Case Digest (G.R. No. 201117)
Facts:
- Petitioners: Romeo A. Beltran and Danilo G. Sarmiento.
- Respondents: Sandiganbayan (Second Division), Office of the Ombudsman, Assistant Special Prosecutor III Jennifer Agustin-Se, and Commission on Audit (COA) represented by Danilo Sison, Romeo de Guzman, and Luis Dimoloy.
- Complaint filed by COA against several individuals, including then-mayor Alfredo M. Castillo, Beltran (municipal engineer), and KAICO 25 Realty and Development Corporation (KAICO) represented by Sarmiento.
- Allegation: Mayor Castillo entered into a P10,000,000.00 contract with KAICO for the construction of the Bato-Abuyo Farm-to-Market Road in Alfonso Castañeda, Nueva Vizcaya.
- Audit findings: Only 3.78% of the project was completed despite full payment.
- Danilo N. Sison, a COA technical audit specialist, prepared an inspection report detailing project deficiencies.
- On November 3, 2003, Sison and other auditors executed a joint affidavit stating Beltran falsely certified the project as 100% complete.
- The Office of the Deputy Ombudsman found Beltran guilty of serious dishonesty and recommended criminal charges against him and Sarmiento.
- Beltran claimed he was not a disbursing officer and relied on certifications from local barangay captains.
- The Deputy Ombudsman dismissed Beltran's claims, leading to the filing of informations against both petitioners in the Sandiganbayan.
- Beltran's motion for reconsideration was denied, prompting him to file a petition for certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the Petition for Certiorari.
- The Court ruled that the Office of the Special Prosecutor did not commit grave abuse of discretion in its February 1, 2011 Order.
- The Office of t...(Unlock)
Ratio:
- The Court emphasized the Ombudsman and its deputies have broad discretion in determining probable cause, an executive function.
- The February 1, 2011 Order, although lacking a dispositive portion, effectively denied Beltran's motion for reconsideration, later validated by the Ombudsman’s ...continue reading
Case Digest (G.R. No. 201117)
Facts:
The case involves petitioners Romeo A. Beltran and Danilo G. Sarmiento against the Sandiganbayan (Second Division), the Office of the Ombudsman, Assistant Special Prosecutor III Jennifer Agustin-Se, and the Commission on Audit (COA) represented by Danilo Sison, Romeo de Guzman, and Luis Dimoloy. The events leading to this case began with a complaint filed by the COA against several individuals, including then-mayor Alfredo M. Castillo, Beltran (the municipal engineer), and KAICO 25 Realty and Development Corporation (KAICO), which was represented by Sarmiento. The complaint alleged that Mayor Castillo entered into a contract worth P10,000,000.00 with KAICO for the construction of the Bato-Abuyo Farm-to-Market Road in Alfonso Castañeda, Nueva Vizcaya. An audit revealed that only 3.78% of the project was completed despite the full payment being made. A technical audit specialist from COA, Danilo N. Sison, prepared an inspection report detailing the project's deficiencies. On November 3, 2003, Sison and other auditors executed a joint affidavit confirming that Beltran falsely certified the project as 100% complete when it was not. The Office of the Deputy Ombudsman found Beltran guilty of serious dishonesty and recommended criminal charges against him and Sarmiento. Beltran argued that he was not a disbursing officer and relied on certifications from local barangay captains stating the project was co...