MANILA, Philippines — The Supreme Court has ruled that former President Rodrigo Duterte acted without authority when he dismissed former Overall Deputy Ombudsman Arthur Carandang in 2018, finding that the removal violated constitutional limits on executive power and amounted to “executive overreach.”
In a Jan. 29 decision made public on Saturday, the Supreme Court’s Third Division granted Carandang’s petition and upheld earlier rulings of the Court of Appeals that voided his suspension and dismissal. The ruling was authored by Associate Justice Maria Filomena Singh.
The case stemmed from Carandang’s 2017 public statements to news outlets that the Office of the Ombudsman had obtained documents allegedly showing unexplained wealth linked to Duterte and his family. Following the disclosures, Carandang was suspended in January 2018 and later dismissed in July 2018 by the Office of the President.
The Supreme Court said the President had no disciplinary authority over a deputy ombudsman under the 1987 Constitution, which insulates the Office of the Ombudsman to preserve its independence. The court said allowing presidential discipline over the office would undermine constitutional checks and balances.
“The President had no administrative or disciplinary authority over a deputy ombudsman,” the court said, adding that the Constitution was designed to prevent executive control over accountability bodies.
The ruling affirmed earlier Court of Appeals decisions in 2021 and 2025 that had both sided with Carandang. It also invalidated his dismissal and ordered that he be restored to his rights, including retirement benefits and back salaries.
The Supreme Court traced the dispute to a 2016 complaint filed by former Senator Antonio Trillanes IV, which alleged unexplained wealth and corruption involving Duterte. The Ombudsman had begun reviewing related materials, including documents reportedly obtained through the Anti-Money Laundering Council, though the AMLC later denied providing bank records.
The court noted that the Office of the Ombudsman was left without full leadership after then Ombudsman Conchita Carpio-Morales inhibited herself from the case due to a family connection to Duterte’s daughter, Sara Duterte.
The decision also rejected allegations against Carandang, stating they lacked sufficient legal and factual basis.
“By no stretch of the imagination can any act of graft or corrupt practice be attributed to him,” the court said.
The ruling comes as separate political and legal issues involving the Duterte family continue to surface, including ongoing impeachment proceedings against Vice President Sara Duterte and international proceedings involving former President Duterte.
