G.R. Nos.

212761-62, July 31, 2018

SENATOR JINGGOY EJERCITO ESTRADA, Petitioner, v. OFFICE OF THE OMBUDSMAN,

HON. SANDIGANBAYAN, FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN,
NATIONAL BUREAU OF INVESTIGATION, AND ATTY. LEVITO D. BALIGOD, Respondents.

G.R. NOS. 213473-74

JOHN RAYMUND DE ASIS, Petitioner, v. CONCHITA CARPIO MORALES, IN HER OFFICIAL

CAPACITY AS OMBUDSMAN, PEOPLE OF THE PHILIPPINES, AND SANDIGANBAYAN,
FIFTH DIVISION, Respondents.

G.R. NOS. 213538-39

JANET LIM NAPOLES, Petitioner, v. CONCHITA CARPIO MORALES, IN HER OFFICIAL

CAPACITY AS OMBUDSMAN, PEOPLE OF THE PHILIPPINES, AND SANDIGANBAYAN,
FIFTH DIVISION, Respondents.

Facts:
● Jinggoy Estrada, Janet Lim Napoles, and John Raymund De Asis were charged for their
respective participation in the illegal pillaging of public funds from the Priority
Development Assistance Fund (PDAF) of Estrada for the years 2004 to 2012
○ The charge contained two complaints: A Complaint for Plunder filed by the NBI
and a Complaint for Plunder and violation of Section 3(e) of RA 30196 filed by
the Field Investigation Office of the Ombudsman
● NBI Complaint alleged that the PDAF scheme would commence when Napoles and the
legislator would meet to discuss the use of the latter’s PDAF
○ They would discuss the list of projects, purpose, the corresponding government
agency, project cost, and the “commission” of the legislator ranging from 40%-
60% of the total amount in the Special Allotment Release Order(SARO)
● FIO Complaint alleged that Estrada and Labayen committed plunder through repeated
misuse of public funds as shown by the series of SAROs issued to effect releases of
funds from the PDAF allocation of Estrada to Napoles' NGOs, and through accumulation
of more than P50,000,000.00 in the form of kickbacks
○ Estrada likewise violated Section 3(e) of RA 3019 by acting with manifest
partiality and evident bad faith in endorsing MAMFI and SDPFFI in violation of
existing laws, such as the GAA, Implementing Rules and Regulations of RA
9184, Government Procurement Policy Board Resolution No. 012-2007 and
Commission on Audit (COA) Circular 2007-01
● Estrada denied having received anything from Napoles and that he did not intentionally
or willfully commit wrongdoing in his choice of NGOs and he had no knowledge or notice
of any relationship between the NGOs that implemented the projects and Napoles
 ● For violation of Section 3(e) of RA 3019, he alleged that there was no manifest partiality
or evident bad faith in endorsing the NGOs to implement the PDAF projects since he
only endorsed the NGOs
● Ombudsman found that petitioners conspired in amassing ill-gotten wealth by receiving
money from Napoles, through Tuason and Labayen, in the amount of P183,793,750.00
in exchange for endorsing JLN-controlled NGOs to the IAs of his PDAF-funded projects

Issue: Whether or not the Ombudsman has the power to determine probable cause

Ruling:

Yes, the Ombudsman has the power to determine probable cause

Ombudsman has the power to investigate and therefore it could assess the evidence on hand to
determine whether or not there is probably cause

Plunder, defined and penalized under Section 2 of RA 7080, as amended, has the following
elements:
(a) that the offender is a public officer, who acts by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates, subordinates or other
persons;
(b) that he amasses, accumulates or acquires ill-gotten wealth through a combination or series
of overt or criminal acts described in Section 1(d) hereof; and
(c) that the aggregate amount or total value of the ill-gotten wealth amassed, accumulated, or
acquired is at least Fifty Million Pesos (P50,000,000.00).

On the other hand, the elements of a violation of Section 3(e)of RA 3019 are:
(a) that the accused must be a public officer discharging administrative, judicial, or official
functions (or a private individual acting in conspiracy with such public officers);
(b) that he acted with manifest partiality, evident bad faith, or inexcusable negligence; and
(c) that his action caused undue injury to any party, including the government, or gave any
private party unwarranted benefits, advantage, or preference in the discharge of his functions

Given that the one being charged with plunder is a public officer and the total amount is at least
Fifty Million pesos which is ill-gotten, then there is probable cause for Plunder. The elements for
Section 3(e) of RA 3019 are also evident given that the funds were taken from the government
and funneled through NGOs. The Ombudsman is reasonable in finding probable cause given
and did not therefore abuse its discretion.

Doctrine: A finding of probable cause needs only to rest on evidence showing that more likely
than not a crime has been committed and was committed by the suspects.