ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

  •  





     
     

    G.R. No. 135912   September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 135912. September 17, 2001.]

    ODIN SECURITY AGENCY, President/General Manager, Col. Arturo C. Ferrer (Ret.), Petitioner, v. SANDIGANBAYAN (Second Division Special Prosecution Officer, RODRIGO V. COQUIA, ANICETO M. SOBREPEÑA, MANUEL GAITE, DALISAY NAZARENO, GUILLERMA REYES and DEMETRIO IGNACIO, Respondents.

    D E C I S I O N


    SANDOVAL-GUTIERREZ, J.:


    Assailed in this instant petition for certiorari is the Resolution of the Sandiganbayan, Second Division, dated December 15, 1997 dismissing the Information in Criminal Case No. 23325 (for violation of Sec. 3 (e) of R. A. 3019 1) against private respondents and the Resolution dated August 25, 1998 denying petitioner’s motion for reconsideration.chanrob1es virtua1 1aw 1ibrary

    The facts are:chanrob1es virtual 1aw library

    On April 26, 1991, the Presidential Management Staff (PMS) of the Office of the President conducted a public bidding for security services required for its various offices. Fifteen (15) security agencies participated in the bidding, including petitioner Odin Security Agency (Odin). Odin and Masada Security Agency (Masada) submitted the lowest bid proposals. They were evaluated by the Bids and Awards Committee (BAC) of the PMS, composed of private respondents Manuel B. Gaite, as Chairman, Dalisay Nazareno, Guillerma Reyes and Demetrio Ignacio, as members. In determining the most advantageous bid, the BAC was guided by the following criteria:chanrob1es virtual 1aw library

    a. Bid price - 25%

    b. Financial status - 20%

    c. Years of Service - 10%

    d. Communication and transactions - 10%

    e. Area of operations - 10%

    f. Mobilization - 10%

    g. Other government clientele - 10%

    h. Availability of training centers - 5%

    After evaluation, the BAC concluded that Nationwide Security and Allied Services, Inc. (Nationwide) ranked first, while Odin and Masada tied at second place. The BAC referred the three (3) agencies (Nationwide, Odin and Masada) to the Presidential Security Group (PSG) for clearance. Forthwith, the PSG recommended Nationwide as the most suitable agency to provide security services.

    Before the Notice of Award could be sent to Nationwide, Odin, represented by its president and general manager, Col. Arturo Ferrer (ret.), filed with the PMS a protest alleging than Nationwide made a misrepresentation in its financial statement, reflecting therein an authorized paid up capital of P2,400,000.00 although its authorization with the Securities and Exchange Commission (SEC) at that time was only as 1,000,000.00. Hence, Nationwide should be disqualified in the bidding.chanrob1es virtua1 1aw 1ibrary

    Despite Odin’s protest, the BAC recommended the award of the security service contract to Nationwide, stating that there was no substantial misrepresentation on its part; and there is nothing illegal in declaring an increased paid-up capital pending its approval by the SEC. Accordingly, private respondent Aniceto Sobrepena, then head of the PMS, approved the BAC’s recommendation, resulting in the award of the contract to Nationwide effective January 1, 1992.

    On February 19, 1992, Odin filed another protest, alleging for the first time that Nationwide also falsified other entries in its financial statement (with counterfeit BIR stamps) submitted to the PMS.

    Respondent Sobrepena referred the matter to the PMS Legal Office. After a thorough investigation, the PMS found that Nationwide committed substantial misrepresentation. Consequently, its services were terminated effective June 7, 1992.

    To replace Nationwide, the PMS awarded the security service contract to Ardee Security Agency, Inc. (Ardee). Again petitioner lodged a protest but was dismissed by respondent Sobrepena on the ground that PMS has no obligation to award the contract to the next ranking bidder.

    On June 26, 1992, Odin, through Col. Ferrer, filed with the Office of the Ombudsman a complaint-affidavit for violation of Section 3(e) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, against the private respondents, namely:chanrob1es virtual 1aw library

    1. Aniceto M. Sobrepeña, head of-PMS;

    2. Manuel B. Gaite, Chairman, PMS Bids and Awards Committee;

    3. Dalisay Nazareno, member, PMS Bids and Awards Committee;

    4. Guillerma Reyes, member, PMS, Bids and Awards Committee;

    5. Demetrio L. Ignacio, Jr., member, PMS Bids and Awards Committee and others.

    After conducting the preliminary investigation, the Ombudsman filed with the Sandiganbayan an information for, violation of Sec. 3 (e) of R. A. 3019, docketed as Criminal Case No. 23325, against private respondents .

    Meanwhile, acting on private respondents’ motion, the Sandiganbayan, in its order dated May 15, 1996, directed the prosecution to reinvestigate the case. On February 7, 1997, the Ombudsman issued a resolution recommending the dismissal of the Information in Criminal Case No. 23325 for lack of probable cause. This resolution was eventually submitted to the Sandiganbayan.

    Forthwith, the Sandiganbayan, in its order dated February 24, 1997, required private respondents to comment on the Ombudsman’s resolution.

    On December 15, 1997, the Sandiganbayan promulgated the assailed Resolution dismissing Criminal Case No. 23325 for lack of probable cause.

    Petitioner filed a motion for reconsideration, but was denied. Hence, the present petition alleging that in dismissing Criminal Case No. 23325, the Sandiganbayan acted with grave abuse of discretion.

    In its comment, the People, represented by the Office of the Ombudsman, pursuant to P.D. No. 1606, as amended by R.A. No. 7975, asserts that respondent Sandiganbayan’s reliance on the Ombudsman’s finding of lack of probable cause is in order.

    The crucial issue for our resolution is whether there was probable cause to indict respondent PMS officials for violation of Section 3 (e) of Republic Act 3019, which reads:jgc:chanrobles.com.ph

    "SECTION 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:chanrob1es virtual 1aw library

    x       x       x


    (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

    x       x       x


    Probable cause is the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he was prosecuted. 2 Corollary, the determination of the existence or absence of probable cause lies within the sound discretion of the Office of the Ombudsman. 3

    Time and again, this Court has held that once a case has been filed with the court, it is that court, no longer the prosecution, which has full control of the case, so much so that the information may not be dismissed without its approval. 4 Significantly, once a motion to dismiss or withdraw the information is filed, the court may grant or deny it, in the faithful exercise of judicial discretion. 5 In doing so the trial judge must himself be convinced that there was indeed no sufficient evidence against the accused, and this conclusion can be arrived at only after an assessment of the evidence in the possession of the prosecution. What was imperatively required was the trial judge’s own assessment of such evidence, it not being sufficient for the valid and proper exercise of judicial discretion merely to accept the prosecution’s word for its supposed insufficiency. 6

    Here, respondent Sandiganbayan, in dismissing Criminal Case No. 23325 relied on the Ombudsman’s findings that:chanrob1es virtual 1aw library

    1. While Nationwide was not the lowest bidder, however, the bid price was not the sole factor considered by private respondents in determining the most advantageous bid. The bid price constitutes only 25% of the total factors. After evaluation, Nationwide, came out with the highest ranking;

    2. Private respondents did not give unwarranted benefit or advantage to Nationwide because its alleged misrepresentation on its paid-up capital stock was actually investigated and deliberated upon. Private respondents’ finding is that such misrepresentation is not material, hence, could not disqualify Nationwide.

    3. In view of the additional alleged misrepresentations committed by Nationwide (after petitioner’s first protest), the PMS terminated its services.

    In addition to the above findings, respondent Sandiganbayan found that there is no iota of proof showing that private respondents conspired with Nationwide in the commission of the alleged misrepresentation to facilitate the award of the bid to the latter to the prejudice of other bidders, thus:jgc:chanrobles.com.ph

    "We are constrained to dismiss the instant case. In addition to the reasons advanced by the Office of the Ombudsman as afore-cited, WE took note that if in fact, there were misrepresentations made by NSAS in its financial statements, there is no iota of proof showing that herein accused movants conspired with NSAS in the commission of the said misrepresentations to facilitate the award of the bid to the latter to the prejudice of the other bidders. What herein accused movants simply did was to evaluate the competency of NSAS relying on the documents submitted to them, and if ever there were irregularities in these documents, it is not fair to attribute the same to herein accused-movants just because they approved the bid in favor of NSAS. The grant of the bid to NSAS by accused-movants should be separated from the misrepresentations made by the latter on their financial statements. There is no proof of felonious linkage so as to warrant the instant indictment. 7

    In thus concluding, it can readily be discerned that respondent Sandiganbayan properly exercised its judicial prerogative since it did not merely rely on the Ombudsman’s recommendation but likewise reviewed the evidence submitted to it.

    The established rule is that a preliminary investigation is not the occasion for the full and exhaustive display of the parties’ evidence; it is for the presentation of such evidence only as may engender a well-grounded belief that an offense has been committed and that the accused is probably guilty thereof. 8

    Hence, petitioner’s arguments that private respondents conspired with Nationwide and granted it undue favor, disregarding the fact that petitioner is the lowest bidder, are misplaced. They are all matters of defense.

    In the case at bar, the Ombudsman was convinced there was no probable cause. His findings, being in order, were adopted by respondent Sandiganbayan which concluded that there is no iota of proof showing that private respondents conspired with Nationwide to enable the latter to get the award.

    The findings of the Ombudsman and those of respondent Sandiganbayan are essentially factual in nature. Accordingly, in assailing the findings of respondent court and contending that it committed grave abuse of discretion, petitioner is actually raising questions of fact.

    This Court is not a trier of facts. At this point it bears stressing that in the extraordinary writ of certiorari, neither questions of fact nor even of law are entertained, but only questions of lack or excess of jurisdiction or grave abuse of discretion. 9

    We thus rule that in dismissing Criminal Case No. 23325 for lack of probable cause, no taint of grave abuse of discretion can be attributed to respondent Sandiganbayan.

    WHEREFORE, the petition is DISMISSED.

    SO ORDERED.

    Melo, Panganiban, Gonzaga-Reyes, and Vitug, JJ., concur.

    Endnotes:



    1. The Anti-Graft and Corrupt Practices Act

    2. Cruz, Jr. v. People, 233 SCRA 439 (1994).

    3. Velasco v. Casaclang, 294 SCRA 394 (1998).

    4. Galvez v. Court of Appeals, 237 SCRA 685 (1994); Ocampo, IV v. Ombudsman, 225 SCRA 725 (1993).

    5. Roberts, et al v. Court of Appeals, 254 SCRA 307, 334 (1996).

    6. Martinez v. Court of Appeals 237 SCRA 575, 585-586 (1994).

    7. Assailed Sandiganbayan Resolution, Rollo, pp. 60-61.

    8. Cruz v. People, 233 SCRA 439 (1994), citing Pangandaman v. Cesar, Et Al., 159 SCRa 599 (1988).

    9. Cruz, Jr. v. People, supra, citing Commission on Audit v. Tanodbayan, Et Al., 199 SCRA 622 (1991).

    G.R. No. 135912   September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED