Title
Kalalo vs. Office of the Ombudsman
Case
G.R. No. 158189
Decision Date
Apr 23, 2010
Employee accused university officials of falsifying board meeting minutes and graft; Ombudsman dismissed claims, upheld by Supreme Court due to lack of evidence and no grave abuse of discretion.
complaint
dismissal
memorial institute
A

Case Summary (G.R. No. 240614)

Factual Background

As Board Secretary of Pablo Borbon Memorial Institute of Technology (now Batangas State University), Roberto B. Kalalo alleged that certain Board minutes of the 129th General Meeting contained intercalated resolutions not part of the authentic record. The meeting occurred on January 21, 1997 and, according to petitioner, he found a copy of the purported final Minutes on his table in March 2001 after respondent Marcelo L. Agustin delivered it at the direction of respondent Ernesto M. De Chavez. Petitioner observed discrepancies including that the authentic minutes contained eight pages while the questioned copy contained nine pages.

Specific Allegations

Petitioner challenged three resolutions which he claimed had been inserted: Resolution No. 6, s. 1997 ratifying a referendum of August 4, 1996 adjusting various school fees; Resolution No. 25 authorizing the President to deposit college income in government banks and to open certain accounts; and Resolution No. 26 approving construction contracts with C.S. Rayos Construction and General Services for projects with contract prices of P2,693,642.90 and P968,283.63. Petitioner also complained of deviation from the usual procedure because respondent De Chavez had signed the minutes before petitioner, as Board Secretary, attested to their correctness.

Procedural History Before the Ombudsman

Petitioner filed a Complaint Affidavit with the Office of the Ombudsman alleging falsification of public documents and violations of Sections 3(a) and (e) of Republic Act No. 3019 against the school officials. Respondents submitted a Joint Counter-Affidavit denying the charges and asserting that respondent De Chavez merely signed minutes prepared by petitioner in his ministerial capacity. Petitioner filed a reply reiterating his allegations.

Resolution of the Office of the Ombudsman

The Office of the Deputy Ombudsman evaluated the records and dismissed the complaint in its Resolution dated May 14, 2002. The Ombudsman relied principally on certifications issued by petitioner himself affirming the correctness of the questioned resolutions and excerpts, concluding that those certifications cast serious doubt on the complaint and favored dismissal. The Ombudsman found that petitioner’s signature on the questioned minutes was not alleged to be falsified and that petitioner’s claim of inadvertent signing was unconvincing given his duties and prior approvals.

Motion for Reconsideration and Order

Petitioner filed a Motion for Reconsideration dated August 16, 2002. The Ombudsman denied the motion in an Order dated October 8, 2002 for lack of merit. Petitioner thereafter filed this petition for certiorari under Rule 65, Rules of Court seeking to annul the Ombudsman’s Resolution and Order.

Issues Presented by Petitioner

Petitioner alleged that the public respondent committed: (I) grave abuse of discretion amounting to lack or excess of jurisdiction in misappreciating the facts and issues; (II) grave abuse in issuing the assailed Resolution and Order without factual and legal bases; and (III) grave abuse in failing to find probable cause against the private respondents.

Respondents’ Position Before the Court

Respondents maintained that the Ombudsman had properly exercised discretion in dismissing the complaint because petitioner himself had certified the authenticity of the resolutions and excerpts. The Office of the Solicitor General appeared for the public respondent, which the Court addressed as a separate incidental issue concerning representation.

Legal Standard on Reviewability and Discretion

The Court reiterated established principles that a petition for certiorari under Rule 65 admits only questions of grave abuse of discretion amounting to lack or excess of jurisdiction and does not lie to review mere factual determinations. The Court emphasized that the Office of the Ombudsman possesses constitutional investigatory and prosecutorial powers and has discretion to determine the existence of probable cause to file criminal information. The Court cited Sarigumba v. Sandiganbayan and related authorities to define grave abuse of discretion and to circumscribe the scope of judicial review.

Probable Cause Doctrine Applied

The Court recited the standard for probable cause as sufficient facts to engender a well-founded belief that a crime was committed and that the accused are probably guilty. The Court observed that probable cause requires more than bare suspicion and less than proof beyond reasonable doubt, and that the evaluation of probable cause during a preliminary investigation rests within prosecutorial discretion unless exercised in a capricious or whimsical manner.

Court’s Assessment of the Ombudsman’s Findings

The Court found no showing of manifest error or grave abuse of discretion by the Ombudsman. The Ombudsman’s findings emphasized petitioner’s own certifications of the resolutions and excerpts and the absence of any allegation that petitioner’s signature was forged. The Ombudsman reasonably concluded that petitioner’s explanation of inadvertent signing

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