Case Summary (G.R. No. L-33101)
Background of the Case
In March 1977, a financial audit conducted by auditors from PNRC headquarters revealed a cash shortage amounting to P154,350.13 within the Bohol chapter's funds, leading to Baluyot being held accountable. Years later, on January 8, 1998, Holganza filed an affidavit-complaint against Baluyot with the Office of the Ombudsman, accusing her of malversation in accordance with Article 217 of the Revised Penal Code. Simultaneously, an administrative complaint for dishonesty was also initiated against her.
Jurisdictional Challenges
On February 6, 1998, the Ombudsman issued an order requiring Baluyot to submit her counter-affidavit within ten days. Baluyot contested the Ombudsman's jurisdiction over the case, asserting that the PNRC is a private voluntary organization rather than a government-owned or controlled corporation. Her arguments included the lack of government funding, the source of salary payments for personnel, and absence of oversight by the Commission on Audit. Baluyot also cited that disciplinary power over PNRC employees rests exclusively with its Secretary General, as outlined in PNRC’s by-laws.
Precedent Case Consideration
The court referenced a previous case, Camporedondo v. National Labor Relations Commission, which dealt with similar jurisdictional issues regarding the PNRC's status. In that decision, it was concluded that the PNRC is a government-owned and controlled corporation as it was created via special charter to perform public functions. The ruling underscored that the mere amendment of its charter to provide for specific privileges did not transmute its nature from a public to a private entity.
Court's Decision and Rationale
After reviewing the arguments, the court dismissed Baluyot’s petition, affirming the Ombudsman's jurisdiction based on Republic Act No. 6770, known as “The Ombudsman Act of 1989.” The law empowers the Ombudsman to address complaints against government officials and employees, including those of government-owned or controlled corporations. The court's decision clarified that
...continue readingCase Syllabus (G.R. No. L-33101)
Case Citation
- 382 Phil. 131
- G.R. No. 136374
- Date of Decision: February 09, 2000
- Jurisdiction: Second Division
Parties Involved
- Petitioner: Francisca S. Baluyot
- Respondents: Paul E. Holganza, The Office of the Ombudsman (Visayas), represented by Deputy Ombudsman for the Visayas Arturo C. Mojica, Director Virginia Palanca-Santiago, and Graft Investigation Officer I Anna Marie P. Militante.
Procedural Background
- This case is a special civil action for certiorari, aimed at reversing the Orders issued by the Office of the Ombudsman on August 21, 1998, and October 28, 1998.
- The August 21, 1998 Order denied the petitioner's motion to dismiss the charges against her, while the October 28, 1998 Order denied her motion for reconsideration.
Factual Background
- Audit Findings: On March 21, 1977, a cash shortage amounting to P154,350.13 was discovered in the funds of the Bohol chapter of the Philippine National Red Cross (PNRC), for which the chapter administrator, petitioner Baluyot, was held accountable.
- Complaint Filed: On January 8, 1998, Paul E. Holganza filed an affidavit-complaint against Baluyot, charging her with malversation under Article 217 of the Revised Penal Code. This complaint was designated as OMB-VIS-CRIM-98-0022.
- Administrative Charges: Following a recommendation from Graft Investigation Offi