SECOND DIVISION
[G.R. No. 242051. November 5, 2018.]
SIEGFREDO F. TOLENTINO, JR., petitioner, vs. NORMA IBARRIENTOS JALLORES AND OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 November 2018which reads as follows:
"G.R. No. 242051 (Siegfredo F. Tolentino, Jr. v. Norma Ibarrientos Jallores and Office of the Deputy Ombudsman for Luzon)
After a judicious study of the case, the Court resolves to DISMISS the instant petition 1 and AFFIRM the May 28, 2018 Resolution 2 and the July 23, 2018 Joint Order 3 of the Office of the Ombudsman (Ombudsman) in OMB-L-C-17-0452 for failure of petitioner Siegfredo F. Tolentino, Jr. (petitioner) to sufficiently show that the Ombudsman committed grave abuse of discretion in finding probable cause to indict him for violation of Section 3 (e) of Republic Act No. 3019. 4
As correctly ruled by the Ombudsman, the elements of the offense charged were prima facie established in this case, as records show that despite his absences during the regular sessions of the Barangay on March 7 and 28, 2015 and April 11 and 25, 2015, he collected his honoraria for the said months. 5 It is well-settled that courts do not interfere with the Ombudsman's discretion in determining probable cause whose findings, when supported by substantial evidence and in the absence of grave abuse of discretion or any capricious, whimsical and arbitrary judgment as to amount to an evasion of a positive duty, are entitled to great weight and respect, 6 as in this case. HTcADC
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-34.
2.Id. at 38-43. Approved by Deputy Ombudsman for Luzon Gerard A. Mosquera on June 8, 2018.
3.Id. at 44-48. Approved by Deputy Ombudsman for Luzon Gerard A. Mosquera on August 3, 2018.
4. Otherwise known as the "ANTI-GRAFT AND CORRUPT PRACTICES ACT" (August 17, 1960).
5. See rollo, p. 41.
6.Ganaden vs. Ombudsman, 665 Phil. 224, 232 (2011).