Drilon reminds Duterte: Only Congress can probe, prosecute ombudsman

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BY PRINCE GOLEZ
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Tuesday, October 3, 2017
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MANILA – President Rodrigo Duterte may file an impeachment complaint against Ombudsman Conchita Carpio-Morales if he can prove his allegations, according to Franklin Drilon.

But the Ilonggo senator reminded the President that only Congress can investigate and prosecute impeachable government officials like the ombudsman and the Supreme Court chief justice.

Duterte warned the Ombudsman that he would create a commission to investigate alleged anomalies in the anti-graft body after the latter confirmed it was looking into the finances of the President and his family.

“The rhetoric and the word war between the President, on the one hand, and the ombudsman and the chief justice, on the other, will leave us nowhere,” Drilon said.

Duterte may file a complaint but “we must keep in mind that the Constitution has enough safeguards to discipline and go after erring officials,” said the senator.

The rule of law must be applied, Drilon stressed.

“The power to investigate and prosecute impeachable officers, such as the chief justice of the Supreme Court and the ombudsman, lies solely in Congress through an impeachment,” said the former Justice secretary.

Section 2, Article XI of the Constitution provides that the president, vice president, members of the Supreme Court, members of constitutional commissions, and ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust, Drilon said.

“The President cannot exercise authority and influence over an independent body such as the Ombudsman, more so over a co-equal branch of government such as the judiciary,” said the Senate minority leader. “That is how our structure of government is contemplated under the Constitution.”

He added: “Congress can provide checks and balances with the executive, the judiciary and independent constitutional commissions, but the Constitution has likewise provided them sufficient power to be independent and isolated from pressure to effectively carry out their constitutional duties.”/PN
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