TERESITA G. FABIAN vs. HON. ANIANO A. DESIERTO, in his capacity as ombudsman; HON. JESUS F. GUERRERO, in his capacity as Deputy Ombudsman for Luzon; and NESTOR V. AGUSTIN

Constitutional Law 1 Case Digests

On Congressional Power over Jurisdiction of Supreme Court

TERESITA G. FABIAN  vs. HON. ANIANO A. DESIERTO, in his capacity as ombudsman; HON. JESUS F. GUERRERO, in his capacity as Deputy Ombudsman for Luzon; and NESTOR V. AGUSTIN (1998)

Facts: Fabian was the major stockholder and president of PROMAT Construction Development Corporation (PROMAT) which was engaged in the construction business w/ Agustin. Agustin was the incumbent District Engineering District (FMED) when he allegedly committed the offenses for which he was administratively charged in the Office in the office of the Ombudsman. Misunderstanding and unpleasant incidents developed between the parties and when Fabian tried to terminate their relationship, Agustin refused and resisted her attempts to do so to the extent of employing acts of harassment, intimidation and threats. She eventually filed the aforementioned administrative case against him. A case ensued which eventually led an appeal to the Ombudsman – who inhibited himself – later the case led to the deputy Ombudsman. The deputy ruled in favor of Agustin and he said the decision is final and executory. Fabian appealed the case to the SC. She averred that Section 27 of Republic Act No. 6770 (Ombudsman Act of 1989) pertinently provides that -In all administrative diciplinary cases, orders, directives or decisions of the Office of the Ombudsman may be appealed to the Supreme Court by filing a petition for certiorari within ten (10) days from receipt of the written notice of the order, directive or decision or denial of the motion for reconsideration in accordance with Rule 45 of the Rules of Court.

ISSUE: Whether or not Sec 27 of the Ombudsman Act is valid.

HELD: Taking all the foregoing circumstances in their true legal roles and effects, therefore, Section 27 of Republic Act No. 6770 cannot validly authorize an appeal to this Court from decisions of the Office of the Ombudsman in administrative disciplinary cases. It consequently violates the proscription in Section 30, Article VI of the Constitution against a law which increases the Appellate jurisdiction of this Court. No countervailing argument has been cogently presented to justify such disregard of the constitutional prohibition. That constitutional provision was intended to give this Court a measure of control over cases placed under its appellate Jurisdiction. Otherwise, the indiscriminate enactment of legislation enlarging its appellate jurisdiction would unnecessarily burden the Court.