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[G.R. Nos. 167127-28.March 29, 2005]

REYES vs. COA

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 29 2005.

G.R. Nos. 167127-28 (Nerissa Bulao y Reyes [now Mrs. Nerissa Bulao-Olitoquit], Revenue Collection Clerk II, SG 7, Office of the Municipal Treasurer, Milaor, Province of Camarines Sur vs. Commission on Audit, represented by Auditors Emma Hernandez and Willy Paladan, Provincial Auditor's Office, Pili, Province of Camarines Sur.)

As regards the criminal case for Malversation of Public Funds, OMB-L-C-03-1094-1, the Court Resolved to

(a) TREAT the petition as a special civil action for certiorari; and

(b) DISMISS the petition for failure to accompany the same with a clearly legible duplicate original or certified true copy of the assailed resolution in violation of Rule 65, Section 1 and Rule 46, Section 3 in relation to Rule 56, Section 2.

In any event, the said petition would still be dismissed for failure thereof to sufficiently show that any grave abuse of discretion was committed by the Office of the Deputy Ombudsman for Luzon in rendering the challenged resolution which, on the contrary, appears to be in accord with the facts and applicable law and jurisprudence.

With respect to the administrative case for Grave Misconduct, OMB-L-A-03-0908-1, the Court Resolved to DENY the petition in accordance with the Resolution dated 9 February 1999 in A.M. No. 99-2-09-SC, entitled Re: Denial of Appeal from Any Decision or Final Resolution or Order of the Ombudsman in Administrative Cases and Dismissal of Special Civil Action Relative to Such Decision, Resolution or Order."

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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