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[ G.R. No. 139513. September 20, 1999]

SALVACION BULALOC, et al. vs. THE OFFICE OF THE OMBUDSMAN, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 20 1999.

G.R. No. 139513 (Salvacion Bulaloc, Valeriano Alo, Jr., and Carlos B. Uro, Sr. vs. The Office of the Ombudsman, Dr. Jose Pepito H. Dalogdog, Dr. Aurora Beatriz A. Romano, Ma. Teresita C. Abastar, Jessica Alla, and Ma. Theresa Aniversario.)

Private respondents Dr. Jose Pepito H. Dalogdog, Dr. Aurora Beatriz A. Romano, Ma. Teresita C. Abastar, Jessica Alla, and Ma. Theresa Aniversario, who are the officers of the Association of Municipal Health Office Personnel of Zamboanga del Sur (AMHOPZS), filed a complaint dated July 19, 1997 in the Office of the Ombudsman for Mindanao against the elective officials of San Miguel, Zamboanga del Sur, including petitioners Salvacion Bulaloc, Valeriano Alo, Jr., and Carlos B. Urro, Sr., for non-payment of their salary increases, as provided in Executive Order Nos. 164, 218, 290, and 389, and hazard, subsistence, laundry and remote assignment allowances under R.A. No. 7305, for the years 1994 to 1997.

Based on the complaint, Ombudsman Aniano A. Desierto ordered the filing in the Sandiganbayan of an information for violation of �3(e) of R.A. No. 3019 against petitioners. Petitioners filed a motion for reconsideration or the order. The Office of the Special Prosecutor recommended the dismissal of the case against petitioners, but Ombudsman Desierto disapproved the recommendation. Hence, the instant special civil action for certiorari.

As pointed out in the resolution approved by Ombudsman Desierto, the Department of Budget and Management (DBM) issued circulars specifying the sources for the payment of the salary increases of public health workers mandated in Executive Order Nos. 164, 218, 290, and 389. Furthermore, the General Appropriations Acts for 1995, 1996, and 1997 explicitly provided for the funding of the hazard, subsistence, laundry, and remote assignment allowances granted to public health workers under the Magna Carta of Public Health Workers. This belies the claim of petitioners that said salary increases and benefits were not paid to private respondents because of lack of funds.

WHEREFORE, the instant special civil action for certiorari is DISMISSED for lack of showing of grave abuse of discretion on the part of the Office of the Ombudsman.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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