Court Administrator Jose Midas Marquez said the circular was issued following persistent reports of alleged interference by the lower courts, which issued either a temporary restraining order (TRO) or preliminary injunction against the ombudsman’s decisions on disciplinary cases.
The STAR/Boy Santos
SC tells RTCs: Don’t meddle in ombudsman disciplinary cases
Robertzon Ramirez (The Philippine Star) - December 7, 2019 - 12:00am

MANILA, Philippines — The Supreme Court (SC) has reminded all regional trial courts, in a circular issued Thursday, not to interfere with the decisions on disciplinary cases being handed down by the Office of the Ombudsman as these do not fall under the mandate of the RTCs. 

Court Administrator Jose Midas Marquez said the circular was issued following persistent reports of alleged interference by the lower courts, which issued either a temporary restraining order (TRO) or preliminary injunction against the ombudsman’s decisions on disciplinary cases.

“All judges are hereby reminded and advised that pursuant to the doctrine of judicial stability or non-interference, the RTC has no jurisdiction to interfere with or restrain the execution of decisions of the ombudsman in disciplinary cases,” Marquez stressed.

The circular was posted on the SC’s official Twitter account (@SCPh_PIO). 

Marquez, however, said there are some disciplinary cases that can be brought before the Court of Appeals (CA), citing Rule 43 of the Rules of Court, which said that the CA can hear decisions on disciplinary cases being handed down by the ombudsman through a petition for review. 

Marquez has cited the Department of the Interior and Local Government case against barangay chairman Raul Gatuz in October 2015 when the RTC in Malolos, Bulacan issued a TRO against an ombudsman decision charging the chairman with dishonesty and suspending him for three months.

The SC has reversed and set aside the decision of the Malolos RTC as it “clearly erred in taking cognizance of the petition for declaratory relief and in restraining the execution of the ombudsman’s decision.” 

JOSE MIDAS MARQUEZ SUPREME COURT
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