695 Phil. 106
PERALTA, J.:
That on or about the 3rd day of June 1998, in Puerto Princesa City, Philippines and within the jurisdiction of this Honorable Court, accused Edgardo Libiran, Vicente Señorin, Ivene D. Reyes, Johnny Lilang and Danilo Querijero, being then employees of the Community Environment and Natural Resources Office, Puerto Princesa City and Province of Palawan, and Fe Ylaya, being then the Barangay Chairwoman of Bgy. Sta. Lourdes, Puerto Princesa City, conspiring and confederating together and mutually helping one another, taking advantage of their official position and (sic) committing the offense in relation to their office, and thru (sic) manifest partiality, evident bad faith or gross inexcusable negligence, did then and there willfully, unlawfully and feloniously give Evelyn Bratchi, Leovelyn Bratchi and Marco Belmonte unwarranted benefits, advantage or preference in the discharge of their official function by issuing Original Certificate of Titles Nos. 4120, 4121 and 4123 in favor of Leovelyn Bratchi, Marco Belmonte and Evelyn Bratchi, respectively, the accused knowing fully well that the said titleholders, did not till, occupy nor possess the parcel of land described as P1s 110 Lot No. 675, identical to Lot No. 5355, situated at Bgy. Sta. Lourdes, Puerto Princesa City, thus, causing undue injury to the heirs and family of Isidro R. Palmes.
CONTRARY TO LAW.
This Court finds no compelling reason to quash the Information on the basis of the grounds pleaded in the Motion to Quash and the Manifestation and Suppletory Motion to Quash. A plain and cursory reading of the Information filed in this case shows that it has sufficiently stated the crime charged is (sic) a violation of Section 3 (e) of R.A. 3019 and the allegations therein alleged with particularity the overt acts committed by the accused as would constitute a violation of the particular provision of the law of which accused are being charged. The pendency and outcome of another case alleged now to be pending with the Supreme Court thru a Petition for Review on Certiorari does not and will not affect the instant case as said case is entirely different from the facts charged in the Information of which accused are now being charged, the dismissal of said case does not and will not affect the Information filed herein. Similarly, the allegations in the Manifestation and Suppletory Motion to Quash “that there is no conspiracy by and among the accused; that accused did not take advantage of their official position; that they did not commit an offense in relation to their office; that they did not perpetrate manifest partiality, evident bad faith or gross inexcusable negligence; nor did they give unwarranted benefits, advantage or preference upon the persons of x x x; and that they merely perform (sic) their official functions regularly” are all allegations which are essentially and purely evidentiary in nature which could not be resolved until, and after a full trial proceeding is conducted by the Court in this particular case.
Essentially, therefore, there is no sufficient basis for this court to quash the Information in the above captioned case premised on the specific grounds relied upon by the movants.x x x x
WHEREFORE, the above premises considered, the Motion to Quash, Supplemental Motion to Quash, Manifestation and Suppletory Motion to Quash, along with the Motion to Suspend Proceedings are hereby DENIED for lack of merit. Finding the Motion to Suspend Accused to be impressed with merit, the same is hereby GRANTED and thus, all the accused, except accused Fe Ylaya are ordered preventively suspended within a period of ninety (90) days reckoned from the period wherein they are actually preventively suspended in office. Let a copy hereof be furnished the Secretary of the DENR for implementation and for said office to show compliance within thirty (30) days from receipt hereof.
The arraignment of all the accused are now intransferrably set on October 9, 2003 at 8:30 in the morning to proceed unless properly restrained by a court of higher jurisdiction. Let all the accused and counsels be furnished copies of this Order by the Sheriff of this court or by registered mail if necessary.
SO ORDERED.[5]
It is indubitable that grave abuse of discretion amounting to lack or excess of jurisdiction is correctible by a petition for certiorari under Rule 65 of the Rules. Petitioners, however, failed to discharge the burden of proving the existence of grave abuse of discretion amounting to lack or excess of jurisdiction on the part of public respondent. Hence, the denial of the petition for certiorari.
WHEREFORE, the instant Motion for Reconsideration is DENIED.
SO ORDERED.[7]
THE COURT OF APPEALS GROSSLY ERRED IN DENYING THE QUASHAL AND THE EVENTUAL PROHIBITION OF THE CRIMINAL CASE AGAINST THE PETITIONERS IN ORDER TO ABATE THEIR FURTHER [PROSECUTION] AND OPPRESSION UPON THE GROUNDS: THAT THE CASE AGAINST THE PETITIONERS, AMONG OTHERS, HAD BEEN PREVIOUSLY DISMISSED; and THAT THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE.[8]
(1) when the court issued the order without or in excess of jurisdiction or with grave abuse of discretion;
(2) when the interlocutory order is patently erroneous and the remedy of appeal would not afford adequate and expeditious relief;
(3) in the interest of a more enlightened and substantial justice;
(4) to promote public welfare and public policy; and
(5) when the cases have attracted nationwide attention, making it essential to proceed with dispatch in the consideration thereof.[11]
x x x OMB-1-99-1974 basically deals with a falsified certification allegedly issued by complainant therein (Hagedorn), which petitioners (respondents therein) used as their basis in favorably acting upon the Free Patent Application of Evelyn Bratschi. Thus:x x x complainant is the claimant-applicant over a certain parcel of land situated at Brgy. Sta. Lourdes, Puerto Princesa City identified as Lot No. 5355 Cad-800-D. That as claimant-applicant, he applied before the CENRO Survey Authority and was issued Survey Authority No. 045316-97-06. That a certain Evelyn Bratschi filed her Free Patent Application No. 045316-855 before the PENRO over the same parcel of land, hence, complainant filed his protest thereto. That complainant came to discover that Free Patent Application No. 045316-855 of Evelyn Bratschi was given due course in an Order dated June 2, 1998, and title over the lot was issued in favor of the former. That the reason why the Survey Authority No. 045316-97-06 in complainant’s favor was cancelled and given due course to the Free Patent Application No. 045316-855 of Evelyn Bratschi was the Certifcation dated February 27, 1998 allegedly issued by the complainant recognizing and acknowledging the priority rights of Evelyn Bratschi. That complainant never issued the alleged Certification in favor of Evelyn Bratschi nor did he recognize or acknowledge that the latter has priority rights over Lot No. 5355 Cad. 800-D. That the said Certification is a falsified document and the signature appearing thereon is forged. That the respondents conspired together to cause the complainant undue injury in giving unwarranted benefits, advantage and preference in the discharge of their respective functions through manifest partiality, evident bad faith and gross inexcusable negligence by conniving and helping Evelyn Bratschi in facilitating the dropping of his protest, cancellation of his Survey Authority and eventual approval of the Free Patent Application and issuance of the title over the parcel of land in the name of Evelyn Bratschi on the basis of an alleged falsified Certification date February 27, 1998.
OMB-1-01-0082-A, on the other hand, is premised on the alleged disregard by petitioners of the application for free patent of the predecessor of private respondents. In their complaint, private respondents herein alleged that:7. That on March 6, 1985, my father formally filed his application with the Bureau of Lands and he was issued a corresponding receipt for application fee in the amount of P50.00 under Official Receipt No. 5166195. x x x;
8. That whenever we have time, my father and us, always followed-up his application with the Bureau of Lands and there were occasions that we are informed by the Office that the property was now owned by Douglas Hagedorn for my father’s application as regard to Lot No. 675 P1s 110 has already been applied for titling by Douglas Hagedorn;xxx xxx xxx
15. That in one of our visits to the Office of the Bureau of Lands, x x x informed us that the lot we are occupying for is about to be titled to a certain Mrs. Evelyn Bratschi for according to her, she was the one who bought the glass which was used for the repair/renovation of their office “kaya malakas ito sa amin”;xxx xxx xxx
20. That in the year 1997, we were informed by one of the employees of the Bureau of Lands that Lot 675 P1s 110 identical to Lot 5355 is already titled to one Evelyn Bratschi. x x x
Although the OMB-1-99-1974 and OMB-1-01-0082-A, filed by Hagedorn and private respondents in this case, respectively, appear to have indicted the same public officials, involve the same property, and speak of the same offense, the antecedents, and the rights asserted in these cases are not similar. Evidently, the totality of the evidence in these cases differ. The judgment in OMB-1-99-1974 will not automatically and wholly apply to OMB-1-01-0082-A.[12]