QuestionsQuestions (OMBUDSMAN MEMORANDUM CIRCULAR NO. 01, S. 2006)
To require the immediate implementation of all Ombudsman decisions, orders, or resolutions in administrative disciplinary cases upon receipt by the concerned offices.
Section 7, Rule III of Administrative Order No. 07 (the Ombudsman Rules of Procedure), which states that a decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course.
Immediately upon receipt thereof by the respective offices concerned.
No. The filing of a motion for reconsideration does not operate to stay immediate implementation.
No. A petition for review does not operate to stay immediate implementation.
Only a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction duly issued by a court of competent jurisdiction.
A court of competent jurisdiction must duly issue the TRO or Writ of Preliminary Injunction.
The agency must implement the Ombudsman resolution immediately upon receipt, regardless of any pending motion for reconsideration or petition for review before the Ombudsman.
It means execution is automatic and expected, not discretionary, once the Ombudsman renders a decision in administrative cases.
The Circular enjoins all concerned to implement immediately; failure to do so would be contrary to the directive and may expose the office or officials to administrative and compliance issues.
Even if such pleadings are pending before the Ombudsman, implementation must still proceed immediately; the pending pleadings do not automatically halt execution.
A TRO or a Writ of Preliminary Injunction must be duly issued by a competent court.
Decisions, orders, or resolutions issued by the Office of the Ombudsman in administrative disciplinary cases.
It took effect immediately upon adoption/adherence to the circular’s immediate effect clause (adopted April 11, 2006).
It clarifies that only court-issued TROs or writs can stay execution; internal Ombudsman remedies like reconsideration or review do not suspend immediate implementation.