THIRD DIVISION
[G.R. No. 236158. March 5, 2018.]
LT. COL. SEIGRED J. ESPINA, petitioner,vs. OFFICE OF THE OMBUDSMAN AND MONASER MANGUNDATO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedMarch 5, 2018, which reads as follows: ATICcS
"G.R. No. 236158 (Lt. Col. Seigred J. Espina v. Office of the Ombudsman and Monaser Mangundato) — The Court INFORMS petitioner that he or his authorized representative may claim from the Cash Disbursement and Collection Division of this Court the excess payment of the prescribed legal fees in the amount of P270.00 under O.R. No. 0200552 dated January 15, 2017.
After considering the allegations, issues, and arguments adduced in the Petition for Certiorari1 assailing the Office of the Ombudsman's July 6, 2016 Joint Resolution 2 and June 14, 2017 Joint Order 3 in OMB-P-C-13-0117 and OMB-P-A-13-0149, this Court resolves to DISMISS the petition for failure to show grave abuse of discretion on the part of the Office of the Ombudsman in issuing the assailed Joint Resolution and Joint Order.
However, this Court MODIFIES the dispositive portion of the assailed Joint Resolution to read as follows:
WHEREFORE, there being probable cause, let the attached Information for Robbery as defined under Article 294, paragraph 5 of the Revised Penal Code be FILED in court against LT. COL. SEIGFRED J. ESPINA (a.k.a. Lt. Col. Seigred J. Espina), a.k.a. LUSARIO, a.k.a. BALIENTE, a.k.a. MJ TANGOTE and other JOHN DOES, all members of the 65th Infantry Battalion, Philippine Army.
Lt. Col. Seigred J. Espina is likewise found GUILTY of Grave Misconduct and is hereby meted the penalty of DISMISSAL from service, including the accessory penalties of forfeiture of retirement benefits, cancellation of eligibility, and perpetual disqualification for re-employment in the government service.
In the event that the penalty of dismissal can no longer be enforced due to Lt. Col. Seigred J. Espina's separation from service, the alternative penalty of FINE in an amount equivalent to his salary for one (1) year shall be imposed, and may be deductible from his accrued leave credits, or any receivable from his office, in addition to the accessory penalties of forfeiture of retirement benefits, cancellation of eligibility, and perpetual disqualification to hold public office.
For lack of proper identity, the administrative complaint against a.k.a. LUSARIO, a.k.a. BALIENTE, a.k.a. MJ TANGOTE and other JOHN DOES is DISMISSED without prejudice to its refiling if warranted.
By reason of his death, the criminal and administrative complaints against BGEN. DANIEL A. LUCERO are DISMISSED.
Let a copy of this Joint Resolution be endorsed to the Executive Secretary, Office of the President, and to the Department of National Defense Secretary for implementation of the administrative penalty imposed herein.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 4-17.
2.Id. at 18-27. The Joint Resolution was penned by Graft Investigation and Prosecution Officer Rolando W. Cervantes, concurred in by Director Dennis L. Garcia, reviewed by Acting Assistant Ombudsman Maria Corazon A. Arancon, recommended for approval by Deputy Ombudsman for the Military and Other Law Enforcement Offices Cyril E. Ramos, and approved by Ombudsman Conchita Carpio-Morales.
3.Id. at 28-34. The Joint Order was penned by Graft Investigation and Prosecution Officer Rolando W. Cervantes, reviewed by Acting Assistant Ombudsman Dennis L. Garcia, recommended for approval by Deputy Ombudsman for the Military and Other Law Enforcement Offices Cyril E. Ramos, and approved by Ombudsman Conchita Carpio-Morales.