Deputy Presidential Spokeswoman Abigail Valte said Gonzalez was given due process during the OP investigation and could still avail himself of legal remedies to contest the decision finding him liable for neglect and misconduct.

But if the embattled deputy Ombudsman fails to file an appeal within a required period, Valte said, Gonzalez has to vacate his office.

Gonzalez can file a motion for reconsideration before OP within 15 days or bring his complaint directly to the Court of Appeals within 60 days, according to Valte. “If that doesn’t happen, the decision to remove him achieves finality and his position will be declared vacant,” she said over government radio.

President Aquino earlier dismissed Gonzalez for mishandling administration case of a former police officer Rolando Mendoza who later held several tourists hostage in Manila last year.

Eight hostages and the hostagetaker were killed during the bloody incident that has embarrassed the Aquino government before the international community.

But the Office of the Ombudsman has reportedly refused to implement the OP order sacking Gonzalez, insisting he was already cleared in an internal probe.

Valte however defended that the OP decision leading to the dismissal of Gonzalez was based on the evidence to the Palace.

She said the Palace gave Gonzalez a show cause notice last November, to which he eventually responded. But when the OP granted his request for a formal hearing into his case, Gonzalez was nowhere in sight, she said.

Meanwhile, senators advised impeached Ombudsman Merceditas Gutierrez to distance herself from the case of Gonzales, reminding her that she is also subject of a complaint.

Senate President Juan Ponce Enrile said Gutierrez should dissociate herself from her subordinate and let the process of the law run its course.

“Kung ako siya (If I were her), I will let the process of the law take its course. ‘Yung si deputy ombudsman Gonzales, abugado yun eh (he’s a lawyer). He should know how to protect himself,” Enrile said over radio station DZBB.

Enrile added that the Senate is very much ready to take over as an impeachment court on May 9 and hear the six articles of impeachment the Lower House has presented to them for Gutierrez’ s trial.

“So if I were Merceditas Gutierrez, huwag na siyang makihalo diyan dahil meron siyang kaso (sa amin) eh, (she should not meddle because she has a case pending with us),” Enrile reiterated.

While the Ombudsman has the right to appeal the decision before the proper courts, the anti-graft body should heed President Aquino’s order unless they are able to get an injunctive relief in order to stop the execution of the president’s decision.

“Unless there is an injunction, or a temporary restraining order (TRO),the President’s decision is executory,” Enrile said.

He defended Aquino saying that as Chief Executive, the President has the power of control and supervision over all employees and executives of various departments of government except for those exempt from that by the Constitution.

“In this case, the President has the power to hire and fire, the power to appoint and the power to remove. Except when the Constitution itself or the laws establishes a different mode of removal , in which case, those manner of removal established in the Constitution or the laws must be followed,” the Senate leader explained.

Enrile also said he noticed the irregularity over Gonzales’ action on Mendoza’s appeal for a motion for reconsideration, thus his dismissal from the office was warranted.

Genalyn Kabiling, Manila Bulletin