Issuance of Temporary Restraining Orders and Writs of Preliminary Injunction against Decisions of the Ombudsman in Disciplinary Cases
The OCA Circular No. 221-2019 reminds judges of the Regional Trial Courts (RTCs) that they lack jurisdiction to issue temporary restraining orders or writs of preliminary injunction against decisions made by the Office of the Ombudsman in disciplinary cases. This directive is based on the principle of judicial stability, emphasizing that the RTC and the Ombudsman are co-equal bodies, with the latter's decisions appealable to the Court of Appeals. Past Supreme Court rulings reinforce this stance, highlighting that actions taken by administrative bodies are beyond the RTC's control. Judges are instructed to comply strictly with this guidance to maintain the integrity of judicial processes.
Law Information
- Reference Number
- OCA Circular No. 221-2019
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 5, 2019
OCA CIRCULAR NO. 221-2019
| TO | : | All Judges of the Regional Trial Courts |
| SUBJECT | : | Issuance of Temporary Restraining Orders and Writs of Preliminary Injunction against Decisions of the Ombudsman in Disciplinary Cases |
In view of persistent reports that various regional trial courts (RTC) issue temporary restraining orders and writs of preliminary injunction against decisions of the Office of the Ombudsman in disciplinary cases, which matter was also raised in the 21 November 2019 letter of Secretary Eduardo M. Año, Department of the Interior and Local Government, all judges are hereby REMINDED and ADVISED that pursuant to the doctrine of judicial stability or non-interference, the RTC has NO JURISDICTION to interfere with or restrain the execution of decisions of the Ombudsman in disciplinary cases.
In a number of cases, the Supreme Court admonished that "[w]here the decisions of certain administrative bodies are appealable to the Court of Appeals, these adjudicative bodies are co-equal with the Regional Trial Courts in terms of rank and stature; their actions are logically beyond the control of the RTC, a co-equal body. Notably, the decisions of the Ombudsman in disciplinary cases are appealable to the CA via a Petition for Review under Rule 43 of the Rules of Court. As a co-equal body, the RTC has no jurisdiction to interfere with or restrain the execution of the Ombudsman's decisions in disciplinary cases." 1
For strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Footnotes
1.Department of the Interior and Local Government v. Gatuz, G.R. No. 191176, 14 October 2015; Erice v. Judge Sison, A.M. No. RTJ-15-2407, 22 November 2017.
Cite This Law
Issuance of Temporary Restraining Orders and Writs of Preliminary Injunction against Decisions of the Ombudsman in Disciplinary Cases, OCA Circular No. 221-2019, Dec 5, 2019 (Philippines)
Issuance of Temporary Restraining Orders and Writs of Preliminary Injunction against Decisions of the Ombudsman in Disciplinary Cases, OCA Circular No. 221-2019 (Phil. 2019)
Related Laws
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