Senators Question Ombudsman’s Authority to Dismiss Joel Villanueva

Colleagues of Senator Joel Villanueva reacted on the Ombudsman’s order to dismiss the senator from service.

Several members of the Senate questioned the authority of the Office of the Ombudsman to issue dismissal Senator Joel Villanueva due to misuse of PDAF.

This was following the decision of Ombudsman on Monday to dismiss Villanueva after they found him guilty of grave misconduct, serious dishonesty and conduct prejudicial to the interest of service over his alleged involvement in a P10-million pork barrel scam as a party-list lawmaker.

“To me, it’s a valid case for Senator Villanueva to bring to the Court of Appeals. The issue is the authority of the Ombudsman to make the penalty effective while the respondent, Villannueva, is already a senator,” Senate President Pro-Tempore Franklin Drilon told reporters on Monday in the Senate.

Senator Joel Villanueva.
Senator Joel Villanueva.

During the session of the Senate, Drilon said the Ombudsman investigated the alleged misuse of Villanueva’s pork barrel funds when he was already the director general of the Technical Education and Skills Development Authority (TESDA).

Before he was appointed as TESDA gead, Villanueva was the representative of CIBAC party-list.

“The imposed penalty while he was director general of TESDA and the accusatory penalty of perpetual disqualification of holding public office is moot,” Drilon said.

As the leader of the higher chamber, Senate President Aquilino Pimentel decided to refer to the Senate Committee on Rules the Ombudsman’s communication on its decision to dismiss Villanueva.

According to Pimentel, there was no hurry to implement the dismissal order since Villanueva filed a motion for reconsideration before the Ombudsman.

As chairman of the rules committee, Majority Leader Vicente Sotto III asked the Senate president how they will interpret Section 21 of Republic Act 6770 or The Ombudsman Act.

Section 21 states that, “the Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary.”

However, Pimentel deferred the matter to the rules committee, becauce according to him, all discussion should be brought to the panel, and not the plenary.

On the other hand, Villanueva said he will abide by the judicial process even the Ombudsman has no power to dismiss him.

“Binasa ko din yung Ombudsman Act …hindi naman kapangyarihan ng Ombudsman na mag-dismiss but again, just the same, nirerespeto natin ang proseso at buong-buo ang loob natin na makakamit natin ang hustisya,” Villanueva said.

 

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