SECOND DIVISION
[G.R. No. 236250. March 5, 2018.]
ALEJANDRO N. ABARRATIGUE, petitioner,vs. MARITA N. ABARRACOSO AND MARIBETH S. ABINA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 March 2018which reads as follows: HTcADC
"G.R. No. 236250 (Alejandro N. Abarratigue v. Marita N. Abarracoso and Maribeth S. Abina)
After a judicious study of the case, the Court resolves to DISMISS the instant petition and AFFIRM the July 10, 2015 1 and August 10, 2017 2 Joint Orders of the Office of the Ombudsman (Ombudsman) in OMB-V-C-11-0069-B and OMB-V-C-11-0522-I for failure of petitioner Alejandro N. Abarratigue (petitioner) to sufficiently show that the Ombudsman gravely abused its discretion in finding probable cause to indict him for two (2) counts of violation of Section 3 (e) 3 of Republic Act No. 3019. 4
No grave abuse of discretion can be imputed against the Ombudsman when it found probable cause against petitioner for the above-stated crime, considering the prima facie showing that manifest partiality and evident bad faith attended his act of reassigning respondents Marita N. Abarracoso and Maribeth S. Abina (respondents) to other work stations in far-flung barangays, which entailed several months of hardship and difficulties in going to and from their new place of work, financial dislocation compounded by his deliberate failure to pay them their salaries and benefits, and ultimately dropping them from the rolls, thereby causing them undue injury.
Notably, petitioner's arguments against the assailed Ombudsman ruling (including the alleged violation of his right to speedy disposition of cases) are not only matters of defense, but also entail a determination of factual issues which are best left for the trial court to pass upon.
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 34-41. Signed by Graft Investigation and Prosecution Officer I Irish Inabangan Amores and approved by Ombudsman Conchita Carpio-Morales; approved on June 29, 2016.
2.Id. at 47-51. Signed by Graft Investigation and Prosecution Officer III Luanne Ivy M. Cabatingan and approved by Ombudsman Conchita Carpio-Morales; approved on October 2, 2017.
3. SEC. 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
xxx xxx xxx
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
4. Entitled the "ANTI-GRAFT AND CORRUPT PRACTICES ACT"; approved on August 17, 1960.