The Supreme Court Third Division has voided the dismissal order of former Deputy Ombudsman Melchor Arthur Carandang, ruling that former President Rodrigo Duterte acted beyond his authority in removing the official.
The Court emphasized that the Office of the President has no power to impose administrative penalties on high-ranking officials of the Office of the Ombudsman, which is a constitutionally independent body.
Associate Justice Maria Filomena Singh penned the 28-page decision, affirming the Court of Appeals ruling that declared Carandang’s dismissal void ab initio.
The decision described Duterte’s action as a violation of the constitutional principle of checks and balances.
Carandang was dismissed in 2018 after being accused of allegedly disclosing confidential bank records of the Duterte family, which were claimed to involve billions in unexplained wealth.
The Supreme Court ruled that Carandang is entitled to all retirement benefits upon the expiration of his term, as well as back salaries covering the period of his preventive suspension and dismissal.