G.R. NO. 159876 - DINO A. CRUCILLO, VS. OFFICE OF THE OMBUDSMAN AND THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT.[G.R. NO. 159877]JOSE R. TENGCO, JR., VS. HON. SIMEON V. MARCELO IN HIS CAPACITY AS THE OMBUDSMAN AND THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT.D E C I S I O N - Supreme Court E-Li

Ruling

WHEREFORE, in view of the foregoing, it is hereby recommended that the charges against respondents Rafael A. Sison, Jose V. De Ocampo ... Jose R. Tengco, [ et al. ] for violation of Section 3(e) and (g) of [R.A.] No. 3019 be DISMISSED, the same having been previously resolved with finality on May 18, 1992 by this Office in TBP No. 87-02383 entitled DBP v. Phil-Asia Food Industries Corporation (PAFICO). SO RESOLVED (Words in bracket and emphasis added.) On July 5, 2002 , Omb. Desierto approved GIO Corral's recommendation. In time, the PCGG filed a Motion for Reconsideration , followed by a Supplement to Motion for Reconsideration , [16] upon the ground that TBP Case No. 87-02388 is different from the present case . Then came the appointment of respondent Simeon V. Marcelo as Ombudsman. On March 10, 2003, Omb. Marcelo, acting on the PCGG's motion to reconsider GIO Corral's resolution, issued the herein assailed Order/Resolution , [17] disposing as follows: IN VIEW OF THE FOREGOING , the ... said Motion for Reconsideration dated 23 July 2002 filed by the [PCGG] is hereby PARTIALLY GRANTED . As against respondents Rafael A. Sison, Jose R. Tengco and Dino A. Crucillo , this Office finds probable cause for violation of Section 3 (e) and (g) of [R.A.] No. 3019 and hence, there is no justification for the withdrawal of the Information against them in Crim. Case No. 26539. As to respondents Miguel V. Gonzales, Antonio L. Tan and Federico B. Ballon , ..., the instant criminal case against them is dismissed. The Office of the Special Prosecutor is hereby ordered to cause the amendment of the Information for the exclusion of respondents Miguel V. Gonzales, Antonio L. Tan and Federico B. Ballon from Criminal Case No. 26539. SO ORDERED.