Press Release
March 12, 2009

CHIZ TO MERCY: REDEEM YOURSELF BY STEPPING DOWN IN OCTOBER

Sen. Francis "Chiz" Escudero said on Thursday that embattled Ombudsman Merceditas Gutierrez should avail of the legal option he has presented and step down in October this year to redeem herself and the lost glory and integrity of her office.

"I do not intend to engage the Ombudsman in a long and rigorous legal debate. Time is of the essence. The Ombudsman, whose credibility has already been tarnished with irregularity, favouritism and fraud, must be given the chance to redeem itself," the senator said. "And this is one viable option for her and Malacañang since Gutierrez does not want to resign," Escudero added.

He again pointed out that Philippine "case law" reveals that the appointment of Gutierrez may be viewed and ruled upon as a mere continuation of the original term of then Ombudsman Simeon Marcelo.

"Our case law shows that, as a matter of rule in administrative law, the resignation or the removal of an officer during his/her term and the appointment of a successor do not divide the term or create a new and distinct one," he emphasized.

Based on American jurisprudence and as cited in the case of Republic v. Imperial, the appointment of an officer due to a permanent vacancy due to resignation, death or incapacity is only for the unexpired portion, said Escudero.

Contrary to what the Ombudsman believes, and in invoking paragraph 3, section 8 of RA No. 6770, the appointment of Gutierrez must not be strictly construed and limited on the basis of such provision of law, he pointed out.

Escudero said as a rule, "laws are inferior to or must abide by the the constitution, looking into the pertinent provisions of the constitution vis-a-vis Sectiion 8 of RA No. 6770, it appears that there is already a contradiction, which makes said law constitutionally infirm.

The law, according to the senator, makes the over-all deputy ombudsman as acting ombudsman until the appointment of the new ombudsman when Section 9, Article XI of the Constitution shall be filled within three months from occurence. With this the constitutional mandatory prescription of three months is actually subverted since the acting ombudsman may serve beyond three months. More importantly, a new term of office is in effect created which the Constitution does not provide for."

The administrative rule used in Republic v. Imperial, which was issued in 1955 has been consistently applied in recent cases, in 2000 and 2008, concerning officials in government.

In 2000, the SC shortened the term of office of then CSC Commissioner Gaminde by one year, having succeeded her predecessor's unexpired term, in the case of Gaminde v. Coa.

In 2008, the court likewise ruled in the same manner, saying that the term of then PTA General Manager Kua should only be the unexpired portion of his predecessor's term, in the case of Kua v. Barbers, Escudero added.

"It is axiomatic in law that any and all provisions of an Act or statute must be read in relation to or in harmony with other laws, ESPECIALLY WITH THE CONSTITUTION or validly subsisting applicable jurisprudence," he said.

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