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

An appeal shall not stop the decision from being executory. XXX A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. The Office of the Ombudsman shall ensure that the decision shall be strictly enforced and properly implemented. The refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine, or censure shall be a ground for disciplinary action against said officer.” Said rule has been elaborated further in Ombudsman Memorandum Circular No. 01, s. 2006, which provides that “the filing of a motion for reconsideration or a petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the foregoing Ombudsman decisions, orders or resolutions.” Clearly, the aforementioned provisions sufficiently addressed the first query. Notwithstanding any legal remedies availed of by the respondent in the administrative case, any decisions, orders, or resolutions of the Ombudsman would remain as immediately executory. As decided by the Supreme Court in the case of Office of the Ombudsman vs. Samaniego?, the decision of the Ombudsman is immediately executory pending appeal and cannot be stayed by the mere filing of available post- judgment remedies such as appeal. Anent the second query, we opine in the affirmative. The Governor's act of preventing the employee from returning to work falls squarely within the bounds of law and is pursuant to the penalty imposed by the Ombudsman. With regard to the third query, consideration must be given to whom the Ombudsman has directed to implement its decision. If itis the Provincial Government, the following actions may be undertaken: a. Secure and preserve all documents relevant to the administrative case, including the Ombudsman’s resolution, notices of implementation, communications with the respondent, and other pertinent legal correspondence; and b. Should the respondent employee attempt to forcibly return to the office or cause disruption, the Provincial Government may seek assistance from the local Philippine National Police to maintain order and ensure due compliance with the Ombudsman’s directives. All things considered, this opinion is rendered based solely on the facts narrated and the issues raised in the letter, without prejudice to any decision, opinion, and order, contrary or otherwise, of the courts or competent authorities. We hope the foregoing has addressed your concern accordingly. Very truly yours, 2G.R. No. 175573, October 5, 2010. Page 2 of 3