G.R. Nos. 168830-31 - ERNESTO M. DE CHAVEZ, PORFIRIO C. LIGAYA, ROLANDO L. LONTOK, SR., ROLANDO M. LONTOK, JR. AND GLORIA G. MENDOZA, VS. OFFICE OF THE OMBUDSMAN AND NORA L. MAGNAYE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is respectfully recommended that respondents ERNESTO M. DE CHAVEZ, ROLANDO L. LONTOK, SR., and GLORIA G. MENDOZA, be indicted for violation of Section 3(a) of Republic Act No. 3019. With regard to the rest of respondents, namely: VIRGINIA BAES, AMADOR M. LUALHATI, PORFIRIO C. LIGAYA, VICTORIA A. ZARASPE, ROLANDO M. LONTOK, JR., and JESSIE A. MONTALBO, it is recommended that instant complaints against them be dismissed for lack of probable cause. Upon review by Ombudsman Simeon V. Marcelo, he issued a Supplemental Resolution dated 12 July 2005 "partially approving" with modifications the Joint Resolution dated 14 February 2005. Among other findings, he found petitioners de Chavez, Lontok, Sr., Lontok, Jr., and Mendoza liable for violation of Section 3(e) and (h) of Republic Act No. 3019 and for violation of Article 315(2)(b) of the Revised Penal Code. He also found petitioners de Chavez, Lontok, Sr., Lontok, Jr., and Ligaya guilty of Dishonesty and Grave Misconduct, and, thus, imposed on them the penalty of Dismissal from the Service with the accessory penalties of forfeiture of retirement benefits and perpetual disqualification from reemployment in the government service. [16] The decretal portion of the Supplemental Resolution reads: WHEREFORE, the 14 February 2005 Joint Resolution of the Office of the Deputy Ombudsman for Luzon is partially approved subject to the following modifications: a) Respondents De Chavez, Lontok, Sr., and Mendoza are hereby found liable for violation of Section 3 (e) RA 3019, as amended, for unlawfully collecting graduation fees. In addition, they are also liable for Estafa under Art. 315 (2) (b) of the Revised Penal Code; b) Respondents De Chavez and respondent Lontok, Sr. are hereby found liable for violation of Section 3 (e) RA 3019, as amended, in relation to Section 3 (h) thereof, relative to their engaging in the business of rental of caps and gowns; c) Respondent De Chavez and respondent Lontok, Jr., are found liable for violation of Section 3 (e) RA 3019, as amended, for illegally collecting internet fees from students. In addition, they are also liable for Estafa under Art. 315 (2) (b) of the Revised Penal Code; d) The Field Investigation Office (FIO) is directed to conduct further fact-finding on respondent Ligaya for probable Malversation under Art. 217 of the Revised Penal Code, for collecting P200.00 each from BSU students as payment for Related Learning Experience Fee (RLEF) without issuing official receipts and misappropriating the same, and to establish with certainty the total amount collected; e) The Office of the Deputy Ombudsman for Luzon is hereby directed to refer to the Civil Service Commission the administrative aspect of the charges relating to nepotism, appointment, assignment/designation, transfer of personnel, and performance evaluation ratings; f) The Office of the Deputy Ombudsman for Luzon is also ordered to immediately conduct a fact-finding investigati