FIRST DIVISION
[G.R. No. 238559. June 25, 2018.]
ROLAN GALACGAC BLABAGNO AND RANDY BUENAVIDES TESTA, petitioners,vs. THE OFFICE OF THE OMBUDSMAN-MINDANAO, JERRY P. MARMONEJO, MAURA G. PENDON, RAUL D. GAZO, ROWENA A. CAPITAN, CESAR F. LAGUNDAY, ENRIQUE H. PALMA, HERMINIGILDO S. DURILAG, JR., AND MARCELINO P. BEBELONE, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated June 25, 2018which reads as follows: AScHCD
"G.R. No. 238559 — Rolan Galacgac Blabagno and Randy Buenavides Testa vs. The Office of the Ombudsman-Mindanao, Jerry P. Marmonejo, Maura G. Pendon, Raul D. Gazo, Rowena A. Capitan, Cesar F. Lagunday, Enrique H. Palma, Herminigildo S. Durilag, Jr., and Marcelino P. Bebelone
After carefully reviewing the allegations, issues, and arguments adduced in the instant Petition for Certiorari, the Court resolves to DISMISS the same for the following reasons: (1) lacks P300.00 for deposit for Sheriff's fee since the amount remitted was only P4,530.00 and (2) failure of the petitioners to show that the Office of the Ombudsman acted with grave abuse of discretion in issuing its Resolution dated November 28, 2017 and Order dated January 12, 2018 in OMB-M-C-17-0117. On the contrary, they are in accord with the facts and the applicable laws and jurisprudence.
This Court will not pre-empt a criminal prosecution especially after the Office of the Ombudsman has found probable cause to charge petitioners with Falsification under Article 171, Paragraph 2 of the Revised Penal Code. As a general rule, this Court does not interfere with the exercise of the Office of the Ombudsman's constitutional mandate to determine whether there is probable cause to warrant the filing of a criminal case against an accused. The determination of the existence of probable cause is a factual matter that requires probing into the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he or she will be prosecuted. Since this Court is not a trier of facts, it would be more prudent to defer to the sound judgment of the Office of the Ombudsman who is in a better position to make a prima facie assessment of the presence of the elements of the crime charged. Besides, the grounds and issues raised by the petitioners are matters of defense which can be ventilated in a full blown trial on the merits. cEaSHC
ACCORDINGLY, the Court resolves to DISMISS the instant Petition for Certiorari.
SO ORDERED."Leonardo-De Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson of the First Division per Special Order No. 2562 dated June 20, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court