THIRD DIVISION
[G.R. No. 199086. February 8, 2012.]
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated 08 February 2012, which reads as follows:
G.R. No. 199086(Philbert I. Iturralde, Sr. and Marcelia C. Iturralde v. Office of the Ombudsman, Winston F. Garcia, et al.).
RESOLUTION
The Court, after a review of the records, resolves to DISMISS the petition for failure to show that the Office of the Ombudsman gravely abused its discretion when it dismissed the criminal and administrative complaint against respondents. Aside from dismissing the complaint on the ground that petitioners have an adequate remedy before the RTC of Quezon City where their complaint for specific performance and damages is still pending, the Ombudsman evaluated the merits of the complaint before it. The Ombudsman found that the allegation of estafa has no basis since the Plan is a legitimate program of the GSIS. Furthermore, it is GSIS itself and not its officials which has the duty to comply with the payment of petitioners' benefits under the Plan.
SO ORDERED.
Very truly yours,
(SGD.) LUCITA ABJELINA-SORIANODivision Clerk of Court
Footnotes
*In line 2: "Court of Appeals" changed to "Office of the Ombudsman".