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[ G.R. No. 131464. July 1, 1999]

RICARDO D. PAPA, JR. vs. OFFICE OF THE OMBUDSMAN

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 1, 1999.

G.R. No. 131464 (Ricardo D. Papa, Jr. vs. Office of the Ombudsman.)

This is a petition for certiorari and prohibition questioning the Order of the Office of the Ombudsman, dated November 20, 1997, requiring petitioner to submit his counter-affidavit and other controverting evidence to the complaint filed against him I OMB-ADM-097-0672 (OMB-O-97-2022). Petitioner contends that the Office of the Ombudsman has no jurisdiction to entertain the complaint and prays for a temporary restraining order against such. In its resolution dated December 10, 1997, this Court required respondents to comment.

On February 20, 1998, the Office of the Ombudsman issued an order dismissing the complaint against petitioner in the said case on the ground that it has no jurisdiction to pass over the justness of a judicial interlocutory order in the first instance. Hence, this motion praying that this case be dismissed for having become moot and academic.

Premises considered, the Court resolved to GRANT petitioner's motion and hereby DISMISS the petition for having moot and academic. The first, second, and third motions for extension of time to file comment filed by the Solicitor-General for public respondent, as well as the second and third motions for extension of time to file comment filed by counsel for private respondent Leo Aguilar, are hereby accordingly NOTED WITHOUT ACTION. Martinez, J., is on leave.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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