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Sirs and Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JULY 11, 2006

GR No. 159139 (Information Technology of the Philippines , et al. v. Commission on Elections, et al.)

Before the Court are the (1) Urgent Manifestation, and (2) Compliance filed by the Office of the Ombudsman (OMB) on June 27 and 30, 2006, respectively, relative to the May 3, 2006 Resolution of the Court (reiterated in its Resolution of June 13, 2006), which directed the OMB to "report to the Court by June 30, 2006, its final determination of whether a probable cause exists against any of the public officials (and conspiring private individuals, if any) involved in the subject [automated election] Resolution and Contract. x x x."

In its Urgent Manifestation, the OMB avers that the new Ombudsman, who assumed office only on December 1, 2005, had "to devote the past few months to pressing administrative and internal matters affecting the functional and operational organization of the Office x x x. Respecting the instant case in particular, x x x, the new Ombudsman in the exercise of her review powers, passed upon, reassessed and reevaluated, in all aspects - legal and otherwise, the preliminary findings of her deputies and subordinates. Pursuant thereto, the new Ombudsman found sufficient grounds for the conduct of further investigation necessary for the complete determination of the existence or non-existence of probable cause against all public officials (and conspiring private individuals, if any) involved in the nullified COMELEC Resolution and Contract."

Thus, the OMB manifests that such need for further investigation forestalls its final determination of the existence or non-existence of probable cause against the persons concerned by June 30, 2006, as directed by this Court. Notably, it fails to mention any date or period within which it could comply with the Court directive.

Nonetheless, on June 30, 2006, it filed its a fore-mentioned Compliance, submitting therewith a copy of its June 28, 2006 Resolution in OMB-L-C-04-0922-J [Kilosbayan Foundation and Bantay Katarungan Foundation v. Benjamin Santos Abalos, et al., for violation of Section 3(e) and (g) of RA 3019 and Sec. 2 of RA 7080]; OMB-L-C-04-0983-J [Sen. Aquilino Q. Pimentel, Jr., Field Investigation Office, Office of the Ombudsman v. Benjamin Santos Abalos, et al., for Section 3(e) and (g) of RA 3019]; OMB-C-C-04-0011-A [Sen. Aquilino Q. Pimentel, Jr. v. Luzviminda Gaba Tancangco and Pablo Ralph Cabatian Lantion , for Section 3(e) and (g) of RA 3019]; and OMB-L-A-04-0706-J [Sen. Aquilino Q. Pimentel, Jr., Field Investigation Office, Office of the Ombudsman v. Eduardo Dulay Mejos, et al., for dishonesty, grave misconduct and conduct prejudicial to the best interest of the service].

The dispositive portion of the said OMB Resolution, which bears the written approval of Ombudsman Ma. Merceditas N. Gutierrez, reads:

"Wherefore, premises considered, it is respectfully recommended that:

1. An Information for Violation of Section 3 (e) Republic Act No. 3019, be filed before the Sandiganbayan against respondents EDUARDO MEJOS, GIDEON G. DE GUZMAN, JOSE P. BALBUENA, LAMBERTO P. LLAMAS and BARTOLOME J. SINOCRUZ, JR. in conspiracy with private respondents WILLY U. YU, BONNIE YU, ENRIQUE TANSIPEK, ROSITA Y. TANSIPEK, PEDRO O. TAN, JOHNSON W. FONG, BERNARD L. FONG and LAURIANO BARRIOS;

2. That the complaint against respondents JOSE TOLENTINO, JAIME PAZ, ZITA BUENA-CASTILLON, and ROLANDO VILORIA, be DISMISSED for lack of sufficient evidence;

3. That the findings against respondent RESURRECCION Z. BORRA, the Commissioner-in-Charge of Phase II of the AES Project may be placed at the disposal of the House of Representatives;

4. Respondents EDUARDO MEJOS, GIDEON G. DE GUZMAN, JOSE P. BALBUENA, LAMBERTO P. LLAMAS and BARTOLOME J. SINOCRUZ, JR. are found guilty of grave misconduct and conduct prejudicial to the best interest of the service, and are meted the penalty of DISMISSAL from the service pursuant to Section 52 (A-3), Rule IV of the Uniform Rules on Administrative Cases in the Civil Service (CSC Resolution No. 991936), with cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for re-employment in the government service;

5. That further fact-finding investigation be conducted by this Office on the following matters;

a.��� Charges involving violation of Section 3 (g) of Republic Act 3019 and other pertinent laws;

b.��� On the criminal liability of all persons who may have conspired with public officials in the subject contract;

c.��� On the culpability of other individuals who were not originally charged in the complaint, but may have participated and benefited in the awarding of the subject Contract; and

d.��� The disbursement of public funds made on account of the void Resolution and Contract."

A close perusal of the Urgent Manifestation and Compliance, as well as the June 28, 2006 OMB Resolution, reveals that the OMB has partially complied with the Court's May 3, 2006 directive, insofar as those covered by Item Nos. 1-4 of the afore-quoted dispositive portion of the OMB Resolution are concerned. What remains to be resolved by the anti-graft agency are the matters enumerated in Item No. 5 of the aforesaid Resolution.

In view of the foregoing, the Court finds it reasonable under the circumstances to give the OMB a nonextendible period of forty-five (45) days to finally dispose of the matters in the last item of its June 28, 2006 Resolution's disposition.

WHEREFORE, the Court RESOLVES to (1) NOTE the Urgent Manifestation and the Compliance filed by the Office of the Ombudsman on June 27 and 30, 2006, respectively; and (2) to GRANT it a nonextendible period of forty-five (45) days from June 30, 2006 or until August 14, 2006, within which to comply fully with the May 3, 2006 Resolution of the Court. (Carpio, J., on official business.)

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court

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