Petitioner
Agustina M. Enemecio
Respondent
Office of the Ombudsman
Citation
G.R. No. 146731
Court
Office of the Ombudsman (Visayas) to Court of Appeals (CA) to Supreme Court (SC)
Division
First Division
Ponente
Carpio, J.
Decided
January 13, 2004

Summary

Utility worker Enemecio filed administrative and criminal complaints against Professor Bernante for falsification of leave applications while imprisoned and other misconduct. After Ombudsman dismissed both complaints, Enemecio filed certiorari petition with Court of Appeals challenging criminal case dismissal. Court of Appeals dismissed petition as improper remedy. Supreme Court affirmed dismissal, ruling that administrative cases should be appealed via Rule 43 to Court of Appeals while criminal cases require certiorari to Supreme Court. Court found no grave abuse of discretion by Ombudsman and admonished petitioner's counsel for misleading conduct in misrepresenting which case was being challenged.

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By the Intellegal Editorial Board · January 13, 2004

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