HON. JUAN M.

HAGAD, in his capacity as Deputy Ombudsman for the Visayas, petitioner,

vs.

HON. MERCEDES GOZO-DADOLE, Presiding Judge, Branch XXVIII, Regional Trial Court, Mandaue
City, Mandaue City Mayor ALFREDO M. OUANO, Mandaue City Vice-Mayor PATERNO CAÑ ETE and
Mandaue City Sangguniang Panlungsod Member RAFAEL MAYOL, respondents.

G.R. No. 108072 December 12, 1995

Facts:

A criminal and administrative complaints were filed against Mayor Ouano, Vice Mayor Canete
and Councilor Mayol, all public officials of Mandaue City by Councilors Dionson, and Bercede.
There respondents were charged of violating R.A. No. 3019 (Anti-Graft and Corrupt Practices Act),
as amended,Articles 170 (falsification of legislative documents) and 171 (falsification by public
officers) of the Revised Penal Code; and R.A. No. 6713 (Code of Conduct and Ethical Standards of
Public Officers). The respondent officials were allegedly causing alteration of Ordinance No.
018/92 by increasing the allotted appropriation from P3.5M to P7M without authority from
Sangguniang Panlungsod of Mandaue.

The respondent officials prayed for the dismissal of the complaint contending that the
Ombudsman is bereft of jurisdiction to try, hear and decide the administrative case filed against
them since, under Section 63 of the Local Government Code of 1991, the power to investigate
and impose administrative sanctions against said local officials, as well as to effect their
preventive suspension, has been vested to the Office of the President. On September 1992, a
TRO against the Ombudsman was filed and granted to the petitioners by RTC Mandaue to
restrain him from enforcing suspension.

Issue:

Whether or not the Ombudsman under RA 6770 (Ombudsman Act of 1898) has been divested of
his authority to conduct administrative investigations over local elective official by virtue of
subsequent enactment of RA 7160.

Held:

It was held that the authority of the Ombudsman over local officials pursuant to RA 6770 is not
removed neither repealed by the Local Government Code of 1991.
There is nothing in the Local Government Code to indicate that it has repealed, whether
expressly or impliedly, the pertinent provisions of the Ombudsman Act. The two statutes on the
specific matter in question are not so inconsistent, let alone irreconcilable, as to compel us to
only uphold one and strike down the other . Well settled is the rule that repeals of laws by
implication are not favored, and that courts must generally assume their congruent application.
The two laws must be absolutely incompatible, and a clear finding thereof must surface, before
the inference of implied repeal may be drawn. The rule is expressed in the maxim, interpretare et
concordare legibus est optimus interpretendi, i.e., every statute must be so interpreted and
brought into accord with other laws as to form a uniform system of jurisprudence. The
fundament is that the legislature should be presumed to have known the existing laws on the
subject and not to have enacted conflicting statutes. Hence, all doubts must be resolved against
any implied repeal, and all efforts should be exerted in order to harmonize and give effect to all
laws on the subject.

The authority to conduct administrative investigation and to impose preventive suspension over
elective provincial or city officials was at that time entrusted to the Minister of Local Government
until it became concurrent with the Ombudsman upon the enactment of R.A. No. 6770,
specifically under Sections 21 and 24 thereof, to the extent of the common grant. The Local
Government Code of 1991 (R.A. No. 7160), in fine, did not effect a change from what already
prevailed, the modification being only in the substitution of the Secretary (the Minister) of Local
Government by the Office of the President.