Title
Relampagos vs. Office of the Ombudsman
Case
G.R. No. 234868-69
Decision Date
Jul 27, 2022
Former DBM official Mario Relampagos charged with plunder, malversation, and graft for allegedly facilitating P900M Malampaya Fund diversion to fake NGOs; SC upheld Ombudsman's probable cause finding.
probable cause
malversation of public funds
certiorari
A

Case Digest (G.R. No. 201380)

Facts:

  • Background of the Case
    • The petitioner, Mario L. Relampagos, filed a Petition for Certiorari under Rule 65 challenging the actions of the Office of the Ombudsman.
    • The petition sought to annul and set aside the Joint Resolution dated December 19, 2016 and the Joint Order dated August 30, 2017.
    • These issuances pertained to criminal complaints involving charges of plunder, malversation of public funds through falsification of public documents, and violation of Section 3(e) of RA 3019, among others.
  • Initiation of Criminal Complaints and Alleged Anomalies
    • Complaints were filed by Levito D. Baligod and Lourdes P. Benipayo on October 3, 2013 and March 13, 2014 respectively.
    • The allegations centered on the illegal diversion of approximately P900 million from the Malampaya Fund.
    • The funds, originally allocated for relief, rehabilitation, and reconstruction under the authority of DBM and DAR, were supposedly misused through spurious channels.
    • Alleged involvement included not only petitioner but several private individuals and public officers, making part of a larger scandal involving falsified documents and fabricated NGO implementations.
  • The Malampaya Fund and Its Disbursement Process
    • The origin of the fund:
      • On October 8, 2009, a request was submitted by DBM Sec. Rolando Aureo G. Andaya, Jr. to use the Malampaya Fund for calamity relief.
      • President Gloria Macapagal Arroyo, via Executive Order No. 848, authorized the release of funds under necessary amounts and purposes.
    • Subsequent fund allocation details:
      • DAR, acting on a request by then-DAR Usec. Narciso B. Nieto, sought P900 million for assisting farmer-beneficiaries affected by typhoons Ondoy and Pepeng.
      • Despite indications of lack of sufficient supporting documents (such as absent Philippine Agrarian Reform Council Resolution or Rehabilitation Plan, and discrepancies with the List of Due and Demandable Accounts Payable), the DBM, through petitioner’s office involvement, proceeded with fund disbursements.
    • Key documents and issuances:
      • Special Allotment Release Order (SARO) No. E-09-08417 issued on November 19, 2009 to release P900 million to the DAR’s Fund 158.
      • Issuance of the Notice of Cash Allocation (NCA) which credited the DAR’s Fund 158 with P900 million, despite procedural warnings documented in DBM memoranda.
  • Actions by the Office of the Ombudsman
    • The Ombudsman, through its investigation and after a performance audit by the COA’s Special Audits Office, found a highly irregular release and contracting process concerning the Malampaya Fund.
    • The investigation indicated that:
      • At least 97 letter-requests for funds were involved, many of which were allegedly falsified.
      • The implementation scheme involved non-existent NGOs tied to Janet Lim Napoles and a network of public officials allegedly receiving kickbacks.
    • The Joint Resolution found probable cause against petitioner and other respondents for:
      • Two counts of plunder (later dismissed in the Joint Order).
      • Ninety-seven counts of malversation through falsification of public documents.
      • Ninety-seven counts of violation of Section 3(e) of RA 3019.
    • The Joint Order, approved on September 5, 2017, dismissed the plunder charge but maintained the other findings, recommending the filing of criminal informations with the Sandiganbayan.
  • Petitioner's Defense and Procedural Posture
    • In his Counter-Affidavit, petitioner argued:
      • He did not participate in the preparation or signing of key documents, such as the November 17, 2009 memorandum and the SARO.
      • His signature on the NCA was executed in good faith, following internal DBM processes and based on existing circulars.
      • The procedural requirements (like the LDDAP) were not applicable to the DAR at that time.
    • Petitioner contended that there was no concrete or overt act on his part linking him to the alleged criminal conduct, and that the Ombudsman erred in not dismissing the case outright.
  • Developments Leading to the Court’s Review
    • Following the issuance of the Joint Resolution and Joint Order by the Ombudsman, petitioner filed motions for reconsideration.
    • Petitioner alleged grave abuse of discretion by the Ombudsman in maintaining the finding of probable cause against him despite arguments on procedural and substantive grounds.

Issues:

  • Whether the Ombudsman gravely abused its discretion in declaring that there exists probable cause against petitioner.
    • The central legal question revolves around the appropriateness of the Ombudsman's findings given the alleged procedural irregularities and deficiencies in showing concrete acts by petitioner.
    • Whether merely signing the NCA, as performed by petitioner under instruction and internal processes, constitutes a “concrete and overt act” indicative of a common design.
  • The degree of deference to be afforded to the Ombudsman's evaluative and investigatory functions.
    • Whether the determination of probable cause by the Ombudsman, being an executive and factual matter, should be insulated from judicial interference.
    • Whether the evidence presented, despite its preliminary nature, sufficiently supports a finding of probable cause.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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