**Facts:**
1. **The Administrative Complaint Initiation**: Atty. Antonio F. Montemayor, a presidential appointee, was charged for failing to declare two expensive cars in his 2001 and 2002 Sworn Statement of Assets and Liabilities (SSAL), in violation of Republic Act (R.A.) No. 3019 in relation to R.A. No. 6713.
2. **PAGC Investigation and Decision**: The Presidential Anti-Graft Commission (PAGC) investigated the case. In 2003, it found Montemayor administratively liable and recommended his dismissal from service.
3. **Office of the President (OP) Decision**: On March 23, 2004, the OP adopted PAGC’s findings and recommendations, ordering Montemayor’s dismissal.
4. **Court of Appeals Proceedings**: Montemayor challenged PAGC’s jurisdiction at the Court of Appeals (CA) in CA-G.R. SP No. 77285. The CA initially issued an injunctive relief but later dismissed the petition.
5. **Supreme Court Challenge**: Montemayor filed a petition for review under Rule 43 with the CA and concurrently petitioned the Supreme Court for certiorari (G.R. No. 160443), both of which were unsuccessful.
6. **CA Reversal**: Despite dismissal at higher courts, the CA eventually reversed the OP’s decision on appeal, which prompted the OP and PAGC to elevate the matter to the Supreme Court (G.R. No. 162520).
7. **Supreme Court’s Initial Decision**: Initially, on August 25, 2010, the Supreme Court set aside the CA’s decision and reinstated the OP’s decision dismissing Montemayor.
8. **Motion for Reconsideration**: Montemayor contested, citing double jeopardy, due process violations, conflicting agency decisions, and the severity of penalties.
**Issues:**
1. **Double Jeopardy**: Whether Montemayor was subjected to double jeopardy by having both PAGC and Ombudsman investigate him for the same act.
2. **Conflicting Jurisdiction**: The appropriate body between the Ombudsman and PAGC, considering the overlap and respective jurisdictional mandates.
3. **Due Process Violations**: Whether Montemayor’s right to due process was violated in the proceedings before PAGC and OP.
4. **Severity of Penalty**: The appropriateness of the penalty of dismissal given the nature of the violation.
**Court’s Decision:**
1. **Double Jeopardy**: The Court found no double jeopardy as the earlier proceeding by the Ombudsman was merely a preliminary investigation, which did not result in acquittal or conviction.
2. **Conflicting Jurisdiction**: While the Ombudsman has jurisdiction over certain administrative complaints, the Court held PAGC’s concurrent jurisdiction valid, stating disciplinary proceedings by the OP were lawful for presidential appointees.
3. **Due Process**: The Court ruled there was no denial of due process as Montemayor was given ample chance to respond, which he ignored, thus waiving his right to be heard.
4. **Severity of Penalty**: The penalty of dismissal was maintained as appropriate. Non-disclosure of assets in the SSAL undermines public accountability, justifying sanctions under R.A. No. 6713.
**Doctrine:**
– **Non-exclusivity of Jurisdiction**: Administrative liability is separate from criminal and civil liabilities. Multiple proceedings of distinct natures may proceed for the same acts.
– **Concurrent Jurisdiction**: Multiple agencies, under their respective legislations, may investigate the same actions provided their jurisdictions allow for concurrent authority.
– **Due Process in Administrative Law**: Due process requires notice and a chance to be heard, which, if ignored by the respondent, negates claims of procedural violations.
**Class Notes:**
1. **Double Jeopardy in Administrative Cases**: Double jeopardy traditionally applies to criminal cases, not administrative ones unless specific elements (final acquittal, conviction) exist.
2. **Jurisdiction Conflicts**: Study on overlapping jurisdiction of agencies; legislative provisions usually provide resolution mechanisms (primary jurisdiction concepts).
3. **Due Process**: Essence lies in opportunity, not necessarily utilization by participants.
4. **Asset Disclosure Laws**: Emphasizes the need for transparency to ascertain accountability; failure invites administrative sanctions and reflects violations of statutory mandates – e.g., Section 8 of R.A. 6713.
**Historical Background:**
The Philippine government has instituted laws such as R.A. No. 3019 and R.A. No. 6713 to curb corruption through mechanisms including proper reporting of public officials’ assets. The advent and proceedings of the PAGC were part of efforts to intensify anti-corruption activities, reflecting evolving administrative frameworks post-1986 People Power Revolution. The case captures the tension between newly empowered watchdogs and established traditional authorities like the Ombudsman, setting a noteworthy example of jurisdictional demarcation and procedural protocols reflecting administrative reform and accountability.
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