Province of Bataan v Casimiro

GR 197510-11, April 11, 2022

SECOND DIVISION

Facts:

Petitioners challenge the resolution of the Ombudsman which found a probable cause to file criminal
cases against the former and ordering their dismissal. Province of Bataan awarded (without bidding)
the supply of a patrol boat with a 6-cylinder gas engine, worth P150k, to accused Asistin. The 6
cylinder boat was changed to 4 cylinder for the same price due to Asistin’s assurance that it had the
same performance. An hily amount of P142,500k was issued by the Provincial Treasurer Talento to
Asistin, however, the Journal Entry Voucher reflected P150k. A recommendation was filed to the
Ombudsman for the filing of a criminal case in violation of Anti-Graft and Corrupt Practices.

Province of Bataan filed a petition for certiorari, prohibition and mandamus with prayer for TRO,
questioning the basis for filing admin and criminal cases before the Supreme Court. Subsequently, the
criminal aspect of the petition ensued in due course before the Sandiganbayan (it found evidence
submitted by prosecution that would be sufficient to support a conviction)

Issue:

WON actions taken by respondent charging petitioner before Sandiganbayan and dismissing them from
service are valid

Ruling: Yes.

Criminal aspect of the petitions:

Jurisprudence states that "a petition for certiorari, pertaining to the regularity of a preliminary
investigation, becomes moot after an information is filed and a trial court issues an arrest warrant
upon finding probable cause against the accused." By analogy, the same rationale should be applied in
this case. This is because the Sandigaribayan acts as a "trial court" in resolving criminal cases against
government officials or employees

Administrative aspect of petition:

Province of Bataan has no personality to file the petition since it is not considered a “person aggrieved”
under Sec. 1, Rule 65. 'person aggrieved' referred to under Section 1 of Rule 65 who can avail of the
special civil action of certiorari pertains to one who was a party in the proceedings before the lower
court. Even if it had standing to file petition, it is settled that "as a quasi-judicial agency, decisions of
the Office of the Ombudsman in administrative disciplinary cases may only be appealed to the Court of
Appeals through a Rule 43 petition" in order to respect the hierarchy of courts.