May the President dismiss a Deputy Ombudsman?

Alan F. Paguia
Former Professor of Law
Ateneo Law School
University of Batangas
Pamantasan ng Lungsod ng Maynila
alanpaguia@yahoo.com
April 5, 2011

May the President dismiss a Deputy Ombudsman? Yes, for the following reasons:

1. Under the Constitution:

“The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the 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. All other public officers and employees may be removed from office as provided by law, but not by impeachment.” (Sec. 2, Art. XI)

The first sentence refers to public officers who may be removed from office only by impeachment. The second sentence refers to those who may be removed as provided by law, but not by impeachment. Clearly, the Deputy Ombudsman is covered by the second sentence. Therefore, he may be removed in the ordinary course of law.

2. “The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur” (Sec. 9, ibid). Generally the power to appoint carries the power to remove from office. The exception is with respect to public officers who are removable only by impeachment. Hence, a Deputy Ombudsman may be removed from office by the President after due process of law.


3. Under the Ombudsman Act of 1989, a Deputy Ombudsman “may be removed from office by the President for any of the grounds provided for the removal of the Ombudsman and after due process” (par. 2, Sec. 8, RA 6770). Thus, the presidential power to discipline or dismiss a Deputy Ombudsman is recognized by express provision of law, upon the authority of no less than the Legislative Department.

4. Under the Administrative Code of 1987:

“No formal investigation is necessary and the respondent may be immediately removed or dismissed if any of the following circumstances is present:


(1) When the charge is serious and the evidence of guilt is strong;


(2) When the respondent is a recidivist or has been repeatedly charged and there is reasonable ground to believe that he is guilty of the present charge; and


(3) When the respondent is notoriously undesirable.


Resort to summary proceedings by the disciplining authority shall be done with utmost objectivity and impartiality to the end that no injustice is committed: Provided, That removal or dismissal, except those by the President himself or upon his order, may be appealed to the Commission.” (Sec. 50, Chapter 7, Subtitle A, Title, I, BOOK V, E.O. 292)

In other words, under any of the grounds cited by the law, the removal or dismissal from office by the President is FINAL, EXECUTORY, and NOT APPEALABLE to the Civil Service Commission. At best, the respondent’s only remedy is to claim grave abuse of discretion and file a petition for certiorari under Rule 65 of the Rules of Court before the Court of Appeals or the Supreme Court. In the latter case, the dismissal remains FINAL and EXECUTORY, unless the Court rules otherwise or issues a temporary restraining or status quo ante order or preliminary injunction.