Ombudsman Boying Remulla on Thursday disclosed plans to convince Senate President Tito Sotto to immediately enforce a 2016 order by his office dismissing Senator Joel Villanueva from public office.

The dismissal order was handed down by former ombudsman Conchita Morales, finding Villanueva guilty of grave misconduct, serious dishonesty, and conduct prejudicial to the interest of service over his alleged misuse of his P10-million pork barrel funds during his stint as a Cibac partylist lawmaker in 2008.

However, the Senate did not enforce the order, citing an alleged lack of the Ombudsman's jurisdiction over members of Congress.

Remullq, who assumed the office earlier this month, argued that a dismissal of a government official, regardless of whether it’s a lawmaker, is an exclusive power vested by the Constitution in the Ombudsman. 

He pointed out that the Senate should respect the Ombudsman, as the office extends to the chamber. 

"We will try to enforce it now, we will write a letter to the Senate president, ask him to enforce a letter that was supposed to have been sent long ago, and ask him now to enforce that order because that is the way it works,” Remulla said in an interview.

“It has to come to a head sooner or later,” he added, noting that he will try to draft the letter and send it immediately to Sotto on Friday.

Sotto then chaired the Senate committee on rules and proposed adopting the legal recommendation of the Senate’s counsel, declaring that the Ombudsman has no disciplinary authority over members of Congress and, therefore, has no jurisdiction over administrative offenses committed by its members, citing Section 20 of Republic Act 6770.

Remulla, however, is headstrong about enforcing the old dismissal order, warning that his office will bring the issue to the Supreme Court (SC) should the Senate defy it again.

“What is the meaning of this office if people will just ignore the orders of this office?” he lamented.

The Ombudsman further explained that the case has to become a “justiciable controversy” to compel the high court to intervene and resolve the matter, as the Senate is unlikely to obey the anti-graft body’s directive.

This is primarily because the Senate is a “collegial body that decides only on political matters,” hence, strict compliance with external orders is not guaranteed.

“It has to be done. It’s the only incident lacking for the court to decide. We cannot stand there and be a bystander. We have to be the active participants to trigger in as much as to the court,” he stressed.

“So, if they refuse to do it or it’s not enforced […] then we will ask the courts about how the hell we will enforce an order from the Ombudsman when it’s final and executory,” Remulla continued.

Although the dismissal case against Villanueva is not of the same nature, Remulla said such a “grave offense” warrants swift enforcement.