Fabian Desierto Report Consti

Teresita Fabian vs Honorable Aniano
Desierto & Nestor Agustin

On November 16, 2011
Political Law Appellate Jurisdiction of the Court
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)1 [Effective November 17, 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.
Fabian vs. Desierto G.R. No. 129742, September 16, 1998
Facts: Petitioner Teresita Fabian was the major stockholder and

President of PROMAT Construction Development Corporation
which was engaged in the construction business. Private
respondent Nestor Agustin was the District Engineer of the First
Metro Manila Engineering District. PROMAT participated in the
bidding for government construction projects, and private
respondent, reportedly taking advantage of his official position,
inveigled petitioner into an amorous relationship. Their affair
lasted for some time, in the course of which, private respondent
gifted PROMAT with public works contracts and interceded for it
in problems concerning the same in his office. When petitioner
tried to terminate their relationship, private respondent refused
and resisted her attempts to do so to the extent of employing acts
of harassment, intimidation and threats. Petitioner filed an
administrative complaint against private respondent.
Ombudsman found private respondent guilty of misconduct and
meted out the penalty of suspension without pay for 1 year. After
private respondent moved for reconsideration, the Ombudsman
discovered that the private respondents new counsel had been
his classmate and close associate, hence, he inhibited himself.
The case was transferred to respondent Deputy Ombudsman who
exonerated private respondent from the administrative charges.
Petitioner appealed to the SC by certiorari under Rule 45 of the
Rules of Court.
Issue: Whether or not Section 27 of RA 6770 which provides for

appeals in administrative disciplinary cases from the Office of the
Ombudsman to the SC in accordance with Rule 45 of the Rules of
Court is valid
Held: The revised Rules of Civil Procedure preclude appeals from

quasi-judicial agencies to the SC via a petition for review on
certiorari under Rule 45. Under the present Rule 45, appeals may
be brought through a petition for review on certiorari but only from
judgments and final orders of the courts enumerated in Sec. 1
thereof. Appeals from judgments and final orders of quasi-judicial
agencies are now required to be brought to the CA on a verified
petition for review, under the requirements and conditions in Rule
43 which was precisely formulated and adopted to provide for a
uniform rule of appellate procedure for quasi-judicial agencies.
Section 27 of RA 6770 cannot validly authorize an appeal to the
SC from decisions of the Office of the Ombudsman in
administrative disciplinary cases. It consequently violates the
proscription in Sec. 30, Art. VI of the Constitution against a law
which increases the appellate jurisdiction of the SC.
RA 6770
Section 27. Effectivity and Finality of Decisions. (1) All provisionary orders of the Office of
the Ombudsman are immediately effective and executory.
A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman
must be filed within five (5) days after receipt of written notice and shall be entertained only on
any of the following grounds:
(1) New evidence has been discovered which materially affects the order, directive or
decision;
(2) Errors of law or irregularities have been committed prejudicial to the interest of the
movant. The motion for reconsideration shall be resolved within three (3) days from
filing: provided, that only one motion for reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are
conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand,
suspension of not more than one (1) month's salary shall be final and unappealable.
In all administrative disciplinary 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.
The above rules may be amended or modified by the Office of the Ombudsman as the interest of
justice may require.

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Teresita Fabian vs Honorable Aniano

Desierto & Nestor Agustin

Fabian vs. Desierto G.R. No. 129742, September 16, 1998

Facts: Petitioner Teresita Fabian was the major stockholder and

Issue: Whether or not Section 27 of RA 6770 which provides for

Held: The revised Rules of Civil Procedure preclude appeals from

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