Facts: Petitioners were employed at the Mountain Province Engineering District and Ifugao Engineering District of the DPWH. In connection with the purported public bidding held for the Bailey bridge components for use in Mainit, Mountain Province, they were charged with dishonesty, falsification of official documents, grave misconduct, gross neglect of duty, violation of office rules and regulations and conduct prejudicial to the best interest of the service. As a result, the Office of the Ombudsman dismissed petitioners from the government service.
Issue: Whether or not the SC has jurisdiction over appeals of administrative disciplinary decisions of the Office of the Ombudsman
Held: In Fabian v. Desierto (G.R. No. 129742, September 16, 1998), the Court held that appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43 of the 1997 Rules of Civil Procedure. In so holding, the Court en banc declared as unconstitutional Sec. 27 of RA 6770 or the Ombudsman Act of 1989, which provided that decisions of the Office of the Ombudsman may be appealed to the SC by way of a petition for review on certiorari under Rule 45 of the Rules of Court. Such provision was held violative of Sec. 30, Art. VI of the Constitution, as it expanded the jurisdiction of the SC without its advice and consent.
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