Former Supreme Court Associate Justice Antonio Carpio said Ombudsman Jesus Crispin “Boying” Remulla still has the authority to revive the dismissal case of Senate Deputy Minority Leader Joel Villanueva.
Carpio explained that there could be a violation of due process if the decision of former Ombudsman Samuel Martires to reverse the dismissal order against Villanueva was kept confidential even from the prosecution. He emphasized that the prosecution also has the right to file a motion for reconsideration once.
It can be recalled that former Ombudsman Conchita Carpio Morales ordered Villanueva’s dismissal from public service in 2016 after he was found administratively liable for the alleged misuse of his ₱10-million Priority Development Assistance Fund (PDAF) in 2008, when he was still a representative of the CIBAC Partylist.
Last week, Ombudsman Remulla initially announced plans to enforce Villanueva’s dismissal but later withdrew after learning about what he described as the “secret” reversal issued by Martires in 2019—more than two years after Morales’ decision.
Martires, for his part, said Villanueva and the other respondents filed a motion for reconsideration within the prescribed period. Under the rules of the Ombudsman, a motion for reconsideration must be filed within 10 days after the party receives the decision or order.
Upon reviewing the case, Remulla said he would examine the circumstances surrounding the dismissal reversal, adding that the case could be reopened without violating the constitutional protection against double jeopardy.
Meanwhile, Supreme Court Associate Justice Adolfo Azcuna said Martires could still be held accountable if it is proven that he acted on Villanueva’s motion for reconsideration beyond a reasonable period.