EN BANC
[G.R. No. 179752. January 21, 2014.]
FRANCISCO I. CHAVEZ, petitioner, vs. MERCEDITAS N. GUTIERREZ, IN HER CAPACITY AS OMBUDSMAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated JANUARY 21, 2014, which reads as follows:
"G.R. No. 179752 (Francisco I. Chavez v. Merceditas N. Gutierrez, in her capacity as Ombudsman). — Before the Court is this petition for mandamus1 that petitioner Francisco I. Chavez filed against Ombudsman Merceditas N. Gutierrez to compel her to act on four separate complaints for plunder and other crimes that Chavez filed with the Office of the Ombudsman (OMB) in 2004 as follows:
1. CPL-C-04-0962 — against President Gloria Macapagal-Arroyo, former Agriculture Secretary Luis Lorenzo, Jr., Emilia Boncodin, Mario Relampagos, Nora Oliveros, Jocelyn "JocJoc" Bolante, and four other John and Jane Does in connection with what was known as the "Fertilizer Fund Scam."
2. CPL-C-04-1030 — against President Gloria Macapagal-Arroyo, Luis Lorenzo, Jr., Emilia Boncodin, Mario Relampagos, Nora Oliveros, Jocelyn "JocJoc" Bolante, as well as Ibarra Poliquit, Jimmy Paule, Rose Lingan-Florendo, Leni Aquino, and Jane Fabian. This complaint involved P1.1 billion that was denominated as "rice, corn and livestock maintenance and operating expenses" in connection with the "Ginintuang Masaganang Ani" program of the former President. TEacSA
3. CPL-C-04-1166 — against President Gloria Macapagal-Arroyo, Dodie Limcaoco, Agriculture Secretary Arthur Yap, Luisito Lorenzo, Jr., Ephraim Genuino, and Manuel Dayrit. This complaint relates to "Oplan Mercury" which involved public funds amounting to P200 million allegedly sourced from various government agencies for use in President Arroyo's 2004 presidential bid.
4. CPL-C-04-1308 — against President Gloria Macapagal-Arroyo, Virgilio Angelo, Francisco Duque III, and Alberto Romulo. This concerns the alleged diversion of more than P600 million from the Overseas Workers Welfare Administration Fund and used for alleged political and other unrelated purposes.
On July 5, 2011 the Court issued a Resolution 2 ordering the Office of the Ombudsman to submit a detailed report on the status of the abovementioned cases. In response, that office submitted a Compliance 3 dated August 16, 2011. IHCSTE
Apparently, CPL-C-04-0962 and CPL-C-04-1030 were consolidated but, since they covered several individual transactions, they were spliced and redocketed as three sets of cases. The first set consists of OMB-C-A-08-0482-I, OMB-C-A-08-0483-I, and OMB-C-A-10-0054-B, which were decided by the investigating officer on March 18, 2011 4 and approved by the OMB on April 14, 2011. The second set consists of OMB-C-C-08-0448-I, OMB-C-C-08-0449-I, OMB-C-C-08-0450-I, and OMB-C-C-10-0053-B, which were also decided on March 18, 2011 5 and approved on April 14, 2011. A third set, consisting of OMB-C-A-11-0208 to 0224-E and OMB-C-C-11-0205 to 0222-E, had remained under preliminary investigation and administrative adjudication by the OMB as of August 16, 2011.
On the other hand although the Field Investigation Office of the OMB had already submitted its investigation report covering CPL-C-04-1166, the case has been pending review as of August 16, 2011 by the Office of the Overall Deputy Ombudsman.
Finally, on September 10, 2007 the OMB had ordered CPL-C-04-1308 Closed and Terminated per investigation report dated July 25, 2006 and approved on September 10, 2007.
Meantime, respondent Merceditas N. Gutierrez, who had been sued in her capacity as Ombudsman, resigned from her post effective May 6, 2011. 6 On the other hand, on September 11, 2013 petitioner Chavez passed away. 7 With Chavez, the party seeking by mandamus the immediate resolution of the cases, already deceased and with Gutierrez no longer in a position to do what Chavez had demanded of her, the action may be deemed moot and academic.
WHEREFORE, the Court DISMISSES this action on ground of mootness." (adv76) TAECSD
Very truly yours,
(SGD.) ENRIQUETA E. VIDALClerk of Court
Footnotes
1. Rollo, pp. 3-24.
2. Id. at 1038-1039.
3. Id. at 1054-1063.
4. Id. at 1057-1059.
5. Id. at 1059-1061.
6. http://www.gmanetwork.com/news/story/219089/news/nation/statement-of-ombudsman-merceditas-gutierrez (last accessed December 26, 2013).
7. http://newsinfo.inquirer.net/485911/frank-chavez-passes-away-66 (last accessed November 28, 2013).