Explains the Brilliance of Pres. Duterte in the Ombudsman's Case Reviewed by Phil Newsome on February 02, 2018 Rating: 5
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