G.R. No. 172553 - Office of the Deputy Ombudsman for Luzon vs. Jesus D. Francisco, Sr.

In November 1998, Ligorio Naval filed a complaint before the Office of the Ombudsman accusing Jessie Castillo, the mayor of Bacoor, Cavite, and others of violations of Sections 3(e), (g), and (j) of the Anti-Graft and Corrupt Practices Act.
The complaint concerned the award of a municipal building construction contract worth over P9 million to St. Martha's Trading and General Contractors, alleged to be unqualified due to an expired license and improper classification (Category "C" instead of "A").
Castillo submitted certifications claiming the contractor’s license was valid and they were classified as Category "A".
The Ombudsman, after investigation, dismissed the complaint on April 29, 1999, finding Castillo's defenses meritorious. Reconsideration was denied on August 27, 1999.

Subsequent communications by Naval alleged improper dismissal and bribery; these were relayed to the Ombudsman, who ordered a reevaluation.
A memorandum on May 30, 2000 recommended reviving and further investigating the case with additional respondents, approved on September 30, 2000.
A new complaint-affidavit was executed for gross negligence and conduct prejudicial to the service against five municipal officers, including Jesus D. Francisco, Sr., the Municipal Planning and Development Officer and PBAC member.
The complaint alleged that during bidding, St. Martha’s license was expired and it was unqualified for the value of the contract (P9.5 million), warranting disqualification.

On May 30, 2005, an Order was issued placing the five PBAC members under preventive suspension without pay, valid up to six months, for the duration of the case.
The suspension was immediately executory notwithstanding appeals or motions, unless otherwise ordered.
Francisco received notice of the suspension order on July 1, 2005.

On July 22, 2005, Francisco filed a Petition for Certiorari with the Court of Appeals, arguing the suspension was an abuse of discretion since the underlying transactions were already dismissed in OMB-1-98-2365.
He contended the charges did not meet the threshold for suspension under the law, and that his continued office stay would not prejudice the investigation.
The Court of Appeals did not issue a temporary restraining order, and Francisco requested early resolution.

On December 23, 2005, the Court of Appeals granted the petition, ruling that the preventive suspension was barred under the doctrine of res judicata since the prior dismissal was a final judgment on the same subject matter involving the same parties (or parties with shared interests).
The Court emphasized the identity of parties, subject matter, and action in both administrative cases.
The Office of the Deputy Ombudsman filed a motion for reconsideration, which was denied on May 3, 2006.

On June 26, 2006, the Office of the Deputy Ombudsman and the General Investigation Bureau-A filed the present Petition for Review on Certiorari.
The Court of Appeals directed memoranda submissions, which both parties complied with.
After elevation, it was revealed that the Deputy Ombudsman issued a Joint Resolution dismissing Administrative Case No. OMB-C-A-05-0032-A for lack of probable cause, approved on February 28, 2008.
The preventive suspension effectively lapsed after six months from receipt (July 1, 2005 to December 28, 2005).

Whether the Order of preventive suspension issued by the Office of the Deputy Ombudsman for Luzon placing Jesus D. Francisco, Sr. and his co-respondents under suspension was valid and proper.
Whether the doctrine of res judicata applies to bar the administrative complaint against Francisco and the other PBAC members given the prior dismissal in the related case.
Whether the filing of the present Petition for Review before the Supreme Court remains justiciable or has become moot due to the dismissal of the administrative case and expiration of the suspension period.