Category Archives: Anti Graft and Corruption

A judge who fails his SALN is GUILTY of violation of Section 7, R.A. No. 3019 and Section 8, R.A. No. 6713

The Court also agrees with the OCA that respondent is guilty of violating Section 7 of R.A. No. 3019 and Section 8 of R.A. No. 6713. Section 7 of R.A. No. 3019 provides: Sec. 7. Statement of Assets and Liabilities. … Continue reading

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What will happen if public official failed to ascertain that his SALN was accomplished properly, accurately, and in more detail.

The last administrative charge against petitioner is that he failed to declare all his assets in the SALN, of which the Office of the Ombudsman and the Court of Appeals found petitioner guilty. The Court of Appeals made the following … Continue reading

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Failure to disclose his wife’s business interests and financial connections constituted simple negligence, not gross misconduct or dishonesty?

After threshing out the other issues, this Court found that Pleyto’s failure to disclose his wife’s business interests and financial connections constituted simple negligence, not gross misconduct or dishonesty.  Thus:          Neither can petitioner’s failure to answer the question, “Do … Continue reading

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Non-disclosure of the bank deposits in one’s SALN constitutes dishonesty?

The pivotal issue in this case, however, is whether or not Racho’s non-disclosure of the bank deposits in his SALN constitutes dishonesty. The Court views it in the affirmative.           Section 7 and Section 8 of Republic Act (R.A.) 3019[38] … Continue reading

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Neither prior notice nor a hearing is required for the issuance of a preventive suspension order by the Ombudsman.

As early as 1995, this Court ruled in Lastimosa v. Vasquez[14] and Hagad v. Gozo-Dadole,[15]  that neither prior notice nor a hearing is required for the issuance of a preventive suspension order. The well-settled doctrine is solidly anchored on the explicit text of the … Continue reading

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Is the Ombudsman’s power in administrative cases limited to the recommendation of the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee found to be at fault? Accordingly, it has the power to impose the penalty of suspension

Citing Tapiador v. Office of the Ombudsman,[25] the CA declared that the Ombudsman’s power in administrative cases is limited to the recommendation of the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee found to be at fault; … Continue reading

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Power of the Ombudsman Includes The Power To Preventively Suspend An Official Subject To Its Administrative Investigation

The creation of the Office of the Ombudsman is a unique feature of the 1987 Constitution.[17]  The Ombudsman and his deputies, as protectors of the people, are mandated to act promptly on complaints filed in any form or manner against … Continue reading

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