No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. (Sec. 30, Art. VI, 1987 Constitution)
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An administrative charge for grave misconduct was filed against Villavert, Sales & Promotion Supervisor of PCSO Cebu Branch. The Graft Investigation Officer recommended the dismissal of the case. However, Deputy Ombudsman-Visayas issued a Memorandum finding Villavert guilty of the charge. Hence, this petition for review on certiorari under Rule 45 of the Rules of Court, in relation to Sec. 27 of RA 6770.
Issue:
Issue:
May decisions of the Ombudsman in administrative cases be appealed to the Supreme Court?
Held:
No. In Fabian vs. Desierto, Sec. 27 of RA 6770, which authorizes an appeal to this Court from decisions of the Office of the Ombudsman in administrative disciplinary cases, was declared violative of the proscription in Sec. 30, Art. VI, of the Constitution against a law which increases the appellate jurisdiction of this Court without its advice and consent. In addition, the Court noted that Rule 45 of the 1997 Rules of Civil Procedure precludes appeals from quasi-judicial agencies, like the Office of the Ombudsman, to the Supreme Court. Consequently, appeals from decisions of the Office of the Ombudsman in administrative cases should be taken to the Court of Appeals under Rule 43, as reiterated in the subsequent case of Namuhe v. Ombudsman. (Villavert vs. Desierto, G.R. No. 133715. February 23, 2000)
No. In Fabian vs. Desierto, Sec. 27 of RA 6770, which authorizes an appeal to this Court from decisions of the Office of the Ombudsman in administrative disciplinary cases, was declared violative of the proscription in Sec. 30, Art. VI, of the Constitution against a law which increases the appellate jurisdiction of this Court without its advice and consent. In addition, the Court noted that Rule 45 of the 1997 Rules of Civil Procedure precludes appeals from quasi-judicial agencies, like the Office of the Ombudsman, to the Supreme Court. Consequently, appeals from decisions of the Office of the Ombudsman in administrative cases should be taken to the Court of Appeals under Rule 43, as reiterated in the subsequent case of Namuhe v. Ombudsman. (Villavert vs. Desierto, G.R. No. 133715. February 23, 2000)
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