"Although respondent is no longer in the public service, having retired in 2016, the propriety of the Court of Appeals Decision, which lowered the offense she committed and the penalty meted, must be discussed. It must be determined if respondent is entitled to a reimbursement of salaries and emoluments not paid to her during her six-month suspension, as provided under Rule III, Section 7 of the Rules of Procedure of the Office of the Ombudsman, as amended.50 Section 7 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 appealed to the Court of Appeals on a verified petition for review under the requirements and conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days from receipt of the written Notice of the Decision or Order denying the motion for reconsideration.
An appeal shall not stop the decision from being executory. In case the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal.
A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. The Office of the Ombudsman shall ensure that the decision shall be strictly enforced and properly implemented. The refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine, or censure shall be a ground for disciplinary action against said officer. (Emphasis supplied)."
OFFICE OF THE DEPUTY OMBUDSMAN FOR MINDANAO, PETITIONER, V. ANTONIETA A. LLAUDER, RESPONDENT.
G.R. No. 219062, January 29, 2020.
