MANILA, Philippines — Malacañang on Wednesday insisted it will wait for Overall Deputy Ombudsman Melchor Arthur Carandang to file his answer on the suspension order issued against him, even as the Office of the Ombudsman vowed not to enforce the order.
"The Office of the President has given Overall Deputy Ombudsman Melchor Arthur Carandang 10 days to file his answer on the 'Resolution and Order,'" presidential spokesman Harry Roque said in a statement.
"It is incumbent upon Mr. Carandang to submit his answer within the required period," he added.
"After the lapse of the period provided, the Office of the President shall decide on the matter."
© Philstar.com “The Office of the President has given Overall Deputy Ombudsman Melchor Arthur Carandang 10 days to file his answer on the ‘Resolution and Order,’” presidential spokesman Harry Roque said in a statement. PPD/Yancy Lim
The Palace on Tuesday maintained that its suspension order against Carandang for disclosing alleged bank records of President Rodrigo Duterte was "immediately executory."
That was despite the Supreme Court, in a decision in 2014, ruling that the administrative authority being exercised by the Office of the President over the deputy ombudsman is unconstitutional.
Ombudsman Conchita Carpio-Morales said she could not imperil the independence of the very office she pledged to protect on the strength of Constitutional guarantees that the High Court had upheld.
"The Ombudsman will thus not allow herself to betray her sworn duty to uphold the Constitution by recognizing what is patently unconstitutional," a statement from Morales' office said.
On Monday, Roque said the Office of the Executive Secretary has formally charged Carandang with grave misconduct and grave dishonesty for misuse of confidential information and disclosing false information.
The deputy overall ombudsman was also accused of divulging confidential information to unauthorized persons and releasing them ahead of the authorized release date.
The suspension stemmed from a complaint filed by lawyers Manolito Luna and Elijio Mallari, who accused Carandang of "falsely and maliciously claiming" that the Anti-Money Laundering Council had released a report on Duterte's alleged bank deposits.
Duterte earlier said he will not submit to the jurisdiction of the ombudsman looking into his wealth, as he accused the anti-graft agency of fabricating evidence against him.
"We will not go to court because our reading is the Office of the President has the power to discipline him," Roque said.
Duterte's spokesman earlier said the Palace wants to revisit the 2014 SC ruling, adding that the Office of the President is "confident it can reverse anew [the decision]."
EXPLAINER: Can the Office of the President suspend Deputy Ombudsman Carandang?