f. Executory Nature of Decision or Resolution

When does decision become final and executory

Where the respondent is absolved of the charge, and in case of conviction where the penalty imposed is public censure or reprimand, suspension of not more than one month, or a fine equivalent to one month salary, the decision shall be final, executory and unappealable. (Rule III, Sec. 7, Rules of Procedure of the Office of the Ombudsman)

In all other cases, the decision may be appealed to the Court of Appeals on a verified petition for review under the requirements and conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days from receipt of the written Notice of Decision or Order denying the Motion for Reconsideration. (Rule III, Sec. 7, Rules of Procedure of the Office of the Ombudsman)

Appeal does not stop decision from being executory

An appeal shall not stop the decision from being executory. In case the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary other emoluments that he did not receive. (Rule III, Sec. 7, Rules of Procedure of the Office of the Ombudsman)