Metro Manila (CNN Philippines, July 29) — The Palace on Saturday said it respects the authority of the Office of the Ombudsman to probe soldiers and policemen, following an exchange of statements between President Rodrigo Duterte and Ombudsman Conchita Carpio-Morales.
“The Executive recognizes and respects the constitutional mandate of the Ombudsman to investigate public officials,” said Presidential Spokesperson Ernesto Abella in a statement.
But Abella said being the commander-in-chief or Chief Executive, Duterte “assumes command responsibility for the actions of his men.”
“The President requests that investigations of members of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) related to the performance of their duties in the government’s anti-drug campaign or while Mindanao is under martial law be addressed to him,” Abella added.
President Rodrigo Duterte, in a media interview after his second State of the Nation Address on July 24, hit the investigation of Ombudsman and the Commission of Human Rights on members of the police and military.
“I will not allow my men to go there to be investigated… And for the Ombudsman to refrain from citing them in contempt for what, because I have the authority to give the final say whether they will attend or not,” the President said, noting that the police and the military are under him.
On Friday, Morales responded to Duterte’s remarks, saying he should not meddle because her office has the constitutional powers to conduct the investigations.
“Anong pakialam niya?” (Why does he meddle?)…Under the law, we have subpoena powers. We have orders for particular officials, including police and soldiers, to show up to file pleadings. If they don’t file pleadings, that’s their lookout,” Morales said.
Morales said it is the individual’s choice if he or she chooses not to respond.
“There is no law that requires a soldier, or a policeman, or any respondent for that matter, to seek clearance from anybody,” Morales said.
The Ombudsman said there have been instances when the respondents refused to respond. This would mean they have waived their right to file a counter-affidavit to oppose the evidence, if there is, against them.
But if there is probable cause, a case will push through whether or not the respondent answers or cooperates.
The Office of the Ombudsman is mandated to act on complaints against government employees, and enforce administrative, civil, and criminal liability. It also has has the authority to issue orders to officials, including policemen and soldiers, to show up before them, or file pleadings.
CNN Philippines’ Ver Marcelo, Yvette Morales, and Joyce Ilas contributed to this report.
