Ombudsman v. Andutan

Summary

This Supreme Court case addresses the jurisdictional limits of the Ombudsman's administrative disciplinary powers over former government officials. Andutan, a DOF Deputy Director, was forced to resign in July 1998 pursuant to an Executive Secretary memorandum. Over a year later, in September 1999, the Ombudsman filed administrative charges against him for acts allegedly committed while in office involving fraudulent Tax Credit Certificate transfers. The Court ruled that while Section 20(5) of R.A. 6770 is merely directory and does not create a prescriptive period, the Ombudsman lacks jurisdiction to initiate administrative proceedings against officials who have already resigned, distinguishing cases where officials resigned after charges were filed or to preempt imminent charges. The decision establishes important precedent on the temporal limits of administrative jurisdiction and confirms that criminal and civil remedies remain available under the threefold liability rule for acts committed while in government service.