Case Summary (A.M. No. RTJ-12-2331)
Facts of the Case
In April 2005, Alexander T. Pimentel, then Municipal Mayor of Tandag, mandated Rex Y. Dua, an Agricultural Technician II, to oversee agricultural programs. During his inspections, Dua reported several irregularities attributed to Feliciano S. Pasok Jr., the Municipal Agriculturist of Tandag. Dua subsequently filed a complaint in July 2006, alleging malversation of public funds and violations of Republic Acts Nos. 3019 and 6713. The specific allegations included failure to remit funds to the Local Government Unit Trust Fund, non-delivery of promised agricultural inputs, personal use of government resources, and manipulating awards in favor of fictitious organizations.
Initial Findings by the Ombudsman
On March 10, 2008, the Office of the Ombudsman declared Pasok guilty of grave misconduct and serious dishonesty, followed by a resolution finding probable cause against him on March 12, 2008. However, a Joint-Order on September 29, 2009, set these findings aside pending an audit from the Commission on Audit (COA).
Subsequent Audit and Findings
Following audits submitted by the COA in September 2011 and March 2012, the Office of the Ombudsman issued an order on January 3, 2013, finding probable cause against Pasok for violations of the Anti-Graft and Corrupt Practices Act. Simultaneously, on January 4, 2013, Pasok was again found guilty of grave misconduct, resulting in his dismissal from service.
Petitioner’s Claims and Defense
Pasok challenged the findings, arguing that the Ombudsman committed grave abuse of discretion by not providing him with copies of the COA reports linked to the probable cause determination. He contended that this lack of access violated his right to due process, asserting that the findings were based on unverified audits and did not afford him the opportunity to comment or defend against the new allegations.
Court's Ruling on Procedural Fairness
The Court found Pasok’s petition to be without merit, emphasizing that the Ombudsman possesses plenary powers to investigate and make determinations based on both initial complaints and subsequent evidence, including COA findings. The Court ruled that Pasok was afforded the opportunity to present his defense during the earlier s
...continue readingCase Syllabus (A.M. No. RTJ-12-2331)
Case Overview
- Title: Feliciano S. Pasok, Jr. v. Office of the Ombudsman Mindanao and Rex Y. Dua
- Citation: 832 Phil. 719
- Date: June 06, 2018
- Court: Second Division of the Supreme Court of the Philippines
- Petitioner: Feliciano S. Pasok, Jr.
- Respondents: Office of the Ombudsman Mindanao, Rex Y. Dua
Procedural Background
- Pasok filed a petition for certiorari contesting:
- An Order dated January 3, 2013, which found probable cause against him for malversation and violations of the Anti-Graft and Corrupt Practices Act (RA 3019).
- A Joint-Order dated April 13, 2015, from the Office of the Ombudsman Mindanao, which denied his motions for reconsideration concerning the above Order.
Facts of the Case
- In April 2005, then Municipal Mayor of Tandag, Alexander T. Pimentel, issued a memorandum assigning Rex Y. Dua to oversee agricultural programs, including an animal dispersal program.
- Dua discovered alleged irregularities in the implementation of these programs by Pasok, the Municipal Agriculturist.
- Dua filed a complaint on July 28, 2006, alleging:
- Non-remittance of funds from various agricultural programs to the Local Government Unit (LGU) Trust Fund.
- Non-delivery of agricultural inputs, specifically free fungicide.
- Misappropriation of a water pump belonging to a farmer.
- Manipulation of the award of a rice harvester to a fictitious organization.
- Pasok denied the allegations, attributing Dua's actions to malice stemming from a denied p