G.R. NO. 135687 -

Ruling

Accordingly, the Committee found the loan accounts of the above-mentioned three corporations as behest loans. The Committee submitted its report to President Ramos who instructed then PCGG Chairman Magtanggol Gunigundo, sitting as the Committee's ex-officio Chairman, to file the necessary charges against the DBP Chairman and members of the Board of Directors, the former PNB President and former NIDC General Manager, together with the respective stockholders/officers of the three corporations. Subsequently, the Sworn Statements of Salvador were used by the Committee as its bases in filing separate complaints with the Office of the Ombudsman against herein private respondents for alleged violation of the provisions of Sections 3 (e) [3] and (g) [4] of Republic Act (R.A.) No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. The complaint against respondents Lorenzo N. Salcedo and Josephine S. Garcia, stockholders of PRGS; and Wenceslao Pascual, Gaudencio Viduya, Julia D. Macuja, Placido L. Mapa, Jr., Jose Teves, Alejandro Melchor, Recio Garcia, Rafael Sison, Cesar Zalamea, Don M. Perry and Rolando Soza, then officers and members of the Board of Directors of DBP, is docketed as OMB-0-96-2643. The complaint against Ricardo Silverio, Sr., Ricardo Silverio, Jr., and Ricardo S. Tangco, stockholders of Golden River; and Placido Mapa, Jose de Ocampo, Recio Garcia, Jose Tengco, Jr., Rafael Sison, Jose de Ocampo, Jose R. Tengco, Alice L. Reyes, Cesar Zalamea, Don Perry and Rolando M. Soza, then officers and members of the Board of Directors of DBP, is docketed as OMB-0-96-2644. The complaint against Panfilo O. Domingo, then PNB President; Conrado S. Reyes, then NIDC General Manager; and Conrado Calalang. Antonio M. Gonzales, Norberto L. Villarama, Sene B. dela Costa, Antonio O. Mendoza, Jr. and Ignacio C. Bertumen, officers and stockholders of Filcarbon, is docketed as OMB-0-96-2645. Subsequently, the three aforementioned cases were consolidated by the Office of the Ombudsman. In his assailed Order of July 6, 1998, the Ombudsman, upon the recommendation of the Evaluation and Preliminary Investigation Bureau, dismissed the complaints against herein respondents. The Ombudsman ruled that, except with respect to the two loan transactions entered into by Golden River in 1982, all the offenses alleged by the Committee as having been committed by herein respondents had already prescribed under the provisions of Section 11 of R.A. No. 3019. As to the two 1982 transactions of Golden River, the Ombudsman found that, contrary to the claims of herein petitioner, the loan accounts obtained by the said corporation have sufficient collaterals. Petitioner filed a Motion for Reconsideration but the Ombudsman denied it in its Order dated August 31, 1998. Hence, herein petition. Petitioner contends that the Ombudsman erred in dismissing, motu proprio , the three complaints without first requiring respondents to submit their counter-affidavits and petitioner t