G.R. Nos. 164166 & 164173-80 - RODOLFO S. DE JESUS, VS. HON. SANDIGANBAYAN AND OFFICE OF THE OMBUDSMAN.DECISION - Supreme Court E-Library

Ruling

Accordingly, where the finding of the Ombudsman as to the existence of probable cause is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, we have held that while there is no appeal, the aggrieved party may file a petition for certiorari under Rule 65. [16] Considering the circumstances of this case, we find for petitioner. It appears that petitioner, under Office Order No. 205.01 dated September 25, 2001, was "authorized under delegated authority to act on and sign for and in behalf of the Administrator" documents, including appointment papers "previously cleared/approved in writing by the Administrator, or by the Board of Trustees, as the case may be." [17] In a letter [18] dated August 27, 2001, Administrator Lorenzo Jamora requested authority from the Department of Budget and Management (DBM) to hire the confidential staff of the members of the Board of Trustees (Board). Pending approval of the DBM, Jamora issued Inter-Office Memorandum dated October 23, 2001, directing the payment of salaries and allowances of his confidential staff Ma. Susana G. Facto and Jesusito R. Toren, appointed on October 10, 2001 and October 15, 2001, respectively, with the undertaking that in case the DBM or the Commission on Audit disallowed the payment, it shall be "his personal responsibility or accountability." [19] The LWUA received a letter [20] from the DBM on December 11, 2001 which approved the hiring of the confidential staff of the members of the Board. On December 11, 2001, Chairman of the Board Francisco Dumpit issued a memorandum [21] appointing, effective August 20, 2001, Michael M. Raval and Ma. Geraldine Rose D. Buenaflor. On the same date, members of the Board Bayani Dato, Sr. and Solomon Badoy issued their respective memoranda appointing Albino G. Valenciano, Jr., effective August 20, 2001; [22] and Kristina Joy T. Badoy and Noelle Stephanie R. Badoy, effective June 19, 2001, [23] respectively. On December 18, 2001, Normando Toledo, also a member of the Board, issued a memorandum [24] appointing, effective August 20, 2001, Marc Anthony S. Verzosa and Ma. Lourdes M. Manaloto. Consequently, petitioner and Parungao prepared, approved and signed the appointment papers, that is, CSC Form No. 33, bearing retroactive dates of appointment. Thereafter, Jamora issued a memorandum [25] dated December 20, 2001 ordering the release of back salaries and other remunerations of the Board's confidential staff. The members of the Board issued certifications on their confidential staff's dates of assumption of office. However, another set of CSC Form No. 33 relating to the nine aforementioned appointees was prepared with December 12, 2001 as the date of appointment to comply with the CSC reportorial requirement under Section 11, Rule V of the CSC Omnibus Rules. [26] The Ombudsman allegedly found a prima facie case of falsification of public documents under Article 171, par. 4 of the Revised Penal Code against petitioner because he p