TOPIC: RULE MAKING POWERS

FABIAN, petitioner
v
DESIERTO, et al., respondents
G.R. No. 129742 September 16, 1998
Facts of the Case:
Petitioner Fabian (PROMAT president) and Agustin (FMED Engineer) were in an romantic relationship.
Fabian decided to stop their relations, but Agustin refuses and employed acts of harassment, intimidation,
ad threats. This led to Fabian filing and administrative case against him.
In the initial investigation done by Graft Investigator Eduardo Benitez, Agustin was found guilty. It was
approved by the director and Assistant Ombudsman. The case was then transferred to Ombudsman
Guerrero who then released Agustin of charges and his decision was deemed final and executory.
Fabian argues that the Office of the Ombudsman has no authority to restrict the appeal of the case and
limit the power of the Supreme Court under Section 27 of RA 6770:
all administrative 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 in
accordance with Rule 45 of the Rules of Court.
She then proceeds to file an appeal under the SC.
After the responses of both parties, the court found that the parties failed to question the constitutionality
of Sec. 27 of RA 6770 in relation to Section 30 of Article VI of the 1987 Constitution:
(n)o law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided
in this Constitution without its advice and consent
Issue:
Whether Sec. 27 of RA 6770 is inconsistent with Sec 30 of Article VI of the Constitution
Ruling:
YES. Section 27 of RA 6770 cannot validly authorize an appeal to the SC from the Office of the
Ombudsman (administrative cases) for it increases the appellate jurisdiction of the SC. The
aforementioned section is deemed unconstitutional.
With this, any other law implementing the said Act relating to administrative disciplinary cases of the
Office of the Ombudsman is deemed invalid.

The case is referred and transferred to the CA for final disposition.