SECOND DIVISION
[G.R. No. 234705. November 20, 2017.]
PSUPT. EDUARDO P. ACIERTO, petitioner,vs. HON. SANDIGANBAYAN, SIXTH [6TH] DIVISION, AND THE PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE SPECIAL PROSECUTOR, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2017which reads as follows: HTcADC
"G.R. No. 234705 (PSupt. Eduardo P. Acierto v. Hon. Sandiganbayan, Sixth [6th] Division, and the People of the Philippines, represented by the Office of the Special Prosecutor)
After a judicious study of the case, the Court resolves to DISMISS the instant petition for certiorari for failure of petitioner PSupt. Eduardo P. Acierto (petitioner) to sufficiently show that the Sandiganbayan (SB) committed grave abuse of discretion in rendering its June 21, 2017 1 and August 29, 2017 2 Resolutions in SB-16-CRIM-0271 denying petitioner's motion to drop him as defendant in the criminal case in view of the dismissal of the administrative case against him which involves the same facts and evidence.
As correctly ruled by the SB, the dismissal of petitioner's administrative case is not a ground to dismiss the criminal complaint for the same or similar acts subject of the administrative complaint. 3 It bears stressing that the basis of administrative liability differs from criminal liability, and the issue of whether petitioner acted with manifest partiality, evident bad faith and/or gross inexcusable negligence, which constitutes an essential element of the crime under Section 3 (e) of Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practices Act," has yet to be proven in the criminal case before the SB. Neither can the finding of good faith on the part of petitioner by the Court of Appeals in the administrative case be deemed as stare decisis or res judicata. The principle of stare decisis applies only to rulings of this Court, while the doctrine of res judicata refers to civil cases and has no bearing in the criminal proceeding before the SB. 4
SO ORDERED. (REYES, JR., J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 67-72. Penned by Associate Justice Rodolfo A. Ponferrada with Associate Justices Michael Frederick L. Musngi and Lorifel L. Pahinma concurring.
2.Id. at 74-78.
3.Ferrer, Jr. v. Sandiganbayan, 572 Phil. 244, 252 (2008).
4.Tecson v. Sandiganbayan, 376 Phil. 191, 198 (1999).