Professional Documents
Culture Documents
Estijara v. Ranada
Estijara v. Ranada
ESTARIJA
, petitioner, vs.
EDWARD F. RANADA and the Honorable OMBUDSMAN Aniano A. Desierto(now succeeded by
Hon. Simeon Marcelo), and his Deputy OMBUDSMAN forMindanao, Hon. Antonio E. Valenzuela
, respondents.June 26, 2006 | Quisumbing
FACTS:
The NBI caught Estarija in possession of the P5,000 marked money. Consequently, the
Ombudsman ordered his preventive suspension and filed acriminal case for violation of RA
3019 (Anti-Graft and Corrupt Practices Act).
Estarija filed a motion for reconsideration. (SUBSEQUENTLY DENIED)
He claimed that dismissal was unconstitutional since the Ombudsman didnot have direct
and immediate power to remove government officials,whether elective or appointive, who
are not removable by impeachment.
He maintains that under the 1987 Constitution, the Ombudsman’s administrative authority is
merely recommendatory and that RA 6770, otherwise known as “The Ombudsman Act of 1989,” is
unconstitutional because it gives the Office of the Ombudsman additional powers that
are not provided for in the Constitution.
ISSUES:
(1) Is there substantial evidence to hold petitioner liable for dishonesty and grave misconduct?
(2) Is the power of the Ombudsman to directly remove, suspend, demote, fine or censure erring
officials unconstitutional?
The Court is unconvinced by Estarija’s explanation of his conduct. He does not deny that he
went to the DPAI office to collect the money and that he actually received the money. Since
there was no pending transaction between the PPA and the DPAI, he had no reason to go to
the latter’s office to collect any money.
Even if he was authorized to assist in the collection of money due the agency, he should have
issued an official receipt for the transaction, but he did not do so.
Rep. Act No. 6770 provides for the functional and structural organization of the Office of the
Ombudsman.
In passing RA 6770, Congress deliberately endowed the Ombudsman with the power
to prosecute offenses committed by public officers and employees to make him a more
active and effective agent of the people in ensuring accountability in public office.