Case Digest (G.R. No. 142888)
Facts:
The case involves Evelio P. Barata as the petitioner and Benjamin Abalos, Jr., the Office of the Ombudsman, and the Court of Appeals as respondents. The events leading to the case began in March 1995 when the City Government of Mandaluyong initiated the construction of medium-sized condominiums and row houses intended for the members of the San Miguel Bukid Homeowners' Association, Inc., which Barata heads. The homeowners were required to vacate the land they occupied to facilitate the construction, which was expected to be completed within 540 days from June 1995. However, after the construction period lapsed, Barata and the homeowners demanded the completion of the project from the then-City Mayor, Benjamin Abalos, Sr., but their requests went unanswered. When Benjamin Abalos, Jr. took office as the new Mayor, Barata and the homeowners repeated their demands, which were again ignored. Consequently, on May 17, 1999, Barata filed an administrative complaint against Abalos...
Case Digest (G.R. No. 142888)
Facts:
Background of the Case:
- Petitioner Evelio P. Barata headed the San Miguel Bukid Homeowners' Association, Inc., whose members occupied a parcel of land in Mandaluyong City.
- In March 1995, the Mandaluyong City Government initiated a housing project for the association members, requiring them to vacate the area. The project was supposed to be completed within 540 days from June 1995.
Failure to Complete the Project:
- After the construction period lapsed, the housing project remained incomplete. Petitioner and the association members demanded completion from then-Mayor Benjamin Abalos, Sr., but their demands were allegedly ignored.
Administrative Complaint:
- When Benjamin Abalos, Jr. became Mayor, petitioner and the association members again demanded the project's completion.
- Alleging inaction, petitioner filed an administrative complaint against Abalos, Jr. on May 17, 1999, for violating Section 5(a) of R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
Ombudsman's Decision:
- The Office of the Ombudsman dismissed the complaint on July 21, 1999, citing "insufficiency of evidence." Petitioner's motion for reconsideration was denied on September 10, 1999.
Appeals:
- Petitioner initially filed a petition for review with the Supreme Court (G.R. No. 140272), which was denied on November 24, 1999, citing the ruling in Fabian vs. Desierto.
- Petitioner then filed a petition with the Court of Appeals on February 1, 2000, which dismissed the petition on April 10, 2000, ruling that the Ombudsman's decision was final and unappealable and that the petition was filed out of time.
Issue:
- Whether the Court of Appeals committed grave abuse of discretion in ruling that the Ombudsman's decision exonerating Abalos, Jr. is not appealable.
- Whether the Ombudsman's decision absolving Abalos, Jr. is final and unappealable.
- Whether the petition was filed within the reglementary period.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)