G. R. No. 124295 - October 23, 2001
JUDGE RENATO A. FUENTES, Petitioner, v. OFFICE OF THE OMBUDSMAN-MINDANAO, GRAFT INVESTIGATION OFFICER II, MARIVIC A. TRABAJO-DARAY, ANTONIO E. VALENZUELA in his capacity as the Director for Fact Finding and Intelligence of the Office of the Deputy Ombudsman for Mindanao, and MARGARITO P. GERVACIO, JR., in his capacity as Deputy Ombudsman for Mindanao, Respondents.
The case is a petition1 for certiorari assailing the propriety of the Ombudsman's action investigating petitioner for violation of Republic Act No. 3019, Section 3(e).2
On August 23, 1995, we promulgated a decision in Administrative Matter No. RTJ-94-1270.3 The antecedent facts are as follows:
Thus, Bacquial succeeded in hauling off the scrap iron/junk equipment in the depot, including the repairable equipment within the DPWH depot. He hauled equipment from the depot for five successive days until the lower court issued another order temporarily suspending the writ of execution it earlier issued in the expropriation case and directing Bacquial not to implement the writ.5
However, on June 21, 1994, the lower court issued another order upholding the validity of the writ of execution issued in favor of the defendants in Special Civil Case No. 22, 052-93.6
On the basis of letters from Congressman Manuel M. Garcia of the Second District of Davao City and Engineer Ramon A. Alejo, the Court Administrator, Supreme Court directed Judge Renato A. Fuentes and Sheriff Norberto Paralisan to comment on the report recommending the filing of an administrative case against the sheriff and other persons responsible for the anomalous implementation of the writ of execution. Also, on September 21, 1994, the Department of Public Works and Highways, through the Solicitor General, filed an administrative complaint against Sheriff Norberto Paralisan for conduct prejudicial to the best interest of the service, in violation of Article IX, Section 36 (b) of P. D. No. 807.7
After considering the foregoing facts, on August 23, 1995, the Supreme Court promulgated a decision, the dispositive portion of which states:
On January 15, 1996, Director Antonio E. Valenzuela (hereafter, Valenzuela) of the Office of the Ombudsman-Mindanao recommended that petitioner Judge Renato A. Fuentes be charged before the Sandiganbayan with violation of Republic Act No. 3019, Section 3 (e) and likewise be administratively charged before the Supreme Court with acts unbecoming of a judge.9
On January 22, 1996, Director Valenzuela filed with the Office of the Deputy Ombudsman for Mindanao a criminal complaint10 charging Judge Rentao A. Fuentes with violation of Republic Act No. 3019, Section 3 (e).
On February 6, 1996, the Office of the Ombudsman-Mindanao through Graft Investigation Officer II Marivic A. Trabajo-Daray issued an order directing petitioner to submit his counter-affidavit within ten days.11
On February 22, 1996, petitioner filed with the Office of the Ombudsman-Mindanao a motion to dismiss complaint and/or manifestation to forward all records to the Supreme Court.12
On March 15, 1996, Graft Investigation Officer Marivic A. Trabajo-Daray denied the motion of petitioner.13
Hence, this petition.14
The issue is whether the Ombudsman may conduct an investigation of acts of a judge in the exercise of his official functions alleged to be in violation of the Anti-Graft and Corrupt Practices Act, in the absence of an administrative charge for the same acts before the Supreme Court.
Petitioner alleged that the respondent Ombudsman-Mindanao committed a grave abuse of discretion amounting to lack or excess of jurisdiction when he initiated a criminal complaint against petitioner for violation of R.A. No. 3019, Section 3 [e]. And he conducted an investigation of said complaint against petitioner. Thus, he encroached on the power of the Supreme Court of administrative supervision over all courts and its personnel.
The Solicitor General submitted that the Ombudsman may conduct an investigation because the Supreme Court is not in possession of any record which would verify the propriety of the issuance of the questioned order and writ. Moreover, the Court Administrator has not filed any administrative case against petitioner judge that would pose similar issues on the present inquiry of the Ombudsman-Mindanao.
We grant the petition.
Republic Act No. 6770, otherwise known as the Ombudsman Act of 1989, provides:
Thus, the Ombudsman may not initiate or investigate a criminal or administrative complaint before his office against petitioner judge, pursuant to his power to investigate public officers. The Ombudsman must indorse the case to the Supreme Court, for appropriate action.
Article VIII, Section 6 of the Constitution exclusively vests in the Supreme Court administrative supervision over all courts and court personnel, from the Presiding Justice of the Court of Appeals to the lowest municipal trial court clerk.17
Hence, it is the Supreme Court that is tasked to oversee the judges and court personnel and take the proper administrative action against them if they commit any violation of the laws of the land. No other branch of government may intrude into this power, without running afoul of the independence of the judiciary and the doctrine of separation of powers.18
Petitioner's questioned order directing the attachment of government property and issuing a writ of execution were done in relation to his office, well within his official functions. The order may be erroneous or void for lack or excess of jurisdiction. However, whether or not such order of execution was valid under the given circumstances, must be inquired into in the course of the judicial action only by the Supreme Court that is tasked to supervise the courts. "No other entity or official of the Government, not the prosecution or investigation service of any other branch, not any functionary thereof, has competence to review a judicial order or decision--whether final and executory or not--and pronounce it erroneous so as to lay the basis for a criminal or administrative complaint for rendering an unjust judgment or order. That prerogative belongs to the courts alone."19
WHEREFORE, the petition is GRANTED. The Ombudsman is directed to dismiss the case and refer the complaint against petitioner Judge Renato A. Fuentes to the Supreme Court for appropriate action.
Davide, Jr., CJ., Bellosillo, Melo, Puno, Kapunan, Mendoza, Panganiban, Quisumbing, Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur.
Search for www.chanrobles.com
|Copyright © ChanRoblesPublishing Company| Disclaimer | E-mailRestrictions|
ChanRobles™Virtual Law Library ™ | chanrobles.com™