Maui Ramos

Fabian v. Desierto
Regalado, J.
G.R. No. 129742 – Sept 16, 1998
(Highest Court of the Land: Supreme Court; Rule-Making Powers)

Fabian charged Agustin with administrative cases through the Ombudsman – Ombudsman absolved
Agustin of the administrative charges against him. Fabian appealed the decision to the SC by certiorari.
The constitutionality of such appeal procedure is being questioned.

FACTS
 Teresita Fabian is a major stockholder and president of PROMAT Construction.
 Nestor Agustin is a District Engineer of First Metro Manila Engineering Dist. (FMED)
 Agustin used his position to induce Fabian into an amorous relationship.
 Agustin awarded Fabian with some public works contracts but when misunderstandings arose,
Fabian tried to terminate their relationship.
 Agustin refused and resisted her attempts, and employed acts of harassment, intimidation and
threats.
 Fabian then filed an administrative case against Agustin citing oppression, misconduct and
disgraceful immoral conduct.
 Grant Investigator first found Agustin guilty and ordered dismissal and forfeiture of all benefits
under law.
 Ombudsman Desierto approved the memo but lowered the penalty to suspension without pay for
one year.
 Agustin filed a MR through his counsel who was a close friend and classmate to the Ombudsman.
Thus Desierto inhibited himself.
 Case was transferred to Deputy Ombudsman Guerrero who then exonerated Agustin.
 Fabian filed an appeal to the SC by certiorari citing that:
o Sec 27 of RA 6770 (Ombudsman Act of 1989) allows all decisions of the Office of the
Ombudsman to be appealed to the SC by filing certiorari within 10 days of receipt.

ISSUE/S
1. Is Sec 27 of RA 6770 constitutional?

HELD
1. No it is not. Therefore, SC declared the provision INVALID.
a. Section 27 violates Section 30 of Article VI of the Constitution.
b. Section 30 states that no law shall be passed increased the appellate jurisdiction of the SC
w/o its approval in order to not
c.  This constitutional prohibition is in effect in order not to burden the court.
d. Under the Present Rule 45 of the Revised rules in Civil Procedure, appeals from quasi-
judicial agencies should be brought to the CA for further verification of the petition.

RULING
 Section 27 of RA 6770 is therefore declared INVALID and of no further force and effect.
 The petition is referred and transferred to the CA, pro hac vice (for this time only)