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SC voids Duterte’s dismissal of ex-Overall Deputy Ombudsman Carandang
SC voids Duterte’s dismissal of ex-Overall Deputy Ombudsman Carandang
Nation
SC voids Duterte’s dismissal of ex-Overall Deputy Ombudsman Carandang
by Luwela Amor02 May 2026
Photo courtesy: PNA

The Supreme Court has voided the 2018 order of former President Rodrigo Duterte dismissing then Overall Deputy Ombudsman Melchor Arthur Carandang.

In a decision promulgated on Jan. 29, 2026, the High Court affirmed the ruling of the Court of Appeals that had overturned Carandang’s dismissal.

The SC said through a ruling penned by Associate Justice Maria Filomena Singh stressed that the President has no disciplinary authority over a Deputy Ombudsman under the Constitution.

“By constitutional design, the President possesses no administrative or disciplinary authority over a Deputy Ombudsman,” the Court said.

The ruling reiterated the long-standing doctrine in the case of Gonzales III v. Office of the President, which held that granting the President power to remove a Deputy Ombudsman is unconstitutional.

“The removal of former Overall Deputy Ombudsman Carandang serves as the convenient doorway through which that settled ruling may be reopened. Yet the Court remains unconvinced,” the decision added.

The SC emphasized that the Office of the Ombudsman is an independent constitutional body intended to be insulated from executive influence, particularly in cases involving investigations of the President.

As a result, the Court declared void the 2018 decision of the Office of the President ordering Carandang’s dismissal, as well as related implementing issuances, including an Ombudsman order enforcing his removal.

“The Decision dated July 30, 2018, and the Resolution dated May 28, 2019, of the Office of the President...are declared void,” the ruling stated.

“The order, dated June 14, 2019, of the Office of the Ombudsman directing Melchor Arthur H. Carandang to cease and desist from performing his powers and functions as Overall Deputy Ombudsman, and declaring his post vacant is likewise declared void,” the SC ruling read.

The Court further ruled that Carandang is entitled to retirement benefits and back salaries covering his preventive suspension, up to the expiration of his term.

“Carandang is entitled to all of his retirement benefits effective upon the expiration of his term. He is also entitled to receive his salaries corresponding to the period of his preventive suspension and dismissal, but only up to the expiry of his term,” the decision read.

Even on the merits, the Court found insufficient evidence to support allegations of graft, corruption, or betrayal of public trust against Carandang.

Carandang was removed from office in 2018, two years before his scheduled retirement in 2020.

To recall, Former Senator Antonio Trillanes IV had raised the issue of Carandang’s dismissal during a House impeachment hearing held on April 22, citing it as part of broader concerns over executive actions during the Duterte administration.

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