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LAW 1106 - Statutory Construction - JD 57. G.R. No. 106719 - Buenaseda vs. Flavier - 09.21.1993 - Case Digest 1

This case discusses whether the Ombudsman has the power to suspend government officials pending an investigation of administrative complaints filed against them. The petitioners sought to nullify the Ombudsman's order suspending them. The Solicitor General commented that the Ombudsman only has the power to recommend suspension and not directly suspend. However, the Supreme Court ultimately held that the Ombudsman does have the power to preventively suspend officials to aid in investigating administrative charges, as long as due process requirements are followed. The petition was dismissed and the status quo order lifted.

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77 views1 page

LAW 1106 - Statutory Construction - JD 57. G.R. No. 106719 - Buenaseda vs. Flavier - 09.21.1993 - Case Digest 1

This case discusses whether the Ombudsman has the power to suspend government officials pending an investigation of administrative complaints filed against them. The petitioners sought to nullify the Ombudsman's order suspending them. The Solicitor General commented that the Ombudsman only has the power to recommend suspension and not directly suspend. However, the Supreme Court ultimately held that the Ombudsman does have the power to preventively suspend officials to aid in investigating administrative charges, as long as due process requirements are followed. The petition was dismissed and the status quo order lifted.

Uploaded by

JOHN KENNETH CONTRERAS
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dra. Brigida Buenaseda et. al. vs. Sec. Juan Flavier et. al.

[G.R. No. 106719. September 21, 1993]

Ponente: QUIASON, J.

FACTS:

The petition for Certiorari, Prohibition and Mandamus, with Prayer for Preliminary Injunction or
Temporary Restraining Order, under Rule 65 of the Revised Rules of Court, seeks to nullify the Order
of the Ombudsman directing the preventive suspension of petitioners Dr. Brigida S. Buenaseda et.al.
The questioned order was issued in connection with the administrative complaint filed with the
Ombudsman (OBM-ADM-0-91-0151) by the private respondents against the petitioners for violation
of the Anti-Graft and Corrupt Practices Act. The Supreme Court required respondent Secretary to
comply with the aforestated status quo order. The Solicitor General, in his comment, stated that (a)
“The authority of the Ombudsman is only to recommend suspension and he has no direct power to
suspend;” and (b) “Assuming the Ombudsman has the power to directly suspend a government
official or employee, there are conditions required by law for the exercise of such powers; [and] said
conditions have not been met in the instant case”

ISSUE:

Whether or not the Ombudsman has the power to suspend government officials and employees
working in offices other than the Office of the Ombudsman, pending the investigation of the
administrative complaints filed against said officials and employees.

HELD:

YES. Petition was dismissed, status quo lifted and set aside.

RATIO:

When the constitution vested on the Ombudsman the power “to recommend the suspension” of a
public official or employees (Sec. 13 [3]), it referred to “suspension,” as a punitive measure. All the
words associated with the word “suspension” in said provision referred to penalties in administrative
cases, e.g. removal, demotion, fine, censure. Under the rule of noscitur a sociis, the word
“suspension” should be given the same sense as the other words with which it is associated. Where a
particular word is equally susceptible of various meanings, its correct construction may be made
specific by considering the company of terms in which it is found or with which it is associated.

Section 24 of R.A. No. 6770, which grants the Ombudsman the power to preventively suspend public
officials and employees facing administrative charges before him, is a procedural, not a penal statute.
The preventive suspension is imposed after compliance with the requisites therein set forth, as an aid
in the investigation of the administrative charges.

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