Tuesday, December 06, 2011

Marcelo G. Ganaden, et al. v. The Hon. Court of Appeals, et al., G.R. Nos. 170500 & 170510-11. June 1, 2011.

Administrative cases; execution of Ombudsman decisions. Petitioners in this case raise the issue of whether administrative decisions of the Office of the Ombudsman imposing the penalties of dismissal and one-year suspension from office are immediately executory pending appeal. The Supreme Court held that it is immediately executory pending appeal. This is the rule provided for under Section 7, Rule III of the Rules of Procedure of the Office of the Ombudsman, as amended by Administrative Order No. 17, dated September 15, 2003, which provides among others: “An appeal shall not stop the decision from being executory. In case the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal. A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course…” Under this provision, a respondent who is found administratively liable by the Office of the Ombudsman and is slapped with a penalty of suspension of more than one month from service has the right to file an appeal with the CA under Rule 43 of the 1997 Rules of Civil Procedure, as amended. But although a respondent is given the right to appeal, the act of filing an appeal does not stay the execution of the decision of the Office of the Ombudsman. Marcelo G. Ganaden, et al. v. The Hon. Court of Appeals, et al., G.R. Nos. 170500 & 170510-11. June 1, 2011.

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