481 Phil. 852
YNARES-SANTIAGO, J.:
Negotiations began for the acquisition of the properties to be used for the project. On October 30, 1997, Governor Lapid wrote the Philippine National Bank (PNB), San Fernando Branch, requesting for a loan in the amount of One Hundred Four Million Pesos (P104,000,000.00) to be secured by a “hold-out” on the province’s deposit with the bank amounting to P130 Million. PNB eventually granted the loan. The documents for the loan application as well as the promissory note covering the P104 Million loan were executed on November 3, 1997.RESOLUTION NO. 340
A RESOLUTION AUTHORIZING HON. MANUEL M. LAPID, GOVERNOR, PROVINCE OF PAMPANGA TO NEGOTIATE FOR THE PURCHASE OF A PARCEL OF LAND WITHIN SAN FERNANDO, PAMPANGA SUITABLE FOR LOW-COST HOUSING PROJECT FOR PROVINCIAL EMPLOYEES.
THE SANGGUNIANG PANLALAWIGAN OF PAMPANGA, in session assembled:
RESOLVED, as it hereby resolved that the Sangguniang Panlalawigan of Pampanga authorizes, as it hereby authorizes Hon. Manuel M. Lapid, Governor, Province of Pampanga to negotiate for the purchase of a parcel of land within San Fernando, Pampanga suitable for low-cost housing project for provincial employees.
RESOLVED FINALLY, that copies of this Resolution be furnished the Provincial Governor, the Provincial Treasurer, the Provincial Budget Officer and the Provincial Auditor, all of San Fernando, Pampanga for information and guidance.
APPROVED.[2]RESOLUTION NO. 341
A RESOLUTION AUTHORIZING HON. MANUEL M. LAPID, GOVERNOR, PROVINCE OF PAMPANGA TO ENTER INTO A CONTRACT OF LOAN WITH THE PHILIPPINE NATIONAL BANK OR WITH ANY FINANCING INSTITUTION FOR A LOW COST HOUSING PROJECT FOR PROVINCIAL EMPLOYEES AND FOR OTHER PURPOSES.
THE SANGGUNIANG PANLALAWIGAN OF PAMPANGA, in session assembled:
RESOLVED, as it is hereby resolved, that the Sangguniang Panlalawigan of Pampanga authorizes, as it hereby authorizes Hon. Manuel M. Lapid, Governor, Province of Pampanga to enter into a contract of loan with the Philippine National Bank or with any financing institution for a low cost housing project for provincial employees and for other purposes.
RESOLVED FINALLY, that copies of this Resolution be furnished the Provincial Governor, the Provincial Treasurer, the Provincial Auditor, the Provincial Budget Officer, the Provincial Accountant and the Philippine National Bank, all of San Fernando, Pampanga for information.
APPROVED.[3]
On August 21, 1998, an Information for violation of Section 3(e) of Republic Act No. 3019[9] was filed by the Ombudsman against petitioner, Governor Lapid and Provincial Treasurer Sabado. On January 13, 1999, the Ombudsman filed before the Sandiganbayan an Amended Information impleading other provincial officials of Pampanga, the sellers of the lots and their agent, Abelardo Miranda, Jr. The case was docketed as Criminal Case No. 24790 entitled “People of the Philippines, plaintiff v. Manuel M. Lapid, et al., accused”. As filed, the Amended Information read:RESOLUTION NO. 118
A RESOLUTION RATIFYING AND ACCEPTING THE TERMS AND CONDITIONS OF THE CONTRACT OF LOAN SET FORTH BY THE PHILIPPINE NATIONAL BANK IN CONNECTION WITH THE LOAN APPLICATION OF THE PROVINCE FOR A LOAN AS DEPOSIT HOLD-OUT FOR AND IN BEHALF OF THE PROVINCE OF PAMPANGA.x x x x x x x x x
WHEREAS, in Sangguniang Panlalawigan letter dated February 24, 1998 addressed to VP Largion Najera of PNB, the approving members confirmed that they gave full power and authority to Gov. Lapid to initiate, undertake, negotiate and consummate the purchase of the subject 40-hectare property including the authority to enter into that contract of loan with PNB for P104 Million and to do other acts necessary and proper to implement the project such as but not limited to the use of the deposits of the Provincial Government of Pampanga with PNB San Fernando Branch as hold-out against the loan and the payment of the lot from the proceeds of the said loan.x x x x x x x x x
THE SANGGUNIANG PANLALAWIGAN OF PAMPANGA, in session assembled:
RESOLVED, as it is hereby resolved, that the Sangguniang Panlalawigan of Pampanga ratifies and accepts, as it hereby ratifies and accepts the terms and conditions of the contract of loan set forth by the Philippine National Bank in connection with the loan application of the Province of Pampanga for a loan vs. deposit hold-out for and in behalf of the Province of Pampanga.x x x x x x x x x
RESOLVED FINALLY, that the loan be guaranteed by the Savings Account of the Province deposited in the PNB San Fernando, Pampanga Branch under Account No. 470-542111(illegible).
APPROVED.[7]ORDINANCE NO. 05
AN ORDINANCE AFFIRMING THE LOAN GRANTED BY THE PHILIPPINE NATIONAL BANK TO THE PROVINCIAL GOVERNMENT OF PAMPANGA AMOUNTING TO P104,000,000.00 FOR THE PAYMENT OF THE PURCHASE OF LOT INTENDED FOR LOW-COST HOUSING FOR PROVINCIAL OFFICIALS, EMPLOYEES AND OTHERS.x x x x x x x x x
Section 1. It is hereby appropriated that the amount of One Hundred Four Million (P104,000,000.00) Pesos representing the loan from the Philippine National Bank is appropriated and disbursed for the payment of lot located at Maimpis, San Fernando, Pampanga, including the use of the deposits of the Provincial Government with the said bank as hold-out against the loan.x x x x x x x x x
APPROVED.[8]
That in the month of November, 1997, or sometime prior or subsequent thereto, in San Fernando, Province of Pampanga, and within the jurisdiction of this Honorable Court, above-named accused MANUEL M. LAPID, ENRICO P. QUIAMBAO, JOVITO S. SABADO, BENJAMIN G. YUZON, NIDA P. MANALAD, BIENVENIDO C. OCAMPO, LUZVIMINDA R. SORIANO and MA. LUISA R. SAN ANTONIO, all public officers, being then the Provincial Governor, Provincial Administrator, Provincial Treasurer, Provincial Accountant, and Budget Officer of the Provincial Government of Pampanga, and Registrar of Deeds, Chief, Assessment Division, and Clerk of the Bureau of Internal Revenue (BIR), Pampanga, respectively, conspiring and confederating with one another and with accused private citizens ABELARDO C. MIRANDA, JR., FELIPE S. CUYUGAN, SR., VIRGINIA H. CUYUGAN, GERVACIO SINGIAN, FRANCISCA G. SINGIAN, WILFREDO VERGARA and PILAR P. VERGARA, committing the crime herein charged in relation to, and taking advantage of, their official functions, acting with manifest partiality, evident bad faith, and gross inexcusable negligence, did then and there willfully, unlawfully and criminally cause undue injury to the Provincial Government as a whole and to the public interest, by then and there causing the approval and subsequent release of the amount of ONE HUNDRED FOUR MILLION (P104,000,000.00) PESOS, Philippine Currency, in public funds, as contained in PNB Check No. 000219301 dated November 3, 1997 obtained through a loan from Philippine National Bank (PNB), to accused ABELARDO C. MIRANDA, JR., Attorney-in-Fact for the vendors, accused FELIPE S. CUYUGAN, SR., VIRGINIA H. CUYUGAN, GERVACIO SINGIAN, FRANCISCA G. SINGIAN, WILFREDO VERGARA and PILAR P. VERGARA, of a 40-hectare property located in San Fernando, Pampanga, as purported consideration for the purchase of the aforesaid property despite the following facts known to the accused: first, that the November 3, 1997 Deed of Sale which purports to convey to the Province of Pampanga title over properties was conspicuously defective as it left blank the transfer certificate(s) of titles and lots it referred to; second, that it was not by virtue of the said November 3, 1997 Deed of Sale that the ownership over the property was transferred to the Province of Pampanga, but, instead, by virtue of a Deed of Sale dated November 17, 1997, which stipulated the purchase price of FIVE MILLION (P5,000,000.00) PESOS, which November 17, 1997 Deed of Sale was used for registration and tax purposes, depriving the government of the correct taxes due on the ONE HUNDRED FOUR MILLION (P104,000,000.00) PESOS actually paid for said acquisition; third, that accused MANUEL M. LAPID was not authorized to purchase the property as his authority under Resolution No. 340 of the Provincial Board of Pampanga dated October 13, 1997 was only to negotiate for the purchase of a parcel of land within San Fernando, Pampanga; fourth, that accused MANUEL M. LAPID was not authorized to use the ONE HUNDRED FOUR MILLION (P104,000,000.00) PESOS loan obtained from PNB as payment for the said lot acquisition, thereby depriving the use of the said government fund for the purposes it was intended, as his authority under Resolution No. 341 of the Provincial Board of Pampanga dated October 13, 1997 was merely to enter into a contract of loan with the PNB or any financial institution; and fifth, that the public fund in the amount of ONE HUNDRED FOUR MILLION (P104,000,000.00) PESOS was disbursed without the required duly approved voucher and certificate of availability of funds; to the damage and prejudice of the government.On September 20, 1999, petitioner filed before the Office of the Ombudsman a Motion for Reconsideration of the November 9, 1998 Memorandum recommending the filing of Amended Information. Meanwhile, Ombudsman Prosecutor II Raymundo Julio A. Olaguer recommended the withdrawal of the Information filed in the Sandiganbayan.[11] However, the Ombudsman disapproved the recommendation of the OSP and directed the prosecution of the criminal charge.[12] The Ombudsman likewise denied the Motion for Reconsideration filed by petitioner.[13]
CONTRARY TO LAW.[10]
The petition has no merit.I.
PUBLIC RESPONDENT OMBUDSMAN GRAVELY ABUSED HIS DISCRETION WHEN HE DISAPPROVED THE RECOMMENDATION OF THE SPECIAL PROSECUTOR AND DEPUTY SPECIAL PROSECUTOR FOR THE DISMISSAL OF THE CASE AGAINST ALL THE ACCUSED NOTWITHSTANDING THAT THE AFORESAID RECOMMENDATION IS BASED ON STRONG AND VALID GROUNDS.[14]II.
PUBLIC RESPONDENT OMBUDSMAN GRAVELY ABUSED HIS DISCRETION WHEN HE APPROVED THE RECOMMENDATION OF THE SPECIAL PROSECUTOR AND SPECIAL PROSECUTION OFFICER III FOR THE DENIAL OF PETITIONER’S MOTION FOR RECOMMENDATION NOTWITHSTANDING THAT THE GROUNDS IN SUPPORT OF SAID RECOMMENDATION ARE NOT MERITORIOUS AND THERE IS NO PROBABLE CAUSE AGAINST PETITIONER.[15]
(1) The accused is a public officer or a private person charged in conspiracy with the former;We find that the Ombudsman did not commit any grave abuse of discretion in finding probable cause for and sanctioning the filing of an Information against petitioner and his co-accused on charges of violation of Section 3(e), R.A. No. 3019. Probable cause has been defined as the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.[18] The term does not mean “actual and positive cause” nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged.[19]
(2) The said public officer commits the prohibited acts during the performance of his or her official duties or in relation to his or her public positions;
(3) That he or she causes undue injury to any party, whether the government or a private party;
(4) Such undue injury is caused by giving unwarranted benefits, advantage or preference to such parties; and
(5) That the public officer has acted with manifest partiality, evident bad faith or gross inexcusable negligence.[17]
The prosecution of offenses committed by public officers is vested in the Office of the Ombudsman. To insulate the Office from outside pressure and improper influence, the Constitution as well as R.A. 6770 has endowed it with a wide latitude of investigatory and prosecutory powers virtually free from legislative, executive or judicial intervention. This court consistently refrains from interfering with the exercise of its powers, and respects the initiative and independence inherent in the Ombudsman who, “beholden to no one, acts as the champion of the people and the preserver of the integrity of the public service”.The functions of the courts will be hampered by innumerable petitions assailing the dismissal of investigatory proceedings conducted by the Office of the Ombudsman with regard to complaints filed before it, or compelling it to review the exercise of discretion on the part of the prosecutor each time an Information is filed in court or a private complainant’s complaint is dismissed.[23] Ultimately, the discretion to determine whether a case should be filed or not lies with the Ombudsman. It is basically his call. Absent any good and compelling reason which indicates otherwise, his findings of probable cause deserve great respect.