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May the orders, directives or decisions of the Office of the Ombudsman in administrative disciplinary cases be appealed to the Supreme Court?


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 which, as correctly explained in First Leparto Ceramics, Inc. vs. Court of Appeals, et al. 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)


In Fabian, 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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