590 Phil. 762
CARPIO MORALES, J.:
By the now assailed Decision of June 29, 2006, the appellate court annulled petitioner's July 19, 2004 Decision, as modified, in the administrative case and dismissed the complaint on the sole ground that petitioner has no jurisdiction over it. It held that although respondent raised the issue of jurisdiction only after petitioner rendered an adverse decision, "the rule on estoppel will not apply against [Medrano]" because such jurisdictional issue was raised "when the case was still before the Ombudsman."[16] It thus found no need to address the other issues raised by respondent.I
. . . assumed jurisdiction over the administrative case against petitioner, although under R.A. 4670, otherwise known as the Magna Carta for Public School Teachers, only the appropriate committee of the Department of Education has exclusive jurisdiction to hear and try administrative complaints against public school teachers.II
. . . denied him his right to present before the Graft Investigation Officer the text messages sent by complainant which would have established the fact that the sexual harassment charge did not actually happen. x x xIII
. . . totally ignored his overwhelming evidence positively establishing his presence in another place at the time the alleged acts of sexual harassment were committed against complainant.IV
. . . found him guilty of sexual harassment and imposed upon him the penalty of one (1) year suspension from the service.[15] (Underscoring supplied)
Petitioner opposes respondent's move, contending that Ma. Ruby's Affidavit of Desistance and the dismissal of the criminal case do not constitute legal bases for dismissing the present petition and the administrative complaint.
- That in retrospect and after an objective and sincere review of the events that led to the filing of the instant cases [referring to the criminal and administrative cases], I am now fully enlightened that said incident was just a product of mistake of fact and clear misunderstanding between me and the accused/respondent, who after all, was not actually criminally nor immorally motivated to do any form of offense/harm to my person. Thus, I am now retracting everything I said against the accused/respondent in my letter-complaint with the Office of the Ombudsman dated May 13, 2003, which became the basis for the filing of the criminal and administrative cases against him;
- That x x x, I am no longer interested in pursuing the criminal and administrative cases I filed against Mr. Victorio N. Medrano, and is now requesting the Honorable Court [referring to the trial court in the criminal case], the Office of the Ombudsman or the Honorable Supreme Court with whom the administrative case is pending, to dismiss the said cases. (Underscoring supplied)
Significantly, there are three kinds of remedies available against a public officer for impropriety in the performance of his powers and the discharge of his duties: (1) civil, (2) criminal, and (3) administrative. These remedies may be invoked separately, alternately, simultaneously or successively. Sometimes, the same offense may be the subject of all three kinds of remedies.At any rate, an affidavit of desistance (or recantation) is, as a rule, viewed with suspicion and reservation because it can easily be secured from a poor and ignorant witness, usually through intimidation or for monetary consideration.[25] And there is always the probability that it would later be repudiated, and criminal prosecution would thus be interminable.[26] Hence, such desistance, by itself, is not usually a ground for the dismissal of an action once it has been instituted in court.[27]
Defeat of any of the three remedies will not necessarily preclude resort to other remedies or affect decisions reached thereat, as different degrees of evidence are required in these several actions. In criminal cases, proof beyond reasonable doubt is needed, whereas a mere preponderance of evidence will suffice in civil cases. In administrative cases, only substantial evidence is required.
It is clear, then, that criminal and administrative cases are distinct from each other. The settled rule is that criminal and civil cases are altogether different from administrative matters, such that the first two will not inevitably govern or affect the third and vice versa. Verily, administrative cases may proceed independently of the criminal proceedings. (Underscoring supplied)
Sec. 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.The above enumeration of the Ombudsman's far-reaching powers is not exclusive as the framers of the Constitution gave Congress the leeway to prescribe, by subsequent legislation, additional powers, functions or duties to the Ombudsman, as mandated in Section 13(8), quoted above.
Sec. 13. The Office of the Ombudsman shall have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient;
(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;
(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith;
(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action;
(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence;
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency; and
(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. (Underscoring supplied)
SEC. 19. Administrative Complaints.- The Ombudsman shall act on all complaints relating, but not limited, to acts or omissions which:Its mandate is not only to "act promptly on complaints" against such public officers or employees, but also to "enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people."[30]
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency's functions, though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
SEC. 21. Officials Subject to Disciplinary Authority; Exceptions.- The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress and the Judiciary.The above constitutional and statutory provisions taken together reveal the manifest intent of the lawmakers to bestow upon the petitioner full administrative disciplinary power over public officials and employees except those impeachable officials, Members of Congress and of the Judiciary.
SEC. 22. Investigatory Power.- The Office of the Ombudsman shall have the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.
In all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his Deputies shall have jurisdiction to include such private person in the investigation and proceed against such private person as the evidence may warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabilities. (Underscoring supplied)
SEC. 9. Administrative Charges. - Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding Schools Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teachers' organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from termination of the hearings; Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education. (Underscoring supplied)In Fabella v. Court of Appeals,[31] the Court held:
The legislature enacted a special law, RA 4670 known as the Magna Carta for Public School Teachers, which specifically covers administrative proceedings involving public schoolteachers. Section 9 of said law expressly provides that the committee to hear public schoolteachers' administrative cases should be composed of the school superintendent of the division as chairman, a representative of the local or any existing provincial or national teachers' organization, and a supervisor of the division. x x x.Significantly, The Ombudsman Act of 1989 recognizes the existence of some "proper disciplinary authorit[ies]," such as the investigating committee of the DepEd mentioned in Section 9 of the Magna Carta for Public School Teachers. Thus, Section 23 of The Ombudsman Act of 1989 directs that the petitioner "may refer certain complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against erring public officers or employees."[32]
x x x x
The aforementioned Section 9 of RA 4670, therefore, reflects the legislative intent to impose a standard and a separate set of procedural requirements in connection with administrative proceedings involving public schoolteachers. x x x. (Emphasis and underscoring supplied)
SEC 2. Title - Definition.- This Act shall x x x apply to all public school teachers except those in the professorial staff of state colleges and universities.Thus, the administrative complaint against respondent should have been referred by petitioner to the proper committee of the DepEd for the institution of appropriate administrative proceedings, in light of Section 23 of The Ombudsman Act of 1989.
As used in this Act, the term `teacher' shall mean all persons engaged in the classroom, in any level of instruction; on full time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. (Underscoring supplied)
Respondent Jovencio D. Villar is the School Principal of Lanao National High School, Pilar, Cebu City. In February 1998, x x x, teachers of Lanao National High School, x x x, filed with the Office of the Ombudsman an administrative complaint against respondent for dishonesty.The ruling by the Court of Appeals that estoppel will not apply against respondent because he raised the issue of jurisdiction "when the case was still before the Ombudsman"[37] is thus bereft of merit.
x x x x
On June 22, 1999, the Office of the Ombudsman issued a resolution finding respondent guilty of dishonesty and dismissing him from the service. x x x.
On appeal, the Court of Appeals nullified and set aside the decision of the Office of the Ombudsman on the ground that the latter was without jurisdiction over the administrative complaints against public school teachers. It ruled that the governing law is Republic Act No. 4670, otherwise known as the Magna Carta for Public School Teachers, and not Republic Act No. 6770, the Ombudsman Act of 1989. x x x.
x x x x
x x x, in Fabella v. Court of Appeals, it was ruled that R.A. No. 4670, the Magna Carta for Public School Teachers, specifically covers and governs administrative proceedings involving public school teachers. x x x.
x x x x
The foregoing notwithstanding, the Court of Appeals erred when it nullified the proceedings before the Office of the Ombudsman. x x x. In Emin v. De Leon, a public school teacher was administratively charged with and found guilty of dishonesty under P.D. No. 807 (Civil Service Law). The Supreme Court ruled that R.A. No. 4670, the Magna Carta for Public School Teachers, is the applicable law and that the Civil Service Commission does not have jurisdiction over the administrative case. Nevertheless, the Court affirmed the dismissal from the service of the public school teacher as the latter was found to have been sufficiently afforded due process. x x x. Thus -However, at this late hour, the proceedings conducted by the public respondent CSC can no longer be nullified on procedural grounds. Under the principle of estoppel by laches, petitioner is now barred from impugning the CSC's jurisdiction over his case.In the same vein, respondent in the case should be barred under the principle of estoppel by laches from assailing the jurisdiction of the Ombudsman. Therefore, the Court of Appeals should have resolved the appeal on its merits, x x x. (Emphasis and underscoring supplied)
x x x x
As held previously, participation by parties in the administrative proceedings without raising any objection thereto bars them from raising any jurisdictional infirmity after an adverse decision is rendered against them. x x x. Notably, in his Counter-Affidavit, petitioner himself invoked the jurisdiction of the Civil Service Commission by x x x further praying for `any remedy or judgment which under the premises are just and equitable.' It is an undesirable practice of a party participating in the proceedings, submitting his case for decision and accepting the judgment only if favorable, but attacking it for lack of jurisdiction when adverse.
x x x x
"WHEREFORE, PREMISES CONSIDERED, it most respectfully recommended that the proposed Joint Order dated 08 April 2005 insofar as the recommendation in the criminal aspect is concerned be APPROVED. On the other hand, the recommendation with respect to the administrative case be DISAPPROVED. Respondent Victorio N. Medrano is hereby found guilty of SEXUAL HARASSMENT under Republic Act No. 7877 and hereby meted the penalty of ONE (1) YEAR SUSPENSION FROM OFFICE WITHOUT PAY." (Id. at 198-200).[14] Id. at 2-24.
"(2) At its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against erring public officers or employees, x x x.[33] CA rollo, p. 49.
x x x x." (Underscoring supplied)