Title
Office of the Ombudsman vs. Mendoza
Case
G.R. No. 219772
Decision Date
Jul 17, 2019
Police officers arrested Muhad Pangandaman, extorted P200,000 for his release. SC upheld OMB’s ruling, finding Mendoza guilty of grave misconduct based on substantial evidence from witnesses.

Case Summary (G.R. No. 225914)

Factual Antecedents

Muhad claimed to have been arrested at his store by police officers, specifically naming SPO2 Dante Naguera and several others in civilian clothing. He alleged that he was extorted for ₱200,000.00 for his release. His relatives, Diamungan Pangandaman and Mampao Rasul, corroborated his story, detailing how they were involved in the transaction that led to Muhad's release. Further statements indicated that Mendoza received a part of the extorted money. Mendoza denied these allegations, contending he had no knowledge of the arrest and was elsewhere at the time of the incident.

OMB Decision

The Office of the Ombudsman ruled against Mendoza and others, finding substantial evidence of grave misconduct based on consistent witness testimonies and evidence of financial transactions related to the extortion. Consequently, Mendoza was dismissed from service, with additional penalties applied.

CA Decision

Mendoza's appeal to the Court of Appeals resulted in a reversal of the Ombudsman's decision. The CA found insufficient substantial evidence to hold Mendoza liable, noting inconsistencies and a lack of corroboration regarding his participation in the alleged extortion. They highlighted omittance of key details in initial affidavits as suspicious and ruled that Mendoza ought not to have borne the burden of disproving his involvement in the absence of solid evidence against him.

Issues Raised

The Office of the Ombudsman contesting the CA’s ruling raised two issues: the existence of substantial evidence for Mendoza’s liability and the applicability of E.O. No. 226 concerning command responsibility in the context of administrative liability.

Arguments

The OMB reiterated that substantial evidence existed against Mendoza, primarily drawn from witness affidavits and claims of direct involvement in the extortion. Mendoza, in response, questioned the credibility of the OMB's reliance on these affidavits and asserted that the command responsibility doctrine under E.O. No. 226 was inapplicable since he was directly implicated in the extortion and not merely negligent in his supervisory duties.

The Court's Ruling

The Court granted the OMB's petition, establishing that Mendoza's dismissal for grave misconduct was justified based on substantial evidence provided by consistent testimonie

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