QUARTO vs MARCELO

G.R. No. 169042, 5 October 2011

Brion, J.

FACTS:
The DPWH Secretary created a committee to investigate alleged anomalous transactions
involving the repairs and/or purchase of spare parts of DPWH service vehicles with the DPWH
Internal Audit Service (DPWH-IAS) to conduct the actual investigation. The DPWH-IAS
discovered that from March to December 2001, several emergency repairs and/or purchase of
spare parts of hundreds of DPWH service vehicles, which were approved and paid by the
government, did not actually take place, resulting in government losses of approximately P143
million for this ten-month period alone. The committee then filed before the Office of the
Ombudsman complaints charging the petitioner, Quarto, the respondents, Tablan, Borillo, and
Gayya, who are officials and employees of the DPWH, and other private individuals who
purportedly benefitted from the anomalous transactions.
The Ombudsman filed with the Sandiganbayan several information charging the said
DPWH officials and employees with plunder, estafa through falsification of official/commercial
documents and violation of Section 3(e), RA No. 3019. The Ombudsman also granted the
respondents' request for immunity in exchange for their testimonies and cooperation in the
prosecution of the cases filed. Quarto assails the decision of the Ombudsman to grant
respondents’ request for immunity for being violative of Section 17, Rule 119 of the Rules of
Court. Hence, this petition for certiorari and mandamus.

ISSUE:
Whether or not the Ombudsman committed grave abuse of discretion in granting
immunity to private respondents

RULING:
No. RA No. 6770 specifically empowers the Ombudsman to grant immunity "in any
hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the
performance or in the furtherance of its constitutional functions and statutory objectives." In the
exercise of his investigatory and prosecutorial powers, he enjoys the same latitude of discretion
in determining what constitutes sufficient evidence to support a finding of probable cause and the
degree of participation of those involved or the lack thereof. His findings and conclusions on
these matters are not ordinarily subject to review by the courts except when he gravely abuses his
discretion, which the petitioner has failed to establish in this case.
The rule is based not only upon respect for the investigatory and prosecutorial powers
granted by the Constitution to the Office of the Ombudsman but upon practicality as well.
Otherwise, the functions of the courts will be grievously hampered by innumerable petitions
assailing the dismissal of investigatory proceedings conducted by the Office of the Ombudsman
with regard to complaints filed before it, in much the same way that the courts would be
extremely swamped if they could be compelled to review the exercise of discretion on the part of
the fiscals or prosecuting attorneys each time they decide to file an information in court or
dismiss a complaint by a private complainant.
The only limit to this authority is enumerated on Section 17, Rule 119 of the Rules of
Court which provides that before immunity is granted, the following must concur:
a. There is absolute necessity for the testimony of the accused whose discharge is
requested;
b. There is no other direct evidence available for the proper prosecution of the
offense committed, except the testimony of said accused;
c. The testimony of said accused can be substantially corroborated in its material
points;
d. Said accused does not appear to be the most guilty; and
e. Said accused has not at any time been convicted of any offense involving moral
turpitude.

Quarto failed to prove that the Ombudsman violated (a) and (d) of Section 17, Rule 119.
In line with par. (a), petitioner’s argument that the requirement of “absolute necessity” does not
exist based on the Ombudsman’s “evidence” without even attempting to explain how he arrived
at this conclusion falls short in the Court’s view. As for par. (d), the circumstances surrounding
the preparation of the inspection reports can significantly lessen the degree of the respondents’
criminal complicity in the offense. The Ombudsman simply saw the higher value of utilizing the
respondents themselves as witnesses instead of prosecuting them in order to fully establish and
strengthen its case against those mainly responsible for the criminal act, as indicated by the
available evidence. The fact that the respondents had been previously found administratively
liable, based on the same set of facts does not necessarily make them the “most guilty” since an
administrative case is altogether different from a criminal case.
The Court ruled that no grave abuse of authority can be attributed to the decision made by
the Ombudsman. Hence, the petition was DISMISSED.