Jonathan G. Monterde and Roy C. Conag vs. Bayani H. Jacinto, in his capacity as Graft Investigation and Prosecution Officer III, Gerard A. Mosquera, in his capacity as Deputy Ombudsman for Luzon, Conchita Carpio-Morales, in her capacity as Ombudsman of the Philippines, and Evelyn A. Conag,
G.R. No. 214102, February 14, 2022
Facts:
1. The case stemmed from the administrative complaint filed by Evelyn A. Conag in 2011 against the vice mayor and the members of the sangguniang bayan of Esperanza, Mas bate, for Gross Negligence, and violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.
2. In its Decision, the Ombudsman found merit in the complaint and held that the local government officials were indeed remiss in their duties. The Ombudsman thus imposed upon them the penalty of suspension for six months
3. Aggrieved, the local government officials, including petitioners, filed two separate motions for reconsideration, arguing in common that the assailed Decision has no basis in fact and law, and that the suspension was too harsh a penalty. The Ombudsman partially granted the motions and reduced the penalty to a fine equivalent to three-months' salary,
4. Unsatisfied with the reduction of the penalty, Conag moved to reconsider the Ombudsman' Order. However, this was denied by the Ombudsman for lack of merit.
5. Undeterred, petitioners filed the instant petition, arguing that the assailed Decision should be nullified for being rendered with grave abuse of discretion.
Issue:
Whether or not petitioners petition before the Supreme Court is the proper remedy questioning the Order of the Ombudsman
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Ruling:
No. The Supreme Court held that it is well settled that appeals from the decisions of the Ombudsman in administrative disciplinary cases should be taken to the Court of Appeals under the provisions of Rule 43.
Further, decisions of the Ombudsman in administrative disciplinary cases are required to be executed as a matter of course. In fact, not even the filing of a motion for reconsideration or a petition for review can stay the immediate implementation of Ombudsman decisions, resolutions, or orders in administrative disciplinary cases.
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