The Supreme Court has ruled in favor of the suspension and administrative proceedings against Ombudsman Special Prosecutor Wendell Barreras-Sulit.
Sulit is facing an administrative complaint because of the controversial US$ 303-million plea bargaining agreement entered into between the Office of the Ombudsman and former Armed Forces comptroller retired Maj. Gen. Carlos Garcia.
She was suspended in connection with her involvement in the agreement with Garcia.
Sulit filed her petition before the SC questioning the jurisdiction of the Office of the President to impose disciplinary action on her.
In her petition, Sulit maintained the OP has no jurisdiction to pursue administrative proceedings against her.
She argued that the grant to the President of the power to remove a Deputy or Special Prosecutor from office under Section 8 of the Ombudsman's Act of 1989 is "unconstitutional and void" because it negates the independence sought to be attained in the creation of the Ombudsman.
On March 24, 2011, the OP ordered Sulit to explain why no administrative proceedings should be conducted against her in connection with the controversial plea bargaining they have entered into with former AFP comptroller Carlos Garcia.
The OP was prompted to start an administrative proceeding against Sulit upon the recommendation of Congress that she should be dismissed from the service due to gross inexcusable negligence, ignorance of the law, lack of professionalism and dereliction of duty.
The SC ordered the continuance of the proceedings against Sulit who was accused of culpable violation of the 1987 Constitution and betrayal of public trust because of the said controversial plea bargaining agreement with Garcia.
source: PNA.gov.ph
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