SECOND DIVISION
[G.R. No. 241190. September 10, 2018.]
FARMERS OF STA. CRUZ, ZAMBALES: EDUARDO RAVANA MIRADOR, MARIANO BUCAT CORPUZ, EFREN MISOLES, AND ANSELMA S. CORPUZ, petitioners, vs. THE HONORABLE OMBUDSMAN AND DANILO UYKIENG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 September 2018which reads as follows: cDTACE
"G.R. No. 241190 (Farmers of Sta. Cruz, Zambales: Eduardo Ravana Mirador, Mariano Bucat Corpuz, Efren Misoles, and Anselma S. Corpuz v. The Honorable Ombudsman and Danilo Uykieng)
After a judicious study of the case, the Court resolves to DISMISS the petition 1 and AFFIRM the February 5, 2018 Joint Resolution 2 and the April 25, 2018 Joint Order 3 of respondent the Office of the Ombudsman (Ombudsman) in OMB-L-C-17-0211 and OMB-L-A-17-0219 for failure of petitioners Farmers of Sta. Cruz, Zambales: Eduardo Ravana Mirador, Mariano Bucat Corpuz, Efren Misoles, and Anselma S. Corpuz (petitioners) to sufficiently show that the Ombudsman gravely abused its discretion in finding that no probable cause exists to charge respondent Danilo Uykieng (Uykieng) with violations of Section 3 (e) of Republic Act No. (RA) 3019, 4 Article 208 5 of the Revised Penal Code, and Section 4 (A) (a), (b), and (e) 6 of RA 6713, 7 otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees," as well as in dismissing the administrative charge of Gross Neglect of Duty for lack of substantial evidence.
As correctly found by the Ombudsman, Uykieng duly acted on the concerns raised by petitioners regarding the damage to portions of farmlands, creeks, and rivers in Sta. Cruz, Zambales which was caused by the unsystematic mining practices of Benguet Corp. Nickel Mines, Inc./DMCI Mining Corp., Eramen Minerals, Inc., Filipinas Mining Corp./LNL Archipelago Minerals, Inc., and Zambales Diversified Metals Corp. As such, Uykieng cannot be said to have acted with manifest partiality, evident bad faith and/or gross inexcusable negligence. 8 Moreover, any delay in the payment of damages to the affected farmers cannot be attributed to Uykieng, having no direct responsibility in the grant thereof. It bears to stress that courts do not interfere in the Ombudsman's exercise of discretion in determining probable cause, unless there are compelling reasons. The Ombudsman's finding of probable cause, or lack of it, is entitled to great respect absent a showing of grave abuse of discretion, 9 as in this case. cCHITA
SO ORDERED." (CARPIO, J., on official leave; PERLAS-BERNABE, J., designated as Acting Chairperson per S.O. 2592 dated September 5, 2018; REYES, J., JR., J., designated as Additional Member per S.O. No. 2587 dated August 28, 2018)
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-31.
2.Id. at 33-46. Approved by Deputy Ombudsman for Luzon Gerard A. Mosquera.
3.Id. at 47-50.
4. Entitled the "ANTI-GRAFT AND CORRUPT PRACTICES ACT," approved on August 17, 1960.
5. Article 208. Prosecution of offenses; negligence and tolerance. — The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.
6. Section 4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:
(a) Commitment to public interest. — Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. — Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
xxx xxx xxx
(e) Responsiveness to the public. — Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
7. Entitled "AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES," approved on February 20, 1989.
8. See rollo, pp. 41-42.
9.Cam v. Casimiro, 762 Phil. 72, 88 (2015).