G.R. No. 154952. July 16, 2012 - Supreme Court of the Philippines

Decision - 11 - G.R. No. 154952Section 27 of RA 6770 provides as follows:Section 27. Effectivity and Finality of Decisions. - All provisionaryorders of the Office of the Ombudsman are immediately effective andexecutory.x x x xFindings of fact by the Office of the Ombudsman when supportedby substantial evidence are conclusive. Any order, directive or decisionimposing the penalty of public censure or reprimand, suspension of notmore than one month's salary shall be final and unappealable.In all administrative disciplinary cases, orders, directives ordecisions of the Office of the Ombudsman may be appealed to theSupreme Court by filing a petition for certiorari within ten (10) days fromreceipt of the written notice of the order, directive or decision or denial ofthe motion for reconsideration in accordance with Rule 45 of the Rules ofCourt.The then Rules of Procedure of the Office of the Ombudsmanlikewise contain a similar provision. Section 7, Rule III of AdministrativeOrder (A.O.) No. 07 30 provides as follows:Sec. 7. Finality and Execution of Decision - Where the respondent isabsolved of the charge and in case of conviction where the penalty imposedis public censure or reprimand, suspension of not more than one month, or afine equivalent to one month salary, the decision shall be final, executoryand unappealable. In all other cases, the decision shall become final afterthe expiration of ten (10) days from receipt thereof by the respondent,unless a motion for reconsideration or petition for certiorari, shall havebeen filed by him as prescribed in Section 27 of R.A. 6770.In Fabian v. Desierto, 31 we declared unconstitutional Section 27 ofRA 6770 and Section 7, Rule III of A.O. No. 7 and any other provision oflaw implementing the aforesaid Act and insofar as they provide for appealsin administrative disciplinary cases from the Office of the Ombudsman tothe Supreme Court. We held that such provision was violative of Section 30,Article VI of the Constitution as it expanded our appellate jurisdictionwithout our advice and concurrence; and that it was also inconsistent withSection 1, Rule 45 of the Rules of Court which provides that a petition forreview on certiorari shall apply only to a review of judgments or final3031Dated April 10, 1990.Supra note 25, at 489.