G.R. No. 232325 - Crebello vs. Office of the Ombudsman

A letter-complaint was filed by Domingo Crebello on September 10, 2009 alleging nepotism in the appointment of two individuals—Raquel Capoquian (sister of respondent Timoteo T. Capoquian, Jr.) and Clarita Gomba (wife of respondent Enrique C. Gomba)—to the Board of Directors of the Gamay Water District.
The complaint, which centered on the alleged violation of nepotism rules under Section 59 in relation to Section 67 of Presidential Decree No. 807 (Administrative Code of 1987) and Section 49 in relation to Section 55 of Executive Order No. 292 (Civil Service Law), was initiated by the petitioner through the Office of the Ombudsman (OMB).

The Public Assistance and Corruption Prevention Office (PACPO) of the OMB-Visayas filed an administrative complaint for nepotism against Mayor Capoquian, Jr. and Vice Mayor Gomba of the Municipality of Gamay, Northern Samar, which was docketed on April 3, 2014.
A fact-finding investigation (docketed as CPL-V-09-1076) was conducted, culminating in a Final Evaluation Report dated December 10, 2012, recommending an upgrade of the complaint into two counts of criminal and administrative cases for nepotism.

The investigation revealed that the Sangguniang Bayan of Gamay had passed Resolution No. 10, Series of 2008, creating the Gamay Water District and conferring on respondent Capoquian, Jr. the authority to appoint members to its Board of Directors.
Evidence indicated that, on March 5, 2008, Raquel Capoquian was appointed—a decision deemed nepotic given her relation within the prohibited degree of consanguinity—as well as the appointment of Clarita Gomba, which was allegedly influenced by respondent Gomba acting in his capacity as Vice Mayor/Presiding Officer.
During the administrative proceedings, the respondents were directed to file their Counter-Affidavits and verified position papers; however, their failure to comply was deemed a waiver of their right to contest the charges.
On the basis of the investigation and subsequent procedural lapses by the respondents, the OMB rendered a decision holding respondent Enrique C. Gomba guilty of nepotism, meting the penalty of dismissal from service.
Conversely, the charge against respondent Timoteo T. Capoquian, Jr. was dismissed on the ground of condonation—a defense advanced on the basis of his re-election as Mayor—which rendered the administrative case moot and the decision final, executory, and unappealable under the rules governing OMB cases.

The petitioner moved for partial reconsideration, arguing that the doctrine of condonation had been abandoned as of November 10, 2015 in Morales v. Court of Appeals, contending that it could no longer apply in favor of respondent Capoquian, Jr. once the decision was approved on March 31, 2016.
The OMB denied this motion, maintaining that the ruling on the abandonment of the doctrine under Morales v. Court of Appeals became final only on April 12, 2016, as evidenced by subsequent OMB Circular No. 17.
Ultimately, the petitioner assailed the OMB decision via a petition for certiorari, alleging grave abuse of discretion, while the Court of Appeals dismissed the remedy on the basis that appeals from OMB decisions in administrative cases should be through petition for review under Rule 43.

Whether the Court of Appeals erred in holding that the petition for certiorari was the wrong remedy for challenging the OMB’s decision absolving respondent Capoquian, Jr. from the administrative charge of nepotism.

Whether the OMB committed grave abuse of discretion in applying the doctrine of condonation in favor of respondent Capoquian, Jr., particularly given that he failed to invoke this affirmative defense during the administrative proceedings.