SC junks disbarment petition vs ombudsman

MANILA, Philippines - The Supreme Court (SC) has junked the disbarment complaint against Ombudsman Conchita Carpio-Morales.

Voting unanimously yesterday, the SC justices dismissed outright the complaint filed by former Manila councilor Greco Belgica two working days earlier.

The high court held that the complaint lacked merit.

Belgica asked the SC on March 24 to disbar Morales on the ground of supposed violation of her Lawyer’s Oath and the Canon of Professional Responsibility for clearing former president Benigno Aquino III of any liability in the implementation of the controversial Disbursement Acceleration Program (DAP).

He accused the ombudsman of depriving the Filipino people of their right to due process by absolving Aquino of any criminal liability in DAP, when the latter was the principal accused in the complaint.

But the high court ruled that the ombudsman could not be disbarred while she is still in office due to her being an impeachable official.

“A public officer who under the Constitution is required to be a member of the Bar as a qualification for the office held by him/her and who may be removed from office only by impeachment cannot be charged with disbarment during the incumbency of the public officer,” it said, citing rulings in previous cases.

The SC rejected the suggestion of Belgica to just impose any possible penalty against Morales after her term ends on July 26, 2018.

“The Court noted that Belgica’s logic – that the ombudsman may be charged with disbarment during her incumbency but the penalty may only be imposed after her term ends – is faulty and clearly contravenes the established principle that the ombudsman, who may be removed from office only by impeachment, cannot be charged with disbarment during her incumbency,” it explained. 

Belgica, who lost in the 2016 senatorial race, earlier said he would also file an impeachment complaint against Morales before the House of Representatives.

The Volunteers Against Crime and Corruption also warned Morales of an impeachment case if she clears Aquino of multiple murder charges in connection with the 2015 Mamasapano incident that left over 60 people dead.