G.R. No. 96410 - National Power Corp. vs. Court of Appeals

Petitioner Jose M. Roy III filed the action under Rule 65 seeking either a Temporary Restraining Order or a Writ of Preliminary Injunction.
The relief prayed was to restrain the filing of an information against him and to set aside the Resolution of the Ombudsman dated November 9, 2015, and the Joint Order dated April 29, 2016 on grounds of grave abuse of discretion amounting to lack or excess of jurisdiction.

In January 2006, Domingo B. Nunez, then dean of the Pamantasan ng Lungsod ng Maynila (PLM), initiated the purchase request for a vehicle for the PLM-Open University Distance Learning Program.
Detailed technical specifications of the vehicle were provided, including engine type, seating capacity, transmission, and various performance and design features.

On January 19, 2006, PLM President Benjamin G. Tayabas approved the vehicle purchase request.
Supply Officer Alfredo C. Ferrer, Jr. identified the Hyundai Starex van as the only model meeting the requirements and suggested its purchase.
Dean NuAez prepared the Purchase Application which was subsequently approved based on a pre-procurement conference, with funds certified by Vice President for Finance and Planning, Angelita G. Solis.
Although the procurement was not reported nor advertised as required by Republic Act (R.A.) No. 9184, the Bids and Awards Committee (BAC) ultimately recommended direct contracting as an alternative mode of procurement.
On May 10, 2006, the BAC met to evaluate quotations and decided to purchase the vehicle from Hyundai Otis, culminating in the BAC Resolution No. 09-G-06 dated May 17, 2006, and the subsequent issuance of a Purchase Order on May 18, 2006.

On February 24, 2006, petitioner was appointed Acting President of PLM with full rights and authorities over PLM affairs, including procurement matters.
His involvement was limited to endorsing the BAC recommendation through his signature on the BAC Resolution and the Purchase Order.
The vehicle was ultimately purchased on June 6, 2006, as evidenced by the Disbursement Voucher and the issuance of Check No. 890045.

On March 29, 2010, the Commission on Audit (COA) issued a Notice of Suspension concerning the PLM’s procurement of the vehicle, noting several irregularities such as lack of approval from the Board of Regents and non-compliance with R.A. No. 9184.
On August 7, 2013, the Field Investigation Office (FIO) of the Office of the Ombudsman instituted a complaint against the petitioner and other PLM officials alleging grave misconduct, gross neglect of duty, inefficiency, incompetence, and violation of R.A. No. 9184 and Section 3(e) of R.A. No. 3019.
On November 9, 2015, the Ombudsman issued a Resolution finding probable cause to indict the petitioner along with co-respondents for violation of Section 3(e) of R.A. No. 3019.
On November 23, 2015, COA issued a Notice of Settlement of Suspension/Disallowance/Charge (NSSDC) which pronounced the earlier suspension as settled.
Petitioner filed motions for reconsideration and subsequently a Comment on July 24, 2018, seeking issuance of a writ of certiorari to set aside ongoing criminal proceedings before the Sandiganbayan.
The Office of the Solicitor General (OSG) manifested its support for dismissing the criminal case against the petitioner.

Whether the Ombudsman committed grave abuse of discretion amounting to lack or excess of jurisdiction in finding probable cause to indict petitioner for violation of Section 3(e) of R.A. No. 3019.