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HILARION F. DIMAGIBA v. JULITA ESPARTERO

This case has been cited 2 times or more.

2014-02-26
VELASCO JR., J.
provisions of Rule 43.[27] Barata v. Abalos, Jr.,[28] Coronel v. Desierto,[29] and recently Dimagiba v. Espartero[30] have reiterated the pertinent holding in Fabian. The Decision of the Ombudsman is mandatory and immediately executory
2013-06-05
REYES, J.
The Court agrees with Pia. As the Court explained in Dimagiba v. Espartero,[15] "[c]onsidering that the Fabian ruling stated that Rule 43 of the Rules of Court should be the proper mode of appeal from an Ombudsman decision in administrative cases, and Section 4 of Rule 43 provides for a reglementary period of 15 days from receipt of the order appealed from, a motion for extension of time to file petition within the 15-day period is considered timely filed."[16] Between the 10-day period under R.A. No. 6770 and Section 4 of Rule 43, the latter shall apply.