RTC told to stop issuing TRO, injunction on Ombudsman rulings in disciplinary cases
The Office of the Court Administrator on Thursday issued a circular reminding regional trial court judges to refrain from issuing temporary restraining orders and writs of preliminary injunction against decisions of the Office of the Ombudsman in disciplinary cases involving public officials.
Signed by Court Administrator Jose Midas Marquez, Circular No. 221-2019 stressed regional trial courts have no jurisdiction to interfere with or restrain the execution of decisions of the Ombudsman in disciplinary cases.
“In number of cases, the Supreme Court admonished that ‘where the decisions of certain administrative bodies are appealable to the Court of Appeals, these adjudicative bodies are co-equal with the Regional Trial Courts in terms of rank and stature; their actions are logically beyond the control of the RTC, a co-equal body. ”
” Notably, the decisions of the Ombudsman in disciplinary cases are appealable to the CA via a Petition for Review under Rule 43 of the Rules of Court. As a co-equal body, the RTC has no jurisdiction to interfere with or restrain the execution of the Ombudsman’s decision in disciplinary cases, ” the circular read.