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REMEDIAL - Bondad Vs Sarona - Ombudsman Investigative and Prosecutorial Powers

The Supreme Court of the Philippines issued a resolution denying a petition filed by Jimmy C. Bondad and affirming previous rulings of the Court of Appeals. The Court of Appeals had affirmed the dismissal of criminal and administrative charges filed by Bondad against PSSupt. Elmo Francis Sarona for lack of merit. The Supreme Court found no grave abuse of discretion in the Office of the Ombudsman's finding that there was no probable cause against Sarona. As such, the dismissal of the charges must be upheld.

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69 views2 pages

REMEDIAL - Bondad Vs Sarona - Ombudsman Investigative and Prosecutorial Powers

The Supreme Court of the Philippines issued a resolution denying a petition filed by Jimmy C. Bondad and affirming previous rulings of the Court of Appeals. The Court of Appeals had affirmed the dismissal of criminal and administrative charges filed by Bondad against PSSupt. Elmo Francis Sarona for lack of merit. The Supreme Court found no grave abuse of discretion in the Office of the Ombudsman's finding that there was no probable cause against Sarona. As such, the dismissal of the charges must be upheld.

Uploaded by

Watz Rebanal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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b

3Republic of tl)e f)l)ilippines


~upreme <!Court
manila

FIRST DIVISION

NOTICE

Sirs/Mesdames:

Please take notice that the Court, First Division, issued a Resolution

dated December 10, 2014 which reads as follows:

"G.R. No. 215178 (Jimmy C. Bondad v. PSSupt. Elmo Francis


Sarona).- After a judicious perusal of the records, the Court resolves to
DENY the instant petition and AFFIRM the April 29, 2014 and October
31, 2014 Resolutions 1 of the Court of Appeals (CA) in CA-G.R. SP No.
129746 for failure of Jimmy C. Bondad (petitioner) to sufficiently show
that the CA committed any reversible error in affirming the dismissal of the
criminal and administrative charges he filed against respondent PSSupt.
Elmo Francis Sarona for lack of merit.

As a general rule, the Court does not interfere with the Office of the
Ombudsman's exercise of its investigative and prosecutorial powers. 2
However, the Ombudsman's finding as to whether or not probable cause
exists cannot escape judicial scrutiny where there is grave abuse of
discretion, which the Court finds to be absent in this case. As such, the
dismissal of the charges against respondent must perforce- be upheld.

- over- two (2) pages ..... .


20

Rollo, pp. 24-30 and 31-34, respectively. Penned by Associate Justice Myra V. Garcia-Fernandez
with Associate Justices Fernanda Lampas Peralta and Francisco P. Acosta, concurring.
Arau/lo v. Office of the Ombudsman, G.R. No. 194157, July 30, 2014.
RESOLUTION 2 G.R. No. 215178
December 10, 2014

SO ORDERED." BERSAMIN, -J., on official leave; REYES, -J.,


designated acting member per S.O. No. 1892 dated November 28, 2014.
PEREZ, J., on official leave; CARPIO, J., designated acting member per
S.O. No. 1899.dated December 3, 2014 .

.. Very truly yours,

~ision Clerk of Co~~W


Mr. Jimmy C. Bondad Court of Appeals (x)
Petitioner Manila
Brgy. Concepcion (CA-G.R. SP No. 129746)
San Pablo City 4000 Laguna
PSSupt. Elmo Francis Sarona
Respondent
Unit 306, MC 27 BCDA Ph 2
Diego Silang Village
Brgy. Ususan, Taguig City 1630

OFFICE OF THE OMBUDSMAN


National Government Center
Diliman 1128 Quezon City
(OMB-P-A-09-1071-K; OMB-P-C-
10-0395-C & OMB-P-C-10-0396-C)

Public Information Office (x)


Library Services (x)
Supreme Court
(For uploading pursuant to A.M.
No. 12-7-1-SC)

Judgment Division (x)


Supreme Court

SR

.-f;

"'

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