(Eagle News) — Regional trial courts cannot interfere with or restrain the execution of Ombudsman decisions in disciplinary cases.
This was the reminder of the Supreme Court’s Office of the Court Administrator, in view of what it said were persistent reports that some RTCs issue temporary restraining orders and writs of preliminary injunction against the anti-graft body’s decisions in cases of that nature.
The reminder, contained in a circular signed by Court Administrator Midas Marquez, was issued also after Interior Secretary Eduardo Año pointed this out in a letter dated Nov. 21.
“All judges are hereby reminded and advised that pursuant to the doctrine of judicial stability or non-interference, the RTC has no jurisdiction (to do such),” the circular said.
The circular said the Ombudsman was a co-equal of the RTC, citing the SC’s admonitions that “where the decisions of certain administrative bodies are appealable to the Court of Appeals, these adjudicative bodies are co-equal with the (RTCs) in terms of rank and stature; their actions are logically beyond the control of the RTC, a co-equal body.”
The circular noted that the decisions of the Ombudsman in disciplinary cases are appealable to the CA via a petition for review under Rule 43 of the Rules of Court.
“For strict compliance,” the circular said. With a report from Moira Encina