Case Summary (G.R. No. 132816)
Applicable Law
The governing law applicable to this situation includes Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act, which prohibits certain acts of public officers that constitute graft. The legal framework surrounding the procedural aspects of preliminary investigations is also relevant, particularly as codified under the 1987 Philippine Constitution and enacted statutes such as the Ombudsman Act of 1989 (R.A. No. 6770).
Factual Background
The petitioner executed a contract with RWIC, following an internal recommendation from undersecretary Antonio E.B. Nachura, which suggested that the transaction be pursued due to urgent educational needs. However, complaints arose regarding the alleged overpricing of the chairs, leading to an investigation initiated by Atty. Meliton R. Reyes on behalf of de la Cruz, which claimed that the contract violated anti-graft laws and was harmful to the government’s interests.
Preliminary Investigation
The investigations led by the Office of the Ombudsman resulted in a resolution finding probable cause against Cabahug, citing violation of Section 3(e) of R.A. 3019. Notably, the Ombudsman’s findings conflicted with the position of the Special Prosecutor who, after review, recommended dismissing the case against Cabahug, concluding that there was no evidence of bad faith or gross negligence on her part.
Motion for Reconsideration and Reinvestigation
Cabahug filed several motions, including a Motion for Re-determination of Existence of Probable Cause and a Motion for Reinvestigation, asserting errors in the Ombudsman’s conclusions and the arbitrary denial by the Sandiganbayan of her request. The Sandiganbayan treated her requests as second motions for reconsideration which were forbidden under the Rules of Court.
Judicial Determination of Abuse of Discretion
The Supreme Court, upon reviewing the case, recognized the significant misapprehension of facts by the Ombudsman and the Sandiganbayan's subsequent actions. It articulated that the preliminary investigation is intende
...continue readingCase Syllabus (G.R. No. 132816)
Case Background
- This case arises from a petition for Certiorari and/or Prohibition with Preliminary Injunction and/or Temporary Restraining Order.
- The petitioner, Susana B. Cabahug, challenges two orders issued by the Sandiganbayan in Criminal Case No. 23458.
- The first order denied a Motion for Re-determination of Existence of Probable Cause on the grounds that it was essentially a second Motion for Reinvestigation, which is not permitted under the Rules of Court.
- The second order denied a subsequent Motion for Reconsideration concerning the first order.
Parties Involved
- Petitioner: Susana B. Cabahug, former Director of the Department of Education, Culture and Sports (DECS) for Region XI.
- Respondents: People of the Philippines, Sandiganbayan, 3rd Division, and the Office of the Special Prosecutor.
Factual Background of the Case
- The controversy centers on a contract signed by DECS represented by Cabahug for the purchase of 46,000 units of Topaz Monobloc Armchairs from Rubber Worth Industries Corporation (RWIC) at a unit price of P495.00.
- Jesusa T. de la Cruz, a competing supplier, objected to this contract, alleging overpricing and violation of Republic Act No. 3019.
- A complaint filed against Cabahug, Secretary Ricardo T. Gloria, and Undersecretary Antonio E.B. Nachura led to a preliminary investigation by the Office of the Ombudsman-Mindanao.
Findings of the Ombudsman
- Graft Investigation Officer Jovito A. Coresis, Jr. found probable cause