Title
Office of the Deputy Ombudsman for Luzon vs. Francisco Sr.
Case
G.R. No. 172553
Decision Date
Dec 14, 2011
The Supreme Court rules that the preventive suspension of accused municipal officers is no longer justified after the dismissal of the administrative case against them, as there were no exceptional circumstances or constitutional issues that would warrant a decision on the case.
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Case Digest (G.R. No. 172553)

Facts:

  • The case is "Office of the Deputy Ombudsman for Luzon v. Francisco Sr."
  • Petitioners, represented by Maria Olivia Elena A. Roxas, sought to reverse the Court of Appeals' Decision dated December 23, 2005, and Resolution dated May 3, 2006.
  • The appellate court rulings overturned the Order dated May 30, 2005, from the Office of the Deputy Ombudsman for Luzon in Administrative Case No. OMB-C-A-05-0032-A.
  • The order had preventively suspended several municipal officers, including Jesus D. Francisco, Sr., a member of the Prequalification, Bids, and Awards Committee (PBAC) of Bacoor, Cavite.
  • The case originated from a 1998 complaint by Ligorio Naval against Mayor Jessie Castillo and others for alleged violations of the Anti-Graft and Corrupt Practices Act related to the award of a construction contract to St. Martha's Trading and General Contractors.
  • The initial complaint was dismissed by the Ombudsman in 1999 but was later revived, leading to the preventive suspension of Francisco and his co-respondents.
  • Francisco contested this suspension, arguing that the matter had already been adjudicated and that his suspension was not justified.
  • The Court of Appeals ruled in his favor, leading the petitioners to elevate the case to the Supreme Court.
  • The Office of the Deputy Ombudsman for Luzon dismissed Administrative Case No. OMB-C-A-05-0032-A for lack of probable cause on February 28, 2008, rendering the petition moot.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court denied the petition for mootness.
  • The preventive suspension was no longer justified following the dismissal of the administrative case against...(Unlock)

Ratio:

  • The preventive suspension ordered by the Office of the Deputy Ombudsman for Luzon had already lapsed by December 28, 2005.
  • The administrative case against Francisco and his co-respondents was dismissed on February 28, 2008.
  • The preventive suspensi...continue reading

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