Immediate implementation requirement
- The Office of the Ombudsman directs that Ombudsman decisions, orders or resolutions in administrative disciplinary cases must be implemented immediately upon receipt by their respective offices.
- The Circular emphasizes that Section 7, Rule III of Administrative Order No. 07 provides that an Ombudsman decision in administrative cases shall be executed as a matter of course.
- The Circular requires strict observance of this execution principle through immediate implementation after receipt.
Effect of motions and petitions
- The filing of a motion for reconsideration before the Office of the Ombudsman does not operate to stay the immediate implementation of the Ombudsman decision, order or resolution.
- The filing of a petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the Ombudsman decision, order or resolution.
Court orders that can stay implementation
- A Temporary Restraining Order (TRO) issued by a court of competent jurisdiction stays the immediate implementation of the Ombudsman decision, order or resolution.
- A Writ of Preliminary Injunction issued by a court of competent jurisdiction stays the immediate implementation of the Ombudsman decision, order or resolution.
- The Circular limits the stay to only these two court remedies.
Effectivity and adoption
- The Circular states “This Circular takes effect immediately.”
- It is Adopted: 11 April 2006.
- It is signed by Ma. Merceditas Navarro-Gutierrez (Tanodbayan Ombudsman).
Link to Ombudsman Rules
- The Circular’s immediate execution mandate is grounded on Section 7, Rule III of Administrative Order No. 07, known as the Ombudsman Rules of Procedure.
- Administrative Order No. 07 establishes execution as a matter of course for Ombudsman decisions in administrative cases, and the Circular enforces immediate implementation to match that rule.