G.R. No. 218413 - Pasok, Jr. vs. Office of the Ombudsman-Mindanao

In April 2005, then Municipal Mayor Alexander T. Pimentel of Tandag, Surigao del Sur issued a memorandum directing private respondent Rex Y. Dua, in his capacity as Agricultural Technician II, to handle and monitor various agricultural programs of the municipality.
During field inspections related to the animal dispersal and other agricultural programs, Dua allegedly discovered irregularities attributed to petitioner Feliciano S. Pasok, Jr., the Municipal Agriculturist.

Dua filed a complaint on 28 July 2006 before the Office of the OmbudsmanaMindanao charging Pasok with malversation and violations of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and RA 6713.
The specific irregularities enumerated in the complaint included:

Non-remittance to the LGU Trust Fund of P91,000 from the proceeds of the Emergency Assistance Certified Seeds/Fertilizer Project under FAO-UN.
Non-remittance of P109,000 fund assistance for the Hybrid Pigs Projects, where only P21,000 was collected without proper receipt, despite the obligation for recipients to pay the municipality.
Inappropriate distribution of free Bacterial Leaf Blit Fungicide (BLBF) where the product intended for beneficiaries was allegedly used by personnel for personal agricultural use.
The alleged unauthorized taking of a water pump in 1997 from a calamity assistance beneficiary, later used by Pasok in his personal fishpond and rice mill in Barangay Buenavista.
Manipulation in the awarding of a rice harvester equipment valued at P80,000, allegedly benefitting a fictitious organization (Tanabog Farmers Association) headed by Pasok’s tenant.

He was not directly involved in handling or safeguarding the funds or materials in question, citing that other personnel were designated for these tasks (e.g., Agricultural Technologist Lynn V. Dequito).
The alleged funds and projects (emergency assistance, Hybrid Pigs, and Gloria Rice programs) were either properly handled by other responsible personnel or were supported by documentary evidence from relevant government agencies.

He further contended that respondent Dua’s complaint was motivated by malice due to a denied promotion, emphasizing personal vindictiveness behind the allegations.

A Decision on 10 March 2008 finding Pasok guilty of grave misconduct and serious dishonesty.
A Resolution on 12 March 2008 finding probable cause against him for violating Section 3(e) of RA 3019.

On 29 September 2009, upon Pasok’s motion for reconsideration, the Office set aside its earlier decision and resolution pending findings of a fact-finding/audit investigation conducted by the Commission on Audit (COA), Regional Office No. 13.
The COA subsequently submitted its Audit Report on 2 September 2011 and a Special Audit Report on 14 March 2012.

Issued an Order on 3 January 2013 finding probable cause that Pasok violated Section 3(e) of RA 3019.
Issued another Order on 4 January 2013 finding Pasok guilty of grave misconduct and serious dishonesty, meting out dismissal from service and other penalties.

Pasok filed motions for reconsideration, including a supplemental motion on 30 May 2014, which were ultimately denied by the Office through a Joint-Order dated 13 April 2015, leading to the instant petition.

Whether the Office of the OmbudsmanaMindanao acted with grave abuse of discretion by:

Reversing its 29 September 2009 Joint-Order and subsequently finding probable cause against Pasok based on the COA audit reports.
Failing to furnish Pasok a copy of the COA reports or giving him the opportunity to comment on them, thereby allegedly violating his right to due process.