G.R. No. 258888 - Zoleta vs. Investigating Staff, Office of the Ombudsman

On July 21, 2017, Leonardo R. Nicolas, Jr. (Nicolas, Jr.), an Associate Graft Investigation Officer III of the Intelligence Bureau-Field Investigation Office (IB-FIO) of the Office of the Ombudsman (OMB), was arrested in an entrapment operation for extorting PHP 3,000,000.00 from Congressman Amado Espino to terminate cases against Mayor Jumel Espino.
While detained, Nicolas, Jr. executed an affidavit dated August 2, 2017, stating transactions with Rolando B. Zoleta (Zoleta), then a former Assistant Ombudsman for Luzon, in fixing cases by charging "tag prices" of PHP 200,000.00 to PHP 300,000.00.

On August 4, 2017, Alfred Yann G. Oguis (Oguis), member of the Internal Affairs Board–Investigating Staff (IAB-IS), filed a complaint against Zoleta and Elias B. Caputolan Jr. for Serious Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service, including violations of the Code of Conduct and Ethical Standards for Public Officials (RA 6713).
The complaint alleged Zoleta's involvement in facilitating dismissals of cases in exchange for money.
The complaint was supported by Nicolas, Jr.'s affidavit, letters, screenshots of text messages between Nicolas, Jr. and "AO Roy Zoleta," and identification of Zoleta's mobile number.
Consequently, Zoleta was preventively suspended for six months starting August 7, 2017.

Zoleta chose not to file a counter-affidavit but submitted a manifestation citing his service record and medical history.
Oguis submitted a motion to admit reply/comment, including Nicolas, Jr.'s judicial affidavit dated August 15, 2017.
Both parties were directed to file verified position papers.
The OMB found Zoleta guilty of Grave Misconduct, Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the Service, ordering his dismissal with accessory penalties on January 17, 2018.

Zoleta moved for reconsideration and recusal of IAB members; these were denied on May 21, 2018.
Zoleta filed a petition for review with the Court of Appeals (CA), contesting the preventive suspension, admission of evidence, administrative liability findings, due process violations, and the penalty.
The CA denied the petition on January 7, 2021, affirming the OMB's decisions.
Zoleta's motion for reconsideration before the CA was likewise denied on October 6, 2021.

Zoleta alleges violation of Section 24 of the Ombudsman Act regarding the suspension, denial of cross-examination rights, inadmissibility of certain evidence, violation of due process and privacy rights under the Data Privacy Act, dismissal of criminal case affecting administrative liability, and insufficient evidence.
The OMB, via the Solicitor General, insists the issues raised are repetitive and already resolved by prior decisions.

Whether the preventive suspension of Zoleta was valid and supported by strong evidence under Section 24 of R.A. No. 6770.
Whether Zoleta was denied due process, including the right to cross-examine witnesses.
Whether the evidence admitted against Zoleta was competent, admissible, and sufficient to establish administrative liability.
Whether the use of Zoleta's personal mobile number in the administrative case violated his right to privacy under the Data Privacy Act of 2012.
Whether the dismissal of the criminal case related to the same facts precludes administrative liability.
Whether the administrative penalty of dismissal for Grave Misconduct, Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the Service was proper.