G.R. No. 171500 - FERNANDO C. PARMA, JR., vs. THE OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON and MAYOR LOURDES SEÑAR.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, it is respectfully recommended that respondent FERNANDO C. PARMA, JR. be INDICTED for the crime of Falsification of Official Document defined and penalized under Article 171, paragraph 1, of the Revised Penal Code. SO RESOLVED. On August 22, 2005, the Ombudsman rendered a Decision in OMB-L-A-05-0211-C, finding Parma guilty of dishonesty and recommending a penalty of one year suspension from office. On October 2, 2005, Parma, with respect to both the Ombudsman's August 17, 2005 resolution and August 22, 2005 decision, filed a Motion for Reconsideration and/or Reinvestigation and to Admit Counter-Affidavit, Affidavit of Witnesses and Other Evidences . [17] Parma explained that he was indisposed for several months, suffering from a renal ailment which prevented him from filing his counter-affidavit. He added that the documentary evidence he intends to present together with his counter-affidavit [18] and the affidavit [19] of his witness, Durante, will likely exculpate him from any liability. To this motion, Señar interposed an opposition in which she informed the Ombudsman about the pendency of criminal complaints for perjury filed by Tino against Durante, docketed as I.S. Nos. 2005-093 and 2005-097. As earnestly prayed in the motion, the Ombudsman admitted Parma's counter-affidavit and other documentary evidence presented. On November 30, 2005, the Ombudsman issued the assailed Joint Order, [20] denying Parma's motion for reconsideration aforementioned. The fallo of the Ombudsman's joint order reads: WHEREFORE, PREMISES CONSIDERED, it is most respectfully recommended that the instant Motion for Reconsideration and/or Reinvestigation dated 27 September 2005 filed by respondent Fernando C. Parma, Jr. be DENIED. The recommendations in the contested Resolution and Decision are hereby affirmed. SO ORDERED.