Immediate Implementation of Decisions, Orders or Resolutions Issued by the Office of the Ombudsman in Administrative Disciplinary Cases

May 22, 2006 BLGF MEMORANDUM CIRCULAR NO. 005-06 TO : All Bureau Officials and Personnel; Regional Directors for Local Government Finance; District Treasurers of Metropolitan Manila; Provincial, City and Municipal Treasurers; and Others concerned SUBJECT : Immediate Implementation of Decisions, Orders or Resolutions Issued by the Office of the Ombudsman in Administrative Disciplinary Cases Enclosed herewith is a xerox copy of Memorandum Circular No. 01, series of 2006 of the Office of the Ombudsman on the immediate implementation of decisions, orders or resolutions issued by said Office pursuant to Section 7, Rule III of Administrative Order No. 07, otherwise known as the "Ombudsman Rules of Procedure", which provides that "A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course." ACTIHa As stated, in order that the foregoing rule may be strictly observed, all concerned are hereby enjoined to implement all Ombudsman decisions, orders or resolutions in administrative disciplinary cases, immediately upon receipt thereof by their respective offices. On this score, it is worth reminding that the filing of a motion for reconsideration or a petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the foregoing Ombudsman decisions, orders or resolutions. Only a Temporary Restraining Order (TRO) or Writ of Preliminary Injunction issued by a court of competent jurisdiction stays the immediate implementation of the said Ombudsman decisions, orders or resolutions. This Circular takes effect immediately. The Provincial Treasurers and District Treasurers of Metropolitan Manila are hereby instructed to disseminate this Memorandum Circular to all City and Municipal Treasurers within their respective jurisdictions. HATEDC (SGD.) MA. PRESENTACION R. MONTESA Executive Director ATTACHMENT Republic of the Philippines OFFICE OF THE OMBUDSMAN Ombudsman Building, Agham Road, Government Center, North Triangle Diliman, 1123 Quezon City MEMORANDUM CIRCULAR NO. 01 Series of 2006 TO : ALL HEADS OF DEPARTMENTS, OFFICES, BUREAUS AND AGENCIES OF THE NATIONAL AND LOCAL GOVERNMENTS, INCLUDING GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS RE : IMMEDIATE IMPLEMENTATION OF DECISIONS, ORDERS OR RESOLUTIONS ISSUED BY THE OFFICE OF THE OMBUDSMAN IN ADMINISTRATIVE DISCIPLINARY CASES Section 7 Rule III of Administrative Order No. 07, otherwise known as, the "Ombudsman Rules of Procedure" provides that: "A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course". In order that the foregoing rule may be strictly observed, all concerned are hereby enjoined to implement all Ombudsman decisions, orders or resolutions in administrative disciplinary cases, immediately upon receipt thereof by their respective offices. ADHCSE The filing of a motion for reconsideration or a petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the foregoing Ombudsman decisions, orders or resolutions. Only a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction, duly issued by a court of a competent jurisdiction, stays the immediate implementation of the said Ombudsman decisions, orders or resolutions. This circular takes effect immediately. SEIDAC 11 April 2006. (SGD.) MA. MERCEDITAS NAVARRO-GUTIERREZ Tanodbayan (Ombudsman)