Legal Opinion on the Immediately Executory Nature of the Office of the Ombudsman Decisions Despite Pendency of an Appeal

BAGONG PILIPINAS the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph DILG OPINION NO. 5 2026 JUN 16 2026 ATTY. EUGENE L. DE JESUS Provincial Legal Officer Province of Aurora SUBJECT: Legal Opinion on the Immediately Executory Nature of the Office of the Ombudsman Decisions Despite Pendency of an Appeal Dear Atty. De Jesus: This has reference to your letter requesting the Department's legal opinion regarding execution of the decision rendered by the Office of the Ombudsman. As explained, a former employee of the Provincial Government was found administratively liable by the Ombudsman in its Resolution, meting the penalty of dismissal from service. Aggrieved, said employee filed an appeal, which was perfected. Following the Ombudsman’s decision, the Office of the Governor prevented the employee from returning to work. However, the latter insists on reassuming his position and has threatened to file an action against the Governor. Specifically, you raised the following points, which we hereunder state in toto: 1. Whether or not the Ombudsman’s administrative penalty of dismissal from service is immediately executory, notwithstanding the pendency of an appeal filed by the concerned employee; 2. Whether the Governor acted correctly in preventing said employee from reassuming office in the absence of a TRO or injunctive relief; and 3. What appropriate steps may be undertaken by the Provincial Government to protect itself from possible liability while ensuring compliance with applicable laws and regulations? We discuss. Section 7, Rule Ill of the Rules of Procedure of the Office of the Ombudsman! explicitly states: “Section 7. Finality and execution of decision.- XXX 1 Administrative Order No. 07, as amended by Administrative Order No. 17, dated September 7, 2003. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454