SECOND DIVISION
[G.R. No. 240268. August 13, 2018.]
NORIELYN R. ALAJAS, 1petitioner,vs. OFFICE OF THE OMBUDSMAN, OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES, P/SUPT. ROMY I. PALGUE, P/SINSP. NEFRE T. ACASO, P/INSP. AGUSTIN M. NAVARRO, P/INSP. MARISAN LIZA ESTRADA,2SPO4 REY SUELLO, SPO2 VANESSA DELA CENA, PO3 ELSA B. SUMAMPONG, PO3 RACHEL A. GONZAGA,3AND ANGELINA A. GALICIA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated13 August 2018which reads as follows: HCaDIS
"G.R. No. 240268 (Norielyn R. Alajas v. Office of the Ombudsman, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices, P/Supt. Romy I. Palgue, P/SInsp. Nefre T. Acaso, P/Insp. Agustin M. Navarro, P/Insp. Marisan Liza Estrada, SPO4 Rey Suello, SPO2 Vanessa Dela Cena, PO3 Elsa B. Sumampong, PO3 Rachel A. Gonzaga, and Angelina A. Galicia)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 4 and AFFIRM the May 3, 2017 Joint Resolution 5 and March 7, 2018 Joint Order 6 of the respondent Office of the Ombudsman (Ombudsman) in OMB-P-C-15-0685 and OMB-P-A-15-0815 for failure of petitioner Norielyn R. Alajas (petitioner) to sufficiently show that the Ombudsman gravely abused its discretion in dismissing the criminal and administrative charges for insufficiency of evidence.
As the Ombudsman correctly ruled, petitioner's husband, Police Officer 2 Allan P. Alajas (PO2 Alajas), failed to prove his allegations to establish probable cause. 7 It found that the arresting officers filed the Information for Grave Threats, in relation to Republic Act No. 7610, 8 otherwise known as the "Special Protection of Children against Abuse, Exploitation and Discrimination Act," against PO2 Alajas within the 36-hour allowable time under Article 125 9 of the Revised Penal Code because, based on jurisprudence, 10 Sundays are excluded in the computation of the periods. 11 Considering that PO2 Alajas was detained in the afternoon of August 1, 2015 (Saturday), and the said Information was filed against him on August 3, 2015 (Monday), 12 excluding August 2, 2015 (Sunday) in the computation, the same was still filed within the 36-hour period. Absent any showing of grave abuse of discretion, the Court adheres to the policy of non-interference as regards the Ombudsman's determination of probable cause, 13 as in this case.
On the administrative charge, the Ombudsman correctly held that the presumption of regularity in the performance of official duties of herein respondents P/Supt. Romy I. Palgue, P/SInsp. Nefre T. Acaso, P/Insp. Agustin M. Navarro, P/Insp. Marisan Liza Estrada, SPO4 Rey Suello, SPO2 Vanessa Dela Cena, PO3 Elsa B. Sumampong, and PO3 Rachel A. Gonzaga must be upheld because PO2 Alajas presented no positive and unequivocal evidence to support his complaint. 14 AHCETa
SO ORDERED." (CAGUIOA, J., on official leave)
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Petitioner is the wife of initial complainant Police Officer 2 Allan Alajas, who died on December 28, 2016; see rollo, p. 83.
2. Referred to as "P/SInsp. Marisan Liza Estrada" in their Joint Counter Affidavit; see id. at 250.
3. Referred to as "SPO1 Rachel A. Gonzaga" in their Joint Counter Affidavit; id.
4.Id. at 3-72.
5.Id. at 73-81. Issued by Graft Investigation and Prosecution Officer Riza S. Fernandez, recommended for approval by Acting Assistant Ombudsman Dennis L. Garcia, and approved by Deputy Ombudsman for the Military and Other Law Enforcement Offices Cyril E. Ramos.
6.Id. at 125-128.
7.Id. at 77.
8. Entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," (June 17, 1992).
9. Article 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties provided in the next preceding articles shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: x x x thirty-six (36) hours for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.
10. See Soria v. Desierto, 490 Phil. 749, 754 (2005).
11. See rollo, p. 78.
12. See id. at 76.
13. See Soriano v. Fernandez, 767 Phil. 226, 239-240 (2015).
14. See rollo, p. 79.