See - Can the Ombudsman dismiss a senator? | Freeman Opinion, The Freeman Sections, The Freeman | philstar.com
"x x x.
If I were the bar examiner in political Law or in remedial law in the ongoing bar examinations, I would perhaps ask this question of whether or not existing laws and jurisprudence are clear on the grant of legal powers on the part of the ombudsman to remove a duly-elected senator from his office. The constitutional provision as well as the organic law that created this office must be studied carefully by our country's leading legal scholars and luminaries. The people should be informed on the scope as well as limits of the powers of the ombudsman. May a senator, and for that matter, a congressman, be legally removed from office even before they are heard?
What happens if the Senate President or the Speaker of the House would refuse to implement the dismissal order? Could the ombudsman compulsorily enforce its order, and if so, how would it proceed to do so? Could it order its sheriff or bailiff to barge into the Senate or the House in plenary sessions, and physically remove a senator from those august bodies? Would that scenario not constitute a constitutional crisis? Well, we have all the respect for the ombudsman, especially the incumbent, who is a retired senior Supreme Court Justice with impeccable credentials and unquestionable integrity.
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