562 Phil. 502
CORONA, J.:
Ordinarily, this petition which was filed on October 19, 1999 should have been dismissed outright. In Fabian v. Desierto,[7] we ruled that appeals from the decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the Court of Appeals by way of a petition for review under the provisions of Rule 43 of the Rules of Court. Pursuant to this ruling, the Court promulgated its February 9, 1999 resolution in A.M. No. 99-2-02-SC:
2.4 The Interim General Manager shall be designated/appointed by the Administrator from within LWUA or within the [water district] locality whose qualifications shall at least be the same as that of Grade 20 LWUA employee. His compensation and other allowances shall be as determined by the [water district] Board of Directors.
In light of the decision in Fabian v. Ombudsman (G.R. No. 129742, 16 September 1998), any appeal by way of petition for review from a decision or final resolution or order of the Ombudsman in administrative cases, or special civil action relative to such decision, resolution or order filed with the Court after 15 March 1999 shall no longer be referred to the Court of Appeals, but must be forthwith DENIED or DISMISSED, respectively.Moreover, Section 7, Rule III of Administrative Order No. 07 also known as the Rules of Procedure of the Office of the Ombudsman provides:[8]
Sec. 7. Finality of Decision. – Where the respondent is absolved of the charge and in case of conviction where the penalty imposed is public censure or reprimand, suspension of not more than one month, or a fine not equivalent to one month salary, the decision shall be final and unappealable. (emphasis supplied)In Coronel v. Desierto,[9] however, this Court suspended the application of A.M. No. 99-2-02-SC on the following grounds:
Indeed, where as here, there is a strong showing that grave miscarriage of justice would result from the strict application of the [r]ules, we will not hesitate to relax the same in the interest of substantial justice. It bears stressing that the rules of procedure are merely tools designed to facilitate the attainment of justice. They were conceived and promulgated to effectively aid the court in the dispensation of justice. Courts are not slaves to or robots of technical rules, shorn of judicial discretion. In rendering justice, courts have always been, as they ought to be, conscientiously guided by the norm that on the balance, technicalities take a backseat against substantive rights, and not the other way around. Thus, if the application of the Rules would tend to frustrate rather than promote justice, it is always within our power to suspend the rules, or except a particular case from its operation. (emphasis supplied)In Herrera v. Bohol,[10] this Court stated that decisions of the Ombudsman in administrative cases imposing the penalty of public censure, reprimand, suspension of not more than one month or a fine equivalent to one month salary shall be final and unappealable. However, this rule is not without exception. In Republic v. Canastillo,[11] the Court declared that decisions of administrative agencies which are declared final and unappealable by law are still subject to judicial review if they fail the test of arbitrariness, or upon proof of gross abuse of discretion, fraud or error of law.
The correctness of the Court of Appeals’ dismissal of petitioner’s petition for review notwithstanding, this Court cannot write finis to the case at bar by the strict application of the rules of procedure governing appeals. For judicial cases do not come and go through the portals of a court of law by the mere mandate of technicalities.Here, there are circumstances which justify the suspension of A.M. No. 99-2-02-SC. In view of the decisions of the Court in several cases intimately related to this case, the suspension of petitioners for simple misconduct constitutes an error of law. Thus, in the interest of substantial justice, the Court is not precluded from exercising its power of judicial review.
After going over all the pleadings, evidence, and all other documents bearing on this case, this Court has resolved to spare the present petition from dismissal to which it should have been consigned as a matter of procedure.xxx xxx xxx
Suspension from public office is a serious incident that definitely blemishes a person’s record in government service. It is an injury to one’s reputation and honor which produces irreversible effects on one’s career and private life. If only to assure the judicial mind that no injustice is allowed to take place due to a blind adherence to rules of procedure, the dismissal on technicality of petitioner’s action, which is aimed at establishing not just her innocence but the truth, cannot stand. That the Ombudsman’s Memorandum Reviews may have attained finality due to petitioner’s belated appeal therefrom to the Court of Appeals does not preclude a modification or an alteration thereof, for if the execution of a decision becomes impossible or unjust, it may be modified or altered to harmonize it with justice and the facts.[13] (emphasis supplied)
Sec. 7. Finality and execution of decision. - Where the respondent is absolved of the charge, and in case of conviction where the penalty imposed is public censure or reprimand, suspension of not more than one month, or a fine not equivalent to one month salary, the decision shall be final, executory and unappealabe. In all other cases, the decision may be appealed to the Court of Appeals on a verified petition for review under the requirements and conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days from receipt of the written Notice of the Decision or Order denying the Motion for Reconsideration.[9] 448 Phil. 894 (2003).
An appeal shall not stop the decision from being executory. In case the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal.
A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. The Office of the Ombudsman shall ensure that the decision shall be strictly enforced and properly implemented. The refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine, or censure shall be a ground for disciplinary action against said officer.