SECOND DIVISION
[G.R. No. 234298. November 20, 2017.]
FAUSTINO A. SILANG, petitioner,vs. WENGDA S. DE TORRES, SERGIO CAAGBAY, JR., MARIA LOURDES A. REYNOSO, NICOMEDES C. ABESAMIS, AND DINO M. ROMERO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2017which reads as follows: HTcADC
"G.R. No. 234298 (Faustino A. Silang v. Wengda S. De Torres, Sergio Caagbay, Jr., Maria Lourdes A. Reynoso, Nicomedes C. Abesamis, and Dino M. Romero)
After a judicious study of the case, the Court resolves to DISMISS the petition and AFFIRM the January 25, 2017 Resolution 1 and June 20, 2017 Order 2 of the Office of the Ombudsman (Ombudsman) in OMB-L-C-15-0252 for failure of petitioner Faustino A. Silang (petitioner) to sufficiently show that the Ombudsman gravely abused its discretion in finding probable cause to indict him for violation of Section 3 (e) of Republic Act No. (RA) 3019, otherwise known as the "Anti-Graft and Corrupt Practices Act."
As correctly found by the Ombudsman, there was a prima facie finding of guilt on the part of petitioner to warrant his indictment under RA 3019 considering that, based on the evidence so far presented, the procurement of the three-year supply of spare parts for the second backhoe was unnecessary and excessive expense under Commission on Audit Circular No. 85-55-A. Moreover, petitioner demonstrated manifest partiality, evident bad faith and/or gross inexcusable negligence in this case, which resulted in giving unwarranted benefits, advantage or preference to CAMEC JCB Corporation. 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, 3 as in this case.
SO ORDERED. (REYES, JR., J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 33-44. Penned by Graft Investigation and Prosecution IV Julie P. Mercurio with OIC Assistant Ombudsman Bayani H. Jacinto concurring.
2.Id. at 45-48. Penned by Graft Investigation and Prosecution IV Julie P. Mercurio with OIC Assistant Ombudsman Gil Felix A. Hidalgo concurring.
3.Cam v. Casimiro, 762 Phil. 72, 88 (2015).