MANILA, Philippines – Senate President Aquilino Pimentel III contradicted President Rodrigo Duterte’s claim and said Ombudsman Conchita Carpio Morales is entitled to a full term.

Pimentel said the 1987 Constitution mandates a term of 7 years for the Ombudsman.

Asked if Morales is “entitled” to the same, the Senate President told reporters on Wednesday, August 30: “That’s my reading of the Constitution, 7 years. Seven years dapat, ‘di sya lalagpas sa 7 years (It should be 7 years, her term should not exceed 7 years).”

“So [she was appointed in] 2011, so 2018 si Ombudsman [matatapos] (her term will end in 2018),” he added.

Senate Minority Leader Franklin Drilon, a former justice chief, shared the same view, and said Duterte’s remark “does not make sense.”

“It is obvious that term is for a full 7 years. As distinguished from other constitutional officials, where it is expressly stated that the appointee who assumes the unexpired portion of the term will only serve the unexpired portion – the COA, the Comelec, for example. There is no such expressed provision on the Office of the Ombudsman,” Drilon told reporters.

“Her term will be finished in July 2018. It (Duterte’s remark) doesn’t make sense,” he added.

The 1987 Constitution states that appointees to constitutional commissions, specifically the Commission on Audit (COA), the Commission on Elections (Comelec), and the Civil Service Commission (CSC), should only serve the “unexpired portion of the term of the predecessor.” It does not specify the Office of the Ombudsman.

The Constitution also provides guarantees which insulate the Office of the Ombudsman from political influence and interference.

Republic Act 6770, the law on the agency’s organization, states that in case of vacancy due to resignation, the Overall Deputy shall serve as Acting Ombudsman in a concurrent capacity “until a new Ombudsman shall have been appointed for a full term.”

Former president Benigno Aquino III appointed Morales in 2011. She took over the post vacated by Merceditas Gutierrez who resigned after almost 6 years in office, amid an impeachment case.

File a case

Drilon said that if Duterte really believes otherwise, Solicitor General Jose Calida could file a case before the court to question it.

“There is a legal remedy. I would suggest that if the administration is really serious about this legal issue, the matter must be brought to court. The SolGen is the one authorized to file a quo-warranto – not every citizen of Tom, Dick, and Harry can file a quo-warranto case. It has to be the SolGen,” said the senator.

On Tuesday, August 29, Duterte slammed Morales for “selective justice” and claimed she is not entitled to a full 7-year term.

“May I add, your hold [on] the office is very, very precarious. You’re supposed to serve the remaining terms of the guy who resigned, not to a full term, that is very clear under the law,” the President said, without specifying which law.

Morales has criticized Duterte in the past, most recently condemning his threats to kill criminals. The Ombudsman also asserted that the President cannot interfere in the investigations that her office is conducting.

Morales’ family has ties to Duterte, by marriage. The Ombudsman’s brother, lawyer Lucas Carpio Jr, is married to Court of Appeals (CA) Associate Justice Agnes Reyes Carpio. The Carpios are the parents-in-law of Davao City Mayor Sara Duterte-Carpio, daughter of the President. – Rappler.com