G.R. NO. 159314 - EDGARDO V. ESTARIJA, VS. EDWARD F. RANADA AND THE HONORABLE OMBUDSMAN ANIANO A. DESIERTO (NOW SUCCEEDED BY HON. SIMEON MARCELO), AND HIS DEPUTY OMBUDSMAN FOR MINDANAO, HON. ANTONIO E. VALENZUELA.

Ruling

WHEREFORE, premises considered, there being substantial evidence, respondent EDGARDO V. ESTARIJA is hereby found guilty of Dishonesty and Grave Misconduct and is hereby DISMISSED from the service with forfeiture of all leave credits and retirement benefits, pursuant to Section 23(a) and (c) of Rule XIV, Book V, in relation to Section 9 of Rule XIV both of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 (Executive Order No. 292). He is disqualified from re-employment in the national and local governments, as well as in any government instrumentality or agency, including government owned or controlled corporations. This decision is immediately executory after it attains finality. Let a copy of this decision be entered in the personal records of respondent EDGARDO V. ESTARIJA. PPA Manager Manuel C. Albarracin is hereby directed to implement this Office Decision after it attains finality. SO DECREED. [9] Estarija seasonably filed a motion for reconsideration. [10] Estarija claimed that dismissal was unconstitutional since the Ombudsman did not 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 Republic Act No. 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. The Ombudsman denied the motion for reconsideration in an Order [11] dated October 31, 2000. Thus, Estarija filed a Petition for Review with urgent prayer for the issuance of a temporary restraining order and writ of preliminary prohibitory injunction before the Court of Appeals. The Court of Appeals, on February 12, 2003, dismissed the petition and affirmed the Ombudsman's decision. The Court of Appeals held that the attack on the constitutionality of Rep. Act No. 6770 was procedurally and substantially flawed. First, the constitutionality issue was belatedly raised in the motion for reconsideration of the decision of the Ombudsman. Second, the petitioner was unable to prove the constitutional breach and failed to overcome the presumption of constitutionality in favor of the questioned statute. The Court of Appeals affirmed the decision of the Ombudsman, holding that receiving extortion money constituted dishonesty and grave misconduct. According to the Court of Appeals, petitioner failed to refute the convincing evidence offered by the complainant. Petitioner presented affidavits executed by the high-ranking officials of various shipping agencies which were found by the Court of Appeals to be couched in general and loose terms, and according to the appellate court, could not be given more evidentiary weight than the sworn testimonies of complainant and other witnesses that were subjected to cross-examination. Petitioner filed a motio