G.R. No. 177580 - Office of the Ombudsman vs. Medrano

Petitioner: Office of the Ombudsman (OMB) for Luzon
Respondent: Victorio N. Medrano, Officer-In-Charge (OIC) of Jacobo Z. Gonzales Memorial National High School and principal of San Pedro Relocation Center National High School, Laguna
Complainant: Ma. Ruby A. Dumalaog, teacher at Jacobo Z. Gonzales Memorial National High School

In May 2003, Ma. Ruby filed a sworn letter-complaint before OMB charging respondent with:

Violation of R.A. No. 7877 (Anti-Sexual Harassment Act of 1995) – criminal case OMB-L-C-03-0613-E
Grave misconduct – administrative case OMB-L-A-03-0488-E

The administrative complaint alleged that respondent made sexual advances and sexually abused complainant on March 28, 2003.
Respondent denied charges, calling them malicious and related to complainant's demands for a regular teaching post.

Complainant filed an Urgent Ex-Parte Motion for Preventive Suspension alleging harassment by respondent through subordinates.
OMB granted preventive suspension for six months without pay (July 29, 2003).
Respondent moved for lifting suspension claiming weak evidence; denied initially then granted upon supplemental motion when new OIC designated (October 16, 2003).

July 19, 2004 Decision adjudged respondent guilty of grave misconduct; penalty: dismissal from service.
July 19, 2004 Resolution found probable cause to file criminal charges under the Anti-Sexual Harassment Act.
Respondent moved for reconsideration, challenging facts and, for the first time, OMB’s jurisdiction over administrative case, citing Section 9 of R.A. No. 4670 (Magna Carta for Public School Teachers) which vests initial jurisdiction over such complaints with a DEPED investigating committee.
April 8, 2005 Joint Order of OMB modified penalty from dismissal to one-year suspension without pay, altering the offense from grave misconduct to sexual harassment, but maintained probable cause for criminal charges.

OMB lacked jurisdiction over administrative complaint under R.A. 4670.
Denied right to present evidence (text messages supporting alibi).
Presence at another location during alleged act established by evidence ignored.
Contesting guilt and one-year suspension penalty imposed by OMB.

June 29, 2006 CA Decision nullified OMB’s administrative decision and dismissed complaint on ground of lack of jurisdiction.
CA denied petitioner’s motion for reconsideration on April 2, 2007.

Metropolitan Trial Court dismissed criminal case for lack of interest to prosecute.
Respondent filed Manifestation with Motion in Lieu of Comment to dismiss present petition as moot and academic.
Petitioner opposed, arguing that criminal and administrative remedies are distinct and desistance does not warrant dismissal of administrative charges.

Whether the petition became moot and academic due to the complainant’s affidavit of desistance and dismissal of the criminal case.
Whether the Office of the Ombudsman has jurisdiction over the administrative complaint against respondent.
Whether respondent is estopped from questioning the Ombudsman’s jurisdiction over the administrative complaint.