Case Summary (G.R. No. 239827)
Complaint and Allegations
On August 14, 2015, Augustin M. Cloribel filed a Complaint-Affidavit against Montero, alleging illegal use of public funds, unlawful appointments under Article 244 of the Revised Penal Code, and several violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019). Cloribel claimed that the appointed consultants were all candidates who lost in the May 2013 elections, thereby violating the one-year prohibition on hiring losing candidates as stipulated in both the Constitution and the Local Government Code.
Evidence of Misconduct
Cloribel alleged that the appointments violated the prohibition on hiring losing candidates and asserted that Montero had conspired with her relatives in the local government to pass resolutions authorizing the appointments retroactively. It was claimed that no proper documentation was maintained for the appointments, including no contractual agreements or budgetary approval for the consultants' salaries, leading to illegal disbursement of funds.
Montero's Defense
In response, Montero denied the allegations and presented arguments invoking opinions from the Department of the Interior and Local Government stating that the prohibition did not apply to daily or casual hires. She also claimed that consultancy positions did not fall under the definition of regular government service. Furthermore, Montero contended that the resolutions passed by the Sangguniang Bayan, which authorized the hiring, should be considered valid.
Ombudsman’s Findings
The Office of the Ombudsman, after investigating the allegations, found sufficient probable cause to indict Montero for four counts of unlawful appointments and violations of Section 3(e) of Republic Act No. 3019. The Ombudsman determined that the essence of the appointments constituted an evasion of the legal prohibitions, thereby necessitating criminal charges.
Reassessment and Movements for Reconsideration
Subsequent efforts by Montero to contest the Ombudsman's findings through a Motion for Reconsideration were denied. Dissatisfied with this outcome, she then filed a Petition for Certiorari alleging that the Ombudsman acted with grave abuse of discretion.
Legal Standards Applied
The Court emphasized the principle that the Ombudsman has a significant degree of discretion in determining probable cause and may only be overturned in cases of grave abuse of discretion. Key principles also included the separation of criminal and administrative liabilit
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Case Background
- This case involves a Petition for Certiorari under Rule 65 of the Rules of Court filed by Leonila Paredes Montero (Petitioner) against the Office of the Ombudsman and Augustin M. Cloribel (Respondents).
- The petition is in response to a Resolution and Order of the Office of the Ombudsman, which found probable cause to indict Montero for four counts of unlawful appointments and four counts of violation of Section 3(e) of Republic Act No. 3019.
- The Office of the Ombudsman is mandated by the Constitution to investigate acts of public officials that may be illegal, unjust, improper, or inefficient.
Allegations Against Montero
- Cloribel filed a Complaint-Affidavit against Montero, alleging:
- Illegal use of public funds or property.
- Unlawful appointments under Article 244 of the Revised Penal Code.
- Violations of Sections 3(a), (e), and (g) of Republic Act No. 3019.
- The complaint stemmed from Montero's actions after she took office as mayor of Panglao, Bohol, on July 1, 2013, where she appointed four consultants who had lost in the May 2013 elections.
- Cloribel claimed that these appointments violated the one-year prohibition on hiring losing candidates, as stipulated in the Constitution and the Local Government Code.
Details of the Appointments
- The four consultants appointed by Montero were:
- Noel E. Hormachuelos
- Danilo A. Reyes
- Apolinar B. Fudalan
- Fernando B. Penales
- Cloribel asserted that Montero conspired with her husband and daughter, both members of the Sangguniang Bayan, to pass re