Title
Barata vs. Abalos, Jr.
Case
G.R. No. 142888
Decision Date
Jun 6, 2001
A homeowners' association filed an administrative complaint against a mayor for failing to complete a housing project. The Ombudsman dismissed the case, and the Supreme Court upheld the decision, ruling it final and unappealable, with the petition filed out of time.
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Case Digest (G.R. No. 142888)

Facts:

  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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:

  1. Whether the Court of Appeals committed grave abuse of discretion in ruling that the Ombudsman's decision exonerating Abalos, Jr. is not appealable.
  2. Whether the Ombudsman's decision absolving Abalos, Jr. is final and unappealable.
  3. Whether the petition was filed within the reglementary period.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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