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FABIAN VS DESIERTO

FABIAN VS DESIERTO

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Published by Ross Lyne

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Published by: Ross Lyne on Sep 25, 2011
Copyright:Attribution Non-commercial

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08/31/2014

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FABIAN VS DESIERTOFacts:
Petitioner Teresita Fabian was the major stockholder and President of PROMATConstruction Development Corporation which was engaged in the construction business.Private respondent Nestor Agustin was the District Engineer of the First Metro ManilaEngineering District. PROMAT participated in the bidding for government construction projects,and private respondent, reportedly taking advantage of his official position, inveigled petitionerinto an amorous relationship. Their affair lasted for some time, in the course of which, privaterespondent gifted PROMAT with public works contracts and interceded for it in problemsconcerning the same in his office. When petitioner tried to terminate their relationship, privaterespondent refused and resisted her attempts to do so to the extent of employing acts of harassment, intimidation and threats. Petitioner filed an administrative complaint againstprivate 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, theOmbudsman discovered that the private
respondent’s new counsel had been his classmate and
close associate, hence, he inhibited himself. The case was transferred to respondent DeputyOmbudsman who exonerated private respondent from the administrative charges. Petitionerappealed 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 administrativedisciplinary 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 theSC via a petition for review on certiorari under Rule 45. Under the present Rule 45, appeals maybe brought through a petition for review on certiorari but only from judgments and final ordersof 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 adoptedto 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 Officeof the Ombudsman in administrative disciplinary cases. It consequently violates the

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