Practice question
In a proper administrative case against a covered executive official, the Ombudsman imposes a lawful suspension after due process. The agency head refuses solely because the Constitution uses the word 'recommend' and the head views every Ombudsman disciplinary determination as optional advice. Under Ledesma, which is correct?
- The head can disregard every lawful disciplinary order at pleasure.
- The Ombudsman may never impose any administrative sanction.
- Only the respondent may decide whether the sanction applies.
- The order is binding within the Ombudsman's lawful disciplinary authority; Ledesma rejects the purely advisory characterization.
- The word recommend grants immunity from any penalty.
Legal references
- RA 6770, Section 21, disciplinary authority and exceptions: https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html
- Ledesma v. Court of Appeals, G.R. No. 161629, July 29, 2005, main decision, Ombudsman disciplinary authority: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/42941
- RA 6770, Section 15(3): https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html
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