FIRST DIVISION
[G.R. No. 239262. August 1, 2018.]
RUDERIC C. MARZO, petitioner, vs. CELSO G. REGENCIA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:
"G.R. No. 239262 (Ruderic C. Marzo v. Celso G. Regencia). — The motion for extension of time to file petition for review filed by petitioner is GRANTED.
After review, the Court resolves to DENY the petition for failure of petitioner to show any reversible error in the assailed ruling. We agree with the Court of Appeals (CA) that respondent correctly availed of the remedy of petition for certiorari and prohibition in questioning the March 29, 2017 Order of the Office of the Ombudsman (OMB). The challenged OMB Order is a patent nullity. Under Section 7, Rule III of Administrative Order No. 7 of the OMB, a decision of the OMB absolving the respondent of an administrative charge is final and unappealable. Hence, the OMB clearly violated its own rules when it gave due course and granted petitioner's motion for reconsideration of its May 17, 2016 Joint Resolution, exonerating respondent from the charge of grave misconduct.
Similarly, the CA did not err in relaxing the procedural rules in this case. The primary function of procedural rules is to pursue and not defeat the ends of justice. The circumstances of this case present compelling reasons to disregard respondent's procedural lapse. cSEDTC
WHEREFORE, premises considered, the petition is DENIED. The February 15, 2018 Decision and May 10, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 08088-MIN are hereby AFFIRMED.
The Court further resolves to require the counsel of the petitioner to SUBMIT within five (5) days from notice hereof: (a) the petition with a clearly legible duplicate original or a certified true copy of the assailed Decision and Resolution certified by the Clerk of Court of the Court of Appeals, pursuant to Secs. 4 (d) and 5, Rule 45 in relation to Sec. 5 (d), Rule 56, 1997 Rules of Civil Procedure, as amended; (b) the updated PTR Number showing proof of payment of IBP dues and professional tax for the current year as required under Bar Matter No. 1132; and (c) the MCLE Certificates of Compliance Number or Certificates of Exemption, the date of issuance of counsel's MCLE Compliance IV as required under Bar Matter No. 1132.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. AIDSTE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court