Title
Non vs. Office of the Ombudsman
Case
G.R. No. 251177
Decision Date
Sep 8, 2020
Former ERC commissioners challenged RTC Pasig's jurisdiction in a graft case, alleging improper venue under R.A. No. 10660. Supreme Court ruled in their favor, annulling RTC's orders and dismissing the case due to lack of jurisdiction.

Case Digest (G.R. No. 34428)
Expanded Legal Reasoning Model

Facts:

  • Parties
  • Petitioners
    • Alfredo J. Non, Gloria Victoria C. Yap-Taruc, Josefina Patricia A. Magpale-Asirit and Geronimo D. Sta. Ana, former Commissioners of the Energy Regulatory Commission (ERC).
  • Respondents
    • Office of the Ombudsman
    • Alyansa Para sa Bagong Pilipinas, Inc. (ABP)
    • Hon. Maria Gracia A. Cadiz-Casaclang, Presiding Judge, Branch 155, Regional Trial Court (RTC), Pasig City
  • Origination and Administrative Proceedings
  • ERC Resolutions
    • Resolution No. 13-2015 required Distribution Utilities (DUs) to conduct a Competitive Selection Process (CSP) for their Power Supply Agreements (PSAs).
    • Resolution No. 1-2016 moved the effectivity of Resolution No. 13-2015 from November 2015 to April 2016.
  • ABP Actions and Ombudsman Complaints
    • On November 3, 2016, ABP filed a certiorari petition (G.R. No. 227670) assailing Resolution No. 1-2016 and the CSP Guidelines.
    • On November 23, 2016, ABP filed a verified administrative and criminal complaint with the Ombudsman (docketed OMB-C-A-16-0438 and OMB-C-C-16-0497), alleging graft and corrupt practices and other offenses against the petitioners and ERC Chairman Salazar.
    • The Ombudsman’s Resolution of September 29, 2017 found probable cause for violation of Section 3(e), Republic Act (R.A.) No. 3019, leading to Criminal Information before RTC Pasig City.
  • Criminal Information and Lower Court Proceedings
  • Information and Motion to Quash
    • On July 12, 2018, petitioners filed a Motion to Quash Information (Criminal Case No. R-PSG-18-01280-CR) on the ground that under Section 2, R.A. No. 10660, the RTC had no jurisdiction and venue must lie outside the region where the officials held office.
  • RTC Orders and Relief Sought
    • RTC Branch 155, Pasig City denied the Motion to Quash on September 10, 2018, citing absence of Supreme Court-promulgated implementing rules and applying default venue rules (Section 15(a), Rule 110, Revised Rules on Criminal Procedure).
    • The RTC denied the petitioners’ Motion for Reconsideration on October 22, 2018.
    • Petitioners sought certiorari relief (G.R. Nos. 239168, 240288, consolidated, and ultimately G.R. No. 251177) praying for annulment of the RTC orders and suspension of proceedings.

Issues:

  • Whether the RTC Branch 155, Pasig City gravely abused its discretion and lacked jurisdiction in denying the Motion to Quash Information under the jurisdictional and venue provisions of R.A. No. 10660, which mandate trial in a judicial region other than where the accused public official holds office.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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