People of the Philippines v. Ronald K. Go, et al.

Ruling

WHEREFORE, x x x it is respectfully recommended that accused's motion for reinvestigation/reconsideration be DENIED, and the accused be accordingly prosecuted. [12] On 17 August 2001, the Ombudsman approved the foregoing OCLC memorandum and, accordingly, disapproved the recommendation of the OSP. [13] On 5 October 2001, petitioners filed a Motion to Quash [14] dated 2 October 2001 before the Sandiganbayan, principally arguing that there is neither probable cause nor prima facie case to warrant and sustain the indictment and/or prosecution of the accused in the criminal cases. In an Order [15] dated 15 October 2001, the Sandiganbayan denied the motion to quash in this wise: The Motion to Quash filed by accused Ronald K. Go for reasons therein stated, namely[,] to obtain a determination of probable cause in the exercise of the very functions of this Court, is denied for lack of merit. While the accused premises his motion on the conflict of views between the Ombudsman and the prosecution at the preliminary investigation, the fact is that the Ombudsman's conclusion is what controls the filing of the Information and the Court itself had already found probable cause. All the matters of fact earlier raised by the accused before this Court and at review by the prosecution are matters of evidence proper for presentation at trial. [16] Petitioners did not move for a reconsideration of the order and instead filed the instant petition. In this petition, petitioners impute grave abuse of discretion amounting to lack or excess of jurisdiction on the part of: (1) the Sandiganbayan, when it allegedly refused to independently assess the Ombudsman's disapproval of the OSP recommendation; and (2) the Ombudsman, (a) when he disregarded the OSP recommendation for the dismissal of the criminal cases; (b) when he excluded the OSP's statement that no unwarranted benefit, advantage or preference had been given to petitioner Go's son-in-law, Noel Lim; and (c) when he overlooked the presence of a prejudicial question and ignored the political undertones manifested by private respondents' filing of similarly baseless complaints. [17] In his Comment [18] dated 1 June 2002, the Ombudsman, through the OSP, asserts that the Sandiganbayan in its assailed order declared in no uncertain terms that it found probable cause against petitioners. He also avers that his decision to proceed with the criminal cases, which the Sandiganbayan sustained, was not arbitrary as it was based on the OCLC recommendation, which detail the instant petition conveniently failed to mention. And even if there was no such recommendation from the OCLC, the Ombudsman states that he cannot be accused of acting with grave abuse of discretion as the OSP is merely a subordinate office of the Office of the Ombudsman, with the latter having the powers of supervision and control over the former. Moreover, the Ombudsman insists that there is evidence to show that the lease contract with Noel Lim was grossly disadv