JUDGE RENATO A. FUENTES, vs. OFFICE OF THE OMBUDSMAN-MINDANAO, GRAFT INVESTIGATION OFFICER II, MARIVIC A. TRABAJO-DARAY, ANTONIO E. VALENZUELA in his capacity as the Director for Fact Finding and Intelligence of the Office of the Deputy Ombudsman for Mindanao, and MARGARITO P. GERVACIO, JR., in his capacity as Deputy Ombudsman for Mindanao

Constitutional Law 1 - Case Digests

On the Supreme Court's Supervision over Lower Courts

JUDGE RENATO A. FUENTES, vs. OFFICE OF THE OMBUDSMAN-MINDANAO, GRAFT INVESTIGATION OFFICER II, MARIVIC A. TRABAJO-DARAY, ANTONIO E. VALENZUELA in his capacity as the Director for Fact Finding and Intelligence of the Office of the Deputy Ombudsman for Mindanao, and MARGARITO P. GERVACIO, JR., in his capacity as Deputy Ombudsman for Mindanao

Facts: Pursuant to the government’s plan to construct its first fly-over in Davao City, the Republic of the Philippines filed an expropriation case against the owners of the properties affected by the project. The expropriation case was presided by Judge Renato A. Fuentes. The government won the expropriation case. DPWH still owed the defendants-lot owners.  The lower court granted Tessie Amadeo’s motion for the issuance of a writ of execution against the DPWH to satisfy her unpaid claim.  On May 3, 1994, respondent Sheriff Paralisan issued a Notice of Levy, addressed to the Regional Director of the DPWH, Davao City, describing the properties subject of the levy as ‘All scrap iron/junks found in the premises of the Department of Public Works and Highways depot at Panacan, Davao City. The auction sale pushed through and  Alex Bacquial emerged as the highest bidder.  Meanwhile, Alex Bacquial, together with respondent Sheriff Paralisan, attempted to withdraw the auctioned properties on May 19, 1994.  They were, however, prevented from doing so by the custodian of the subject DPWH properties, a certain Engr. Ramon Alejo, who claimed that his office was totally unaware of the auction sale, and informed the sheriff that many of the properties within the holding area of the depot were still serviceable and were due for repair and rehabilitation.

On the basis of letters from Congressman Manuel M. Garcia of the Second District of Davao City and Engineer Ramon A. Alejo, the Court Administrator, Supreme Court directed Judge Renato A. Fuentes and Sheriff Norberto Paralisan to comment on the report recommending the filing of an administrative case against the sheriff and other persons responsible for the anomalous implementation of the writ of execution.  The Department of Public Works and Highways, through the Solicitor General, filed an administrative complaint against Sheriff Norberto Paralisan for conduct prejudicial to the best interest of the service.

The Office of the Ombudsman-Mindanao recommended that Judge Renato A. Fuentes be charged before the Sandiganbayan with violation of Republic Act No. 3019, Section 3 (e) and likewise be administratively charged before the Supreme Court with acts unbecoming of a judge.

Director Valenzuela filed with the Office of the Deputy Ombudsman for Mindanao a criminal complaint charging Judge Rentao A. Fuentes with violation of Republic Act No. 3019, Section 3 (e).

Fuentes filed with the Office of the Ombudsman-Mindanao a motion to dismiss complaint and/or manifestation to forward all records to the Supreme Court.

Petitioner alleged that the respondent Ombudsman-Mindanao committed a grave abuse of discretion amounting to lack or excess of jurisdiction when he initiated a criminal complaint against petitioner for violation of R.A. No. 3019, Section 3 [e].  And he conducted an investigation of said complaint against petitioner.  Thus, he encroached on the power of the Supreme Court of administrative supervision over all courts and its personnel.

The Solicitor General submitted that the Ombudsman may conduct an investigation because the Supreme Court is not in possession of any record which would verify the propriety of the issuance of the questioned order and writ.  Moreover, the Court Administrator has not filed any administrative case against petitioner judge that would pose similar issues on the present inquiry of the Ombudsman-Mindanao.

Issue: Whether the Ombudsman may conduct an investigation of acts of a judge in the exercise of his official functions alleged to be in violation of the Anti-Graft and Corrupt Practices Act, in the absence of an administrative charge for the same acts before the Supreme Court.

Held: No.

Republic Act No. 6770, otherwise known as the Ombudsman Act of 1989, provides:

“Sec. 15.  Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties: (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.  It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases.”

Thus, the Ombudsman may not initiate or investigate a criminal or administrative complaint  before his office against petitioner judge, pursuant to his power to investigate public officers.  The Ombudsman must indorse the case to the Supreme Court, for appropriate action.

Article VIII, Section 6 of the Constitution exclusively vests in the Supreme Court administrative supervision over all courts and court personnel, from the Presiding Justice of the Court of Appeals to the lowest municipal trial court clerk.

Hence, it is the Supreme Court that is tasked to oversee the judges and court personnel and take the proper administrative action against them if they commit any violation of the laws of the land.  No other branch of government may intrude into this power, without running afoul of the independence of the judiciary and the doctrine of separation of powers.

Petitioner’s questioned order directing the attachment of government property and issuing a writ of execution were done in relation to his office, well within his official functions.  The order may be erroneous or void for lack or excess of jurisdiction.  However, whether or not such order of execution was valid under the given circumstances, must be inquired into in the course of the judicial action only by the Supreme Court that is tasked to supervise the courts. “No other entity or official of the Government, not the prosecution or investigation service of any other branch, not any functionary thereof, has competence to review a judicial order or decision--whether final and executory or not--and pronounce it erroneous so as to lay the basis for a criminal or administrative complaint for rendering an unjust judgment or order.