FACTS:

Erlinda F. Santos, a government nurse at the Tondo Medical Center, was the subject of an administrative complaint filed by Ma. Carest A. Rasalan, also a government nurse at the same institution. The complaint alleged grave misconduct and conduct unbecoming of a public official, citing the spreading of untruthful and malicious statements against Rasalan. Santos filed a motion to dismiss the administrative complaint, but it was denied by the Office of the Ombudsman, which subsequently found Santos guilty and imposed a seven-month suspension without pay. Santos' motion for reconsideration was also denied. The Court of Appeals affirmed the Ombudsman's decision. Santos then filed a petition, asserting lack of jurisdiction and failure to prove the charge against her. However, the petition was denied for lack of merit. The Ombudsman's authority to act on the administrative complaint is rooted in the Constitution and the Ombudsman Act of 1989.

ISSUES:

1. Whether or not the Office of the Ombudsman has jurisdiction over the administrative complaint filed by respondent against petitioner.

2. Whether or not the facts establish the charge of grave misconduct and conduct unbecoming of a public official against petitioner.

RULING:

1. The petition is denied for lack of merit. The Office of the Ombudsman has jurisdiction over the administrative complaint filed by respondent against petitioner. The authority of the Ombudsman to act on the complaint is provided for in Section 13(1), Article XI of the 1987 Constitution and Section 19 of Republic Act No. 6770. The facts of the case establish the charge of grave misconduct and conduct unbecoming of a public official against petitioner. The Office of the Ombudsman correctly recommended a penalty of suspension from the service for seven months without pay.

PRINCIPLES:

• The Office of the Ombudsman has the power and duty to investigate any act or omission of any public official or employee when it appears to be illegal, unjust, improper, or inefficient. (Section 13(1), Article XI of the 1987 Constitution)

• The Ombudsman has jurisdiction over administrative complaints that are contrary to law or regulation, unreasonable, unfair, oppressive, discriminatory, inconsistent with the general course of an agency's functions, proceed from a mistake of law or an arbitrary ascertainment of facts, in the exercise of discretionary powers but for an improper purpose, or are otherwise irregular or immoral. (Section 19 of Republic Act No. 6770)