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De Lima: Ombudsman can't defy Palace order to dismiss deputy
04/04/2011 | 11:45 AM
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Deputy Ombudsman Emilio Gonzalez III may have been cleared by the Office of the Ombudsman's internal investigating body but the Office of the President can still order his dismissal for his alleged inaction on the case of slain policeman Rolando Mendoza.

Mendoza was the one who held hostage a busload of tourists on August 23 last year in protest of the Office of the Ombudsman's handling of his case. After an 11-hour standoff, Mendoza and eight Hong Kong tourists were killed.

On Monday, reacting to Ombudsman Merceditas Gutierrez's supposed defiance of the Palace order issued on Friday last week, Justice Secretary Leila de Lima said the president can order Gonzalez's dismissal.

Gutierrez claimed last week that an internal investigating committee has acquitted Gonzalez, and is thus can no longer be dismissed.

De Lima, however, said regardless of the Ombudsman internal committee's probe, the president can still order the dismissal of a deputy Ombudsman.

"I dont' think they can defy that. It doesn't matter even if he (Gonzalez) was cleared by that internal committee. The Office of the President has a different jurisdiction, and this one is a statutory power given to the president irrespective of the action and decision of that internal committee," De Lima told reporters.

The Justice chief's sentiments were echoed earlier by Senate President Juan Ponce Enrile, who said that while the Ombudsman is independent, its office and personnel "are under the supervision and control of the President because the President is the Chief Executive."

De Lima chaired the Incident Investigation and Review Committee (IIRC), which investigated the hostage-taking. The IIRC strongly criticized Gonzalez's handling of Mendoza's case.

In its first report, the IIRC recommended that Gonzalez and his boss, Ombudsman Merceditas Gutierrez, be penalized for "gross negligence and grave misconduct in handling the case against Mendoza."

The committee noted that it took the Office of the Ombudsman nine months before acting on Mendoza's appeal.

Last Friday, Malacañang announced the dismissal of Gonzalez for mishandling the case of the late police Inspector Rolando Mendoza, who held hostage a busload of Hong Kong tourists last year.