Case Digest (G.R. No. 172700)
Facts:
Office of the Ombudsman v. Rolson Rodriguez, G.R. No. 172700, July 23, 2010, Supreme Court Second Division, Carpio, J., writing for the Court. The petitioner is the Office of the Ombudsman; the respondent is Rolson Rodriguez, punong barangay of Brgy. Sto. Rosario, Binalbagan, Negros Occidental.On 26 August 2003 a complaint was filed with the Ombudsman (Visayas) alleging abuse of authority, dishonesty, oppression, misconduct in office and neglect of duty against Rodriguez; a similar complaint was filed with the sangguniang bayan of Binalbagan on 1 September 2003. The municipal vice-mayor (acting as hearing officer) served a notice on Rodriguez on 8 September 2003 requiring an answer; the Ombudsman served its notice on 10 September 2003. Rodriguez moved to dismiss the sangguniang bayan complaint and later moved to dismiss the Ombudsman complaint for litis pendentia and forum shopping, contending the sangguniang bayan had first acquired jurisdiction.
Procedurally, the sangguniang bayan set hearings and then, after complainants sought to withdraw their complaint before it so they could prioritize proceedings at the Ombudsman, the vice-mayor dismissed the sangguniang bayan case on 4 November 2003. The Ombudsman, after ordering verified position papers and deeming a motion to dismiss an unauthorized pleading under Administrative Order No. 17, proceeded with investigation and, in a 21 September 2004 Decision, found Rodriguez guilty of dishonesty and oppression and imposed dismissal from service with ancillary penalties. The Ombudsman denied Rodriguez’s motion for reconsideration on 12 January 2005 and directed implementation of the penalty on 8 March 2005.
Rodriguez filed a petition for review in the Court of Appeals (CA-G.R. SP No. 00528) seeking a temporary restraining order. In an 8 May 2006 decision, the Court of Appeals set aside the Ombudsman’s decision for lack of jurisdiction, reasoning that the sangguniang bayan had first acquired jurisdiction over...(Pro-only)
Issues:
- Did the complainants violate the rule against forum shopping by filing identical complaints with both the Ombudsman and the sangguniang bayan?
- Which body — the sangguniang bayan or the Ombudsman — first acquired jurisdiction over the complain...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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