Case Digest (G.R. No. 8921)
Facts:
In Richard A. Cambe, et al. v. Office of the Ombudsman (802 Phil. 190, 2016), the Supreme Court sat en banc to resolve consolidated petitions filed by Senator Ramon “Bong” Revilla, Jr., his Chief of Staff Richard A. Cambe, alleged scam mastermind Janet Lim Napoles, Napoles’s employees John Raymund De Asis and Ronald John Lim, and four (4) DBM officers—Mario L. Relampagos, Rosario Salamida NuAez, Lalaine Narag Paule, and Marilou Dialino Bare—against the Office of the Ombudsman, National Bureau of Investigation (NBI), Levito D. Baligod, Field Investigation Office (FIO), and the Sandiganbayan. On September 16 and November 18, 2013, the NBI and FIO lodged complaints (OMB-C-C-13-0316 and OMB-C-C-13-0395) charging petitioners with Plunder (RA 7080) and Corrupt Practices (Section 3[e], RA 3019) for allegedly conspiring to divert P517 million from Revilla’s Priority Development Assistance Fund (PDAF) (2006–2010) through fraudulent Non-Governmental Organizations (NGOs) controlled by NapoCase Digest (G.R. No. 8921)
Facts:
- Consolidated Petitions
- Petitioners: Senator Ramon “Bong” Revilla, Jr.; Richard A. Cambe; Janet Lim Napoles; John Raymund De Asis; Ronald John Lim; and Mario L. Relampagos, Rosario S. Nuáez, Lalaine N. Paule, Marilou D. Bare (DBM officials).
- Assailed issuances:
- Ombudsman Joint Resolution (Mar. 28, 2014) finding probable cause to indict petitioners for Plunder (RA 7080) and/or violation of Sec. 3(e), RA 3019.
- Ombudsman Joint Order (Jun. 4, 2014) denying reconsideration.
- Complaints:
- NBI Complaint (OMB-C-C-13-0316) – Plunder (P 517 M diverted; P 224.5 M kickbacks).
- FIO Complaint (OMB-C-C-13-0395) – Plunder & 16 counts Sec. 3(e), RA 3019.
- Alleged PDAF Scam (2006–2010)
- Priority Development Assistance Fund (PDAF) of Sen. Revilla diverted into “ghost” projects.
- Napoles-created NGOs (JLN Corp.) used as conduits.
- Kickbacks: 40–60% of project cost (total P 224.5 M) to legislators and staff.
- Roles of Petitioners
- Revilla – authorized endorsements; received kickbacks.
- Cambe – Chief of Staff; processed endorsements; received kickbacks.
- Napoles – mastermind; formed NGOs; falsified documents; handled funds.
- De Asis & Lim – staff; picked up checks; delivered funds.
- Relampagos et al. – DBM officials; facilitated SARO/NCA issuance.
- Preliminary Investigation
- Respondents filed counter-affidavits (Napoles, Lim did not).
- Motions to suspend proceedings and to be furnished documents denied.
- Revilla’s motion to be furnished co-respondents’ affidavits eventually granted (6 of 19).
- Ombudsman Determinations
- Mar. 28, 2014 Joint Resolution – probable cause for Plunder & Sec. 3(e) charges.
- Jun. 4, 2014 Joint Order – denied reconsideration.
- Informations filed with Sandiganbayan; warrants issued; DBM officials partly dismissed then reinstated.
Issues:
- Procedural
- Was the filing of charges premature for lack of COA Order of Execution (precondition)?
- Was denial of motions to suspend/re-conduct preliminary investigation proper?
- Did refusal to furnish all co-respondents’ affidavits violate due process?
- Substantive
- Is there probable cause for Plunder against each petitioner?
- Is there probable cause for violation of Sec. 3(e), RA 3019 against each petitioner?
- Are hearsay and co-conspirator statements (res inter alios acta rule) admissible at this stage?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)