G.R. No. 198583 - ARLYN ALMARIO-TEMPLONUEVO, VS. OFFICE OF THE OMBUDSMAN, THE HONORABLE SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT AND CHITO M. OYARDO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is hereby respectfully recommended that ARLYN ALMARIO-TEMPLONUEVO be adjudged guilty of violation of simple misconduct and is hereby imposed a penalty of one (1) month suspension from office without pay pursuant to Section 7 Rule III of the Administrative Order No. 07 as amended by Administrative Order No. 17 in relation to Republic Act No. 6770. The Honorable Secretary Ronaldo V. Puno, Department of Interior and Local Government, is hereby directed to implement this DECISION immediately upon receipt thereof pursuant to Section 7, Rule III of Administrative Order No. 07, as amended by Administrative Order No. 17 (Ombudsman Rules of Procedure) in relation to Memorandum Circular No. 1, Series of 2006 dated 11 April 2006 and to promptly inform this office of the action taken hereon. SO DECIDED. [4] At the time Templonuevo received her copy of the January 6, 2010 Decision on September 27, 2010, her term as Sangguniang Bayan Member had expired. She, however, was elected as Vice Mayor of the same municipality. Without filing a motion for reconsideration, Templonuevo directly filed before the CA an original petition for certiorari and prohibition under Rule 65 of the Rules of Court. She claimed that the Ombudsman acted with grave abuse of discretion in ordering her suspension at a time when her term of office as Sangguniang Bayan Member had already expired and she had been elected as Vice Mayor in the May 2010 elections. In its February 17, 2011 Resolution, [5] the CA dismissed outright the petition on the ground of Templonuevo's failure to file a motion for reconsideration. According to the CA, the remedy of certiorari will not lie if other plain and speedy remedies in the ordinary course of law such as a motion for reconsideration are available, which, in this case, was not sought after by Templonuevo. Templonuevo moved for reconsideration, but her motion was denied by the CA in its September 8, 2011 Resolution. Aggrieved, Templonuevo elevated the case to this Court via Rule 45 of the Rules of Court. Hence, this petition. Templonuevo asserts that the CA decided questions of substance contrary to law and the applicable decisions of this Court when her petition was dismissed outright on the ground of failure to file a motion for reconsideration. She claims that there was no need to file for reconsideration considering that the Ombudsman's decision has become final, executory and unappealable. She cites, as support, Section 7, Rule III of Administrative Order No. 07, otherwise known as the Rules of Procedure of the Ombudsman, as amended by A.O. No. 17, which provides: Section 7. Finality and execution of decision. - Where the respondent is absolved of the charge, and in case of conviction where the penalty imposed is public censure or reprimand, suspension of not more than one month, or a fine equivalent to one month salary, the decision shall be final, executory and unappealable. In all other cases, the decision may be