FIRST DIVISION
[G.R. No. 215178. December 10, 2014.]
JIMMY C. BONDAD, petitioner,vs. PSSUPT. ELMO FRANCIS SARONA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedDecember 10, 2014which reads as follows: HSAcaE
"G.R. No. 215178 (Jimmy C. Bondad v. PSSupt. Elmo Francis Sarona). — After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the April 29, 2014 and October 31, 2014 Resolutions 1 of the Court of Appeals (CA) in CA-G.R. SP No. 129746 for failure of Jimmy C. Bondad (petitioner) to sufficiently show that the CA committed any reversible error in affirming the dismissal of the criminal and administrative charges he filed against respondent PSSupt. Elmo Francis Sarona for lack of merit.
As a general rule, the Court does not interfere with the Office of the Ombudsman's exercise of its investigative and prosecutorial powers. 2 However, the Ombudsman's finding as to whether or not probable cause exists cannot escape judicial scrutiny where there is grave abuse of discretion, which the Court finds to be absent in this case. As such, the dismissal of the charges against respondent must perforce be upheld.
SO ORDERED."BERSAMIN, J., on official leave; REYES, J., designated acting member per S.O. No. 1892 dated November 28, 2014. PEREZ, J., on official leave; CARPIO, J., designated acting member per S.O. No. 1899 dated December 3, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.Rollo, pp. 24-30 and 31-34, respectively. Penned by Associate Justice Myra V. Garcia-Fernandez with Associate Justices Fernanda Lampas Peralta and Francisco P. Acosta, concurring.
2.Araullo v. Office of the Ombudsman, G.R. No. 194157, July 30, 2014.