2018 Political Law, Q10

Ascertain the constitutionality of the following acts: (2.5% each)
(a) An investigation conducted by the Ombudsman against a Commissioner of the Commission on Audit for serious misconduct.
(b) A law prohibiting any court, other than the Supreme Court, from issuing a writ of injunction against an investigation being conducted by the Ombudsman.
(c) A law prohibiting any appeal from the decision or final order of the Ombudsman in an administrative proceeding, except through a petition for review on certiorari filed before the Supreme Court.

Quick check

May the Ombudsman conduct an investigation against a Commissioner of the Commission on Audit for serious misconduct?

Why is a statutory prohibition against lower courts issuing injunctions against Ombudsman investigations unconstitutional?

Under Article VI, Section 30 of the Constitution, why is a law directing Ombudsman administrative appeals straight to the Supreme Court void?

What is the proper procedural remedy to appeal an administrative decision of the Ombudsman?

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Which landmark Supreme Court ruling struck down the anti-injunction provision regarding Ombudsman investigations?

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1. Ombudsman Impeachable Powers
Under Article XI, Section 13 of the 1987 Constitution, the Office of the Ombudsman possesses broad investigatory authority over all public officials and employees, including impeachable officers like Commissioners of the Commission on Audit. While the Ombudsman cannot directly impose administrative sanctions or remove impeachable officials during their tenure, it has full constitutional authority to conduct administrative investigations against them to determine whether grounds for impeachment exist. If serious misconduct is established, the Ombudsman may file the appropriate complaint before the House of Representatives to initiate impeachment proceedings.

2. Judicial Rulemaking Limitations
Under Article VIII, Section 5(5) of the 1987 Constitution, the Supreme Court possesses the exclusive power to promulgate rules concerning pleading, practice, and procedure in all courts. In the Carpio-Morales ruling, the Supreme Court declared unconstitutional statutory provisions prohibiting lower courts from issuing injunctive writs against Ombudsman investigations. Congress cannot enact laws restricting the power of lower courts to issue provisional injunctive remedies, as such statutory prohibitions impermissibly encroach upon the constitutional rulemaking authority of the Judiciary.

3. Appellate Jurisdiction Restrictions
Under Article VI, Section 30 of the 1987 Constitution, no law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence. In the Fabian ruling, the Supreme Court invalidated Section 27 of Republic Act No. 6770 insofar as it provided for direct appeals from administrative decisions of the Ombudsman to the Supreme Court. Consequently, administrative decisions of the Ombudsman must be appealed via petition for review to the Court of Appeals under Rule 43 of the Rules of Court.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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