G.R. No. 158189 - Kalalo vs. Office of the Ombudsman

Roberto B. Kalalo, Petitioner, was Board Secretary and an employee of Pablo Borbon Memorial Institute of Technology (PBMIT), now Batangas State University.
Office of the Ombudsman, Ernesto M. De Chavez, and Marcelo L. Agustin, Respondents, were officials of PBMIT against whom the Complaint Affidavit was filed.
The Complaint Affidavit alleged falsification of public documents and violations of Sections 3(a) and 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).

The 129th General Meeting of the Board of Trustees of PBMIT/BSU occurred on January 21, 1997.
In March 2001, Petitioner claimed he found on his table a final print of the Minutes of the 129th General Meeting, which respondent Marcelo L. Agustin allegedly forwarded upon the order of respondent Ernesto M. De Chavez for Petitioner to certify as to its correctness.
Petitioner asserted the copy given to him was produced after a long delay and contained inconsistencies, prompting suspicion and his own investigation.
Petitioner identified three resolutions he alleged were inserted by respondent De Chavez:

Resolution No. 6, s. 1997 — ratifying the referendum dated August 4, 1996 adjusting charges/fees for eight listed documents issued by the college, including admission/testing fee and transcript of records.
Resolution No. 25 — authorizing the President of PBMIT/BSU to deposit college income in government depository banks and to open a PBMIT testing, admission and placement office account.
Resolution No. 26 — approving construction contracts with C.S. Rayos Construction and General Services for two projects with contract prices of P2,693,642.90 and P968,283.63 respectively.

Petitioner asserted the authentic minutes had eight pages while the disputed minutes had nine pages, leading him to conclude Resolutions Nos. 25 and 26 were intercalations.
Petitioner also alleged deviation from the usual signing procedure: he claimed the customary practice was for respondent De Chavez, as Vice-Chairman, to sign minutes only after Petitioner attested as Board Secretary; however, the copy submitted to Petitioner bore De Chavez’s signature already affixed, prompting Petitioner’s refusal to sign.

Despite Petitioner’s refusal to sign, Petitioner alleged Resolution No. 25 was implemented.
Respondents filed a Joint Counter-Affidavit denying the allegations and asserting it was ministerial for respondent De Chavez to sign minutes prepared by Petitioner.

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Whether the public respondent gravely abused its discretion amounting to lack and/or excess of jurisdiction by seriously misappreciating the facts and issues of the case.
Whether the public respondent gravely abused its discretion amounting to lack and/or excess of jurisdiction in issuing the assailed Resolution and Order without factual and legal bases.
Whether the public respondent gravely abused its discretion amounting to lack and/or excess of jurisdiction in not finding *probable cause* against both private respondents.

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