Case Summary (G.R. No. 158104)
Factual Antecedents
The audit covering Angelita de Guzman's cash and accounts from January 26, 1999, to May 25, 2000, revealed a shortage amounting to P368,049.42. Following the audit, she was summoned to explain this shortage but did not comply, resulting in her indictment for malversation. She asserted that she was out of the country during the preliminary investigation and successfully requested a reinvestigation, wherein she provided counter-affidavits and supporting evidence.
Report and Recommendation of Prosecutor Bayag, Jr.
During reinvestigation, Prosecutor Bonifacio J. Bayag, Jr. submitted a report on November 15, 2002, recommending the dismissal of the case due to insufficiency of evidence. His analysis indicated that the defense's evidence contradicted claims of a shortage and highlighted that the audit process was incomplete, as it lacked a certification of the cashbook.
Report and Recommendation of Graft Investigation Officer II Agbada
Contrarily, Graft Investigation Officer Adoracion A. Agbada reviewed the prosecutor's report and recommended continuing with the prosecution on December 23, 2002. Her rationale was that the absence of a certification could not negate the finding of a cash shortage, as it was a procedural issue unrelated to the substantive findings of the audit. Notably, she observed that while de Guzman had made restitution, it did not absolve her of liability.
Ruling of the Office of the Deputy Ombudsman for Luzon
Emilio A. Gonzalez III approved Agbada’s recommendation to proceed with the indictment on January 6, 2003. De Guzman’s subsequent motion for reconsideration was denied, leading to her petition for certiorari against the actions of the Ombudsman’s office.
Issues Raised
In her petition filed on May 23, 2003, de Guzman raised issues of grave abuse of discretion by public respondents, claiming they disregarded the earlier findings of insufficiency of evidence. She contended that the lack of a completed audit, particularly the non-accomplishment of the certification, rendered the filed information for malversation premature.
Our Ruling
The court determined that the petition lacked merit, emphasizing that the questions raised were indeed factual matters inappropriate for certiorari review. The Ombudsman had sufficient basis to establish probable cause based on the evidence available and was entitled to evaluate the findings independently, regardless o
...continue readingCase Syllabus (G.R. No. 158104)
Case Citation
- 630 Phil. 539
- G.R. No. 158104
- Date of Decision: March 26, 2010
- Decided by: Del Castillo, J.
Parties Involved
- Petitioner: Angelita De Guzman, Municipal Treasurer of Claveria, Cagayan
- Respondents: Emilio A. Gonzalez III (Officer-in-Charge, Office of the Deputy Ombudsman for Luzon), Adoracion A. Agbada (Graft Investigator), Commission on Audit Region II Cagayan (represented by Erlinda F. Langcay), Hon. Leo Reyes (Presiding Judge of Regional Trial Court of Sanchez Mira, Cagayan)
Background of the Case
- Audit Findings: An audit of Angelita De Guzman's cash and accounts was conducted covering January 26, 1999, to May 25, 2000, revealing a shortage totaling P368,049.42.
- Demand for Explanation: On October 30, 2000, the audit team demanded De Guzman to explain the shortage within 72 hours, but she failed to respond after receiving the letter on November 13, 2000.
- Indictment: De Guzman was indicted for malversation of public funds based on the Ombudsman's Resolution dated November 27, 2001.
Reinvestigation and Findings
- Petitioner's Claims: De Guzman claimed she was unable to participate in the preliminary investigation as she was out of the country and subsequently requested a reinvestigation, which was granted on May 29, 2002.
- Prosecutor's Report: Prosecutor Bonifacio J. Bayag, Jr. submitted a report on November 15, 2002, recommending dismissal of the case due to insufficient evidence. He noted:
- The audit was not complete as the cash b