Jurisdiction
of
the
Supreme
Court>
<Fabian
v.
Desierto>
<Hinanay>
<G.R
No.
129742.>
<September
16,
1998>
<Regalado,
J.>
KEY
TAKE-AWAY
OR
DOCTRINE
TO
REMEMBER
Appellate
Jurisdiction
an
aggrieved
party
may
appeal
or
file
for
certiorari,
question
the
judgments
and
decrees
of
a
lower
court
before
the
Supreme
Court,
which
may
review,
revise,
reverse,
modify
or
affirm
the
same.
The
appellate
jurisdiction
of
the
Supreme
Court
is
irreducible
and
may
not
be
withdrawn
by
the
Congress.
The
appeals
allowed
are
from
the
final
judgements
and
decrees
only
of
lower
courts
or
judicial
tribunals.
Administrative
Decisions
are
not
included.
RECIT-READY
/
SUMMARY
Petitioner
has
appealed
to
the
court
by
certiorari
under
Rule
45
of
the
Rules
of
Court
from
the
Joint
Order
issued
by
public
respondents
which
granted
the
motion
for
reconsideration
of
and
absolved
private
respondents
from
administrative
chargers
for
grave
misconduct
committed
as
Assistant
Regional
Director,
Region
IV-A,
Department
of
Public
Works
and
Highways.
The
Court
ruled
that
Sec
27
of
RA
6770
is
invalid
because
it
expands
the
appellate
jurisdiction
of
the
Supreme
Court
which
is
against
Sec
30,
Art
VI
of
the
Constitution.
FACTS
Teresita
Fabian
(petitioner)
was
the
major
stockholder
president
of
PROMAT
Construction
Development
Corporation
which
was
engaged
in
the
construction
business.
Nestor
Agustin
(private
respondent)
was
the
incumbent
District
Engineering
District
(FMED)
when
he
allegedly
committed
the
offenses
for
which
he
was
administratively
charged
in
the
Office
of
the
Ombudsman.
PROMAT
participated
in
the
bidding
for
government
construction
project
including
those
under
FMED.
Agustin
reportedly
took
advantage
of
official
position
by
having
an
amorous
relationship
with
petitioner.
Agustin
gifted
PROMAT
with
public
works
contracts.
Petitioner
tried
to
terminate
their
relationship
later
which
private
respondent
refused
and
resisted
her
attempts
to
do
so
to
the
extent
of
employing
acts
of
harassment,
intimidation
and
threats.
This
led
to
petitioner
to
file
an
administrative
charge
against
private
respondent.
The
complaint
sought
the
dismissal
of
private
respondent
for
violation
of
Sec.
19,
RA
6770
(Ombudsman
Act
pf
1989)
and
Sec.
36
of
PD.
807
(Civil
Service
Degree)
with
a
prayer
for
his
preventive
suspension.
Jan
31,
1996:
Graft
Investigator
Eduardo
R.
Benitez
issued
a
resolution
finding
private
respondents
guilty
of
grave
misconduct
and
ordering
his
dismissal
from
the
service
with
forfeiture
of
all
benefits
under
the
law.
His
resolution
was
approved
by
Director
Napoleon
Baldrias
and
Assistant
Ombudsman
Abelardo
Aportadera
of
their
office.
Feb
26,
1996:
Ombudsman
approved
the
resolution
with
modifications,
finding
private
respondent
guilty
of
misconduct
and
meting
out
the
penalty
of
suspension
without
pay
for
one
year.
Private
respondent
moved
for
reconsideration
and
the
Ombudsman
discovered
that
private
respondents
counsel
had
been
his
classmate
and
close
associate.
Hence,
he
inhibited
himself.
The
case
was
transferred
to
respondent
Deputy
Ombudsman
Jesus
Guerrero,
who
challenged
the
Joint
Order
of
June
18,
1997
and
set
aside
the
Feb
26.
1997
Order
of
respondent
Ombudsman
and
exonerated
private
respondents
ISSUES
/
RATIO
ARTICLES/LAWS
INVOLVED
WON
Sec
27
RA
6770
is
valid
Sec
27
RA
6770
Sec
7
Rule
III
of
Administrative
Order
No
7
Art
XI,
1987
Constitution
Sec
30
Art
VI,
1987
Constitution
HELD
No.
It
is
invalid
because
it
illegally
expands
the
appellate
jurisdiction
of
the
Supreme
Court.
Sec
27
RA
6770
cannot
validly
authorize
an
appeal
to
the
Court
from
decisions
of
the
Office
of
the
Ombudsman
in
administrative
disciplinary
cases.
It
violates
the
proscription
in
Sec
30
Art
VI
of
the
Constitution
against
a
law
which
increases
the
appellate
jurisdiction
of
the
Supreme
Court.
Appeals
from
judgments
and
final
orders
of
quasi-judicial
agenciescan
be
brought
to
the
Court
of
Appeals
on
a
verified
petition
for
review
under
the
requirements
of
Rule
43
of
the
Rules
of
Court
which
was
formulated
and
adopted
to
provide
for
a
uniform
rule
of
appellate
procedure
for
quasi-judicial
agencies.
<Appellate
Jurisdiction
of
the
Supreme
Court>
<Fabian
v.
Desierto>
<Hinanay>
<G.R
No.
129742.>
<September
16,
1998>
<Regalado,
J.>
OPINION
(CONCURRING)
OPINION
(DISSENTING)