Title
Office of the Ombudsman vs. Alano
Case
G.R. No. 149102
Decision Date
Feb 15, 2007
Train engineer exonerated in fatal 1996 collision; Ombudsman’s initial ruling deemed final, unappealable, barring later suspension. Supreme Court upheld exoneration.

Case Summary (G.R. No. L-6195)

Facts of the Case

On August 22, 1996, respondent Johnny Alano was operating a train on the Philippine National Railways (PNR) when the train collided with a school bus crossing the railroad track at the Magallanes Interchange. The incident resulted in the death of Aaron John L. Zarate, along with injuries to other passengers. Following the accident, Atty. Jeffrey-John L. Zarate filed a complaint against PNR officers, alleging gross neglect of duty. This prompted the Office of the Ombudsman to initiate an investigation.

Ombudsman Investigation and Initial Findings

The Ombudsman’s Fact-Finding and Intelligence Bureau (FFIB) conducted an investigation, leading to an administrative complaint against Alano and other PNR officials for their alleged negligence. However, in a Resolution dated August 14, 1998, the Ombudsman found no negligence on their part, attributing the accident to the bus driver's negligence. The complaint was dismissed, and the finding was deemed conclusive.

Reconsideration and Modification of Decision

Atty. Zarate filed a motion for reconsideration, which the Ombudsman partially granted. On March 17, 1999, the Ombudsman modified the initial resolution, concluding that while the bus driver was negligent, Alano failed to stop the train after the accident to assist the victims, thus constituting misconduct. Consequently, Alano was suspended for six months without pay.

Judicial Appeal

Alano filed a petition for review in the Court of Appeals under Rule 43 of the 1997 Rules of Civil Procedure. The appellate court, in its Decision dated April 30, 2001, annulled the Ombudsman’s orders, citing that the original resolution of August 14, 1998, was final and unappealable, thereby reinstating Alano’s exoneration.

Issues Presented in Supreme Court

The Office of the Ombudsman appealed to the Supreme Court, arguing that the Court of Appeals erred in ruling that the Ombudsman's earlier resolution was unmodifiable. Conversely, Alano contended that the appeal should be dismissed as meritless, emphasizing the finality of the administrative resolution exonerating him.

Constitutional and Statutory Basis

The Supreme Court examined the constitutional provisions of Article XI, Section 13(8) of the 1987 Constitution, which grants the Ombudsman the power to promulgate rules and procedures. It analyzed Administrative Order No. 07, specifical

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