FIRST DIVISION
[G.R. No. 240293. August 15, 2018.]
FERDINAND AMANTE, JR., petitioner,vs. OFFICE OF THE OMBUDSMAN AND NATIONAL BUREAU OF INVESTIGATION CARAGA REGIONAL OFFICE, REP. BY DIR. CELSO G. GINGA, AND THE SANDIGANBAYAN, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 15, 2018which reads as follows: HTcADC
"G.R. No. 240293 (Ferdinand Amante, Jr. v. Office of the Ombudsman and National Bureau of Investigation CARAGA Regional Office, rep. by Dir. Celso G. Ginga, and the Sandiganbayan). — The motion for extension of time to file a petition for certiorari filed by petitioner Ferdinand Amante, Jr. is GRANTED.
After review, the Court resolves to DISMISS the petition for failure to sufficiently show that the Office of the Ombudsman (Ombudsman) committed grave abuse of discretion amounting to lack or excess of jurisdiction when it issued the Orders dated October 11, 2017 and March 8, 2018. The function of determining what is sufficient evidence to establish probable cause is the job of the Ombudsman. Except in cases where there is grave abuse of discretion in the exercise of its discretion, which is absent in the instant case, this Court has adopted a policy of non-interference in the exercise of the Ombudsman's constitutionally mandated powers on this matter. 1
WHEREFORE, the Orders dated October 11, 2017 and March 8, 2018 of the Office of the Ombudsman in OMB-M-C-15-0471 are hereby AFFIRMED.
The letter dated July 20, 2018 of Atty. Kurt Chino Alajas Montero of FM Law, counsel for petitioner, stating that a petition for certiorari and prohibition was filed through registered mail on July 17, 2018 and submitting the compact disc containing the soft copies of the petition, its annexes and verified declaration, is NOTED; and the Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P170.00 under O.R. No. 0215544-SC-EP dated July 19, 2018.
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. aScITE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Brito v. Office of the Deputy Ombudsman for Luzon, G.R. Nos. 167335 & 167337, July 10, 2007, 527 SCRA 215, 231.