SECOND DIVISION
[G.R. No. 243594. February 18, 2019.]
FLORANTE A. ORATA, petitioner,vs. ESTER G. CASAYURAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 18 February 2019 which reads as follows:
"G.R. No. 243594 (Florante A. Orata v. Ester G. Casayuran)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the August 6, 2018 Decision 2 and the December 13, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 150664 for failure of petitioner Florante A. Orata (petitioner) to sufficiently show that the CA committed any reversible error in upholding the factual and legal conclusions of the Ombudsman (OMB) finding him guilty of Grave Misconduct and ordering his dismissal from service.
As correctly ruled by the CA, petitioner's act of soliciting and receiving money from private respondent Ester G. Casayuran to expedite her free patent title application constitutes Grave Misconduct. 4 Besides, petitioner's belated motion for reconsideration 5 from the OMB's Decision 6 has rendered said Decision final and incapable of review. It is settled that the findings of the OMB, when supported by substantial evidence, should be deemed conclusive, 7 as in this case.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-18.
2.Id. at 22-33. Penned by Associate Justice Stephen C. Cruz with Presiding Justice Romeo F. Barza and Associate Justice Carmelita Salandanan Manahan, concurring.
3.Id. at 34-36.
4. See id. at 30.
5. Not attached to the rollo but referenced in the CA Decision; rollo, p. 28.
6. Dated January 23, 2017. Not attached to the rollo but referenced in the CA Decision; rollo, pp. 22-23. Penned by Graft Investigation and Prosecution Officer III Albert S. Almojuela.
7.Cabalit v. Commission on Audit-Region VII, 679 Phil. 138, 157 (2012).