G.R. No. 232737 - PEOPLE OF THE PHILIPPINES, VS. HON. SANDIGANBAYAN (SECOND DIVISION) AND RICO REY S. HOLGANZA,*.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, there being probable cause to engender a well-founded belief that a violation of Sec. 3(e) of the Anti-Graft Law may have been committed, and that respondents Alvin B. Garcia, Laurito M. Malinao, Rodolfo Cabrera, Rico Rey F. Holganza, Eustaquio B. Cesa, and Pura Cimafranca, being members of the PBAC, as well as Mr. Noel B. Artes, Head of the DWUP, are probably guilty thereof, let the corresponding information be filed in the Sandiganbayan. Likewise, there being probable cause to engender a well-founded belief that a violation of Sec. 3(f) of RA 3019 had been committed and that respondent Alvin Garcia is probably guilty thereof, let the corresponding information be filed in the Sandiganbayan. As to the other respondents, the case against them is hereby dismissed for lack of probable cause. SO RESOLVED. [15] On June 20, 2005, then Ombudsman Simeon V. Marcelo approved the Resolution with a handwritten notation " as modified by OLA Memo dated 8 Oct . xxx [illegible]." [16] This notation pertained to the Ombudsman's Office of Legal Affairs (OLA) Memorandum dated October 8, 2004 recommending that insofar as the violation of Section 3(f) is concerned against Mayor Garcia, the same should be modified to Section 3(g) of R.A. No. 3019. [17] Nevertheless, the filing of information did not come to pass as then Ombudsman Marcelo, in the meantime, resigned without the Resolution having been finalized. When then Ombudsman Merceditas Gutierrez (Ombudsman Gutierrez) assumed post, the Resolution allegedly underwent another hierarchy of review. When Ombudsman Gutierrez resigned in 2011 and then Ombudsman Conchita Carpio Morales (Ombudsman Carpio Morales) took her place, the Resolution supposedly underwent another review. [18] On October 16, 2012, Graft Investigation and Prosecution Officer issued a Review recommending the filing of the information against the respondents, as follows: [19] WHEREFORE, premises considered, it is respectfully recommended that [Information] be immediately FILED (1) against respondents Mayor Alvin B. Garcia, Laurito M. Malinao, Rodolfo Cabrera, Rico Rey F. Holganza, Eustaquio B. Cesa and Pura Cimafranca for violation of Sec. 3(e) of R[A] 3019; (2) against respondent Noel B. Artes for violation of Sec. 3(e) of R[A] 3019; and (3) against respondent Mayor Alvin B. Garcia for violation of Sec. 3(g) of RA 3019). [20] Finally, on May 31, 2013, Ombudsman Carpio Morales approved the information which were filed before the Sandiganbayan on June 24, 2013. The accusatory portion of the Information for violation of Section 3(e) of R.A. No. 3019, docketed as SB-13-CRM-0737, is as follows: SB-13-CRM-0737 That on or about the 23 rd day of January 1997, or sometime prior or subsequent thereto, in Cebu City, Philippines, and within the jurisdiction of this Honorable [C]ourt, above-named accused ALVIN B. GARCIA, being then the City Mayor of Cebu City, LAURITO M. MALINAO, RODOLFO V. CABRERA, RICO REY F. HOLGANZA being then t