You are on page 1of 1

Buenaseda vs.

Flavier

Facts:
This is a petition seeking to nullify the Order of the Ombudsman directing the preventive
suspension of petitioners. The order was issued in connection with the administrative
complaint filed with the Ombudsman by the private respondents for violation of the Anti-
Graft and Corrupt Practices Act.
Solicitor General: The authority of the Ombudsman is only to recommend suspension and he
has no direct power to suspend; and assuming the Ombudsman has the power to directly
suspend a government official or employee, there are conditions required by law for the
exericse of such powers; said conditions have not been met in the instant case.

Issue; WON Ombudsman has the power to suspend said government officials and employees

Held: Yes. When the Constitution vested on the Ombudsman the power “to recommend the
suspension” of a public official or employees, it referred to “suspension,” as a punitive measure.
All the words associated with the word “suspension” in said provision referred to penalties in
administrative cases, e.g. removal, demotion, fine, censure. Under the rule of noscitur a sociis,
the word “suspension” should be given the same sense with the words with which it is
associated or company of words with which it is found.

You might also like