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    Province of Bataan V Casimiro

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    Jinny Gin
    The Supreme Court ruled that the actions taken by the Ombudsman against the petitioners were valid. The criminal aspect of the petitions had become moot since an information was filed and an arrest warrant was issued, finding probable cause against the accused. For the administrative aspect, the Province of Bataan did not have standing to file the petition since it was not a "person aggrieved" under the rules. Decisions of the Ombudsman in administrative cases can only be appealed to the Court of Appeals.

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    Province of Bataan V Casimiro

    Uploaded by

    Jinny Gin
    89 views1 page
    The Supreme Court ruled that the actions taken by the Ombudsman against the petitioners were valid. The criminal aspect of the petitions had become moot since an information was filed and an arrest warrant was issued, finding probable cause against the accused. For the administrative aspect, the Province of Bataan did not have standing to file the petition since it was not a "person aggrieved" under the rules. Decisions of the Ombudsman in administrative cases can only be appealed to the Court of Appeals.

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    Province of Bataan v. Casimiro

    Original Title

    Province of Bataan v Casimiro

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    The Supreme Court ruled that the actions taken by the Ombudsman against the petitioners were valid. The criminal aspect of the petitions had become moot since an information was filed and an arrest warrant was issued, finding probable cause against the accused. For the administrative aspect, the Province of Bataan did not have standing to file the petition since it was not a "person aggrieved" under the rules. Decisions of the Ombudsman in administrative cases can only be appealed to the Court of Appeals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views1 page

    Province of Bataan V Casimiro

    Uploaded by

    Jinny Gin
    The Supreme Court ruled that the actions taken by the Ombudsman against the petitioners were valid. The criminal aspect of the petitions had become moot since an information was filed and an arrest warrant was issued, finding probable cause against the accused. For the administrative aspect, the Province of Bataan did not have standing to file the petition since it was not a "person aggrieved" under the rules. Decisions of the Ombudsman in administrative cases can only be appealed to the Court of Appeals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Province of Bataan v Casimiro

    GR 197510-11, April 11, 2022


    SECOND DIVISION

    Facts:

    Petitioners challenge the resolution of the Ombudsman which found a probable cause to file criminal
    cases against the former and ordering their dismissal. Province of Bataan awarded (without bidding)
    the supply of a patrol boat with a 6-cylinder gas engine, worth P150k, to accused Asistin. The 6
    cylinder boat was changed to 4 cylinder for the same price due to Asistin’s assurance that it had the
    same performance. An hily amount of P142,500k was issued by the Provincial Treasurer Talento to
    Asistin, however, the Journal Entry Voucher reflected P150k. A recommendation was filed to the
    Ombudsman for the filing of a criminal case in violation of Anti-Graft and Corrupt Practices.

    Province of Bataan filed a petition for certiorari, prohibition and mandamus with prayer for TRO,
    questioning the basis for filing admin and criminal cases before the Supreme Court. Subsequently, the
    criminal aspect of the petition ensued in due course before the Sandiganbayan (it found evidence
    submitted by prosecution that would be sufficient to support a conviction)

    Issue:

    WON actions taken by respondent charging petitioner before Sandiganbayan and dismissing them from
    service are valid

    Ruling: Yes.

    Criminal aspect of the petitions:

    Jurisprudence states that "a petition for certiorari, pertaining to the regularity of a preliminary
    investigation, becomes moot after an information is filed and a trial court issues an arrest warrant
    upon finding probable cause against the accused." By analogy, the same rationale should be applied in
    this case. This is because the Sandigaribayan acts as a "trial court" in resolving criminal cases against
    government officials or employees

    Administrative aspect of petition:

    Province of Bataan has no personality to file the petition since it is not considered a “person aggrieved”
    under Sec. 1, Rule 65. 'person aggrieved' referred to under Section 1 of Rule 65 who can avail of the
    special civil action of certiorari pertains to one who was a party in the proceedings before the lower
    court. Even if it had standing to file petition, it is settled that "as a quasi-judicial agency, decisions of
    the Office of the Ombudsman in administrative disciplinary cases may only be appealed to the Court of
    Appeals through a Rule 43 petition" in order to respect the hierarchy of courts.

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