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G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE
ChanRobles On-Line Bar
OFFICE OF THE OMBUDSMAN, GEORGE M. JEREOS, ROBERTO G. GEOTINA, JUAN T.
Review
TAN, KRISTINE MORALES, AND ALBERTO LINA, Respondents.:
G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE
OFFICE OF THE OMBUDSMAN, GEORGE M. JEREOS, ROBERTO G. GEOTINA, JUAN T.
TAN, KRISTINE MORALES, AND ALBERTO LINA, Respondents.
THIRD DIVISION
DECISION
LEONEN, J.:
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
her defense.
This is a Petition for Review1 under Rule 45 of the Rules of Court, praying that the
花姿采 花店 December 22, 2006 Decision2 and November 21, 2007 Resolution3 of the Court of
Appeals in CA-G.R. SP No. 89585 be nullified and set aside.4 The Court of Appeals
情⼈節花束 affirmed the Office of the Ombudsman February 7, 2005 Resolution5 and the Office of
2020 the Deputy Ombudsman for Luzon February 21, 2005 Joint Order6 in OMB L-C-04-
0083-B and OMBL-A-04-0057-B, dismissing petitioner Alberta de Joya Iglesias
gloriosa orist.com
(Iglesias) from service.7 Petitioner prays that judgment be rendered absolving her of
any criminal and administrative liability and reinstating her to her former position as
香港九龍 新界送貨服務
Acting District Collector in the Port of San Fernando.8
⼼意花束,開張花籃,
帛事花籃,結婚花球, Petitioner Iglesias was employed as Acting District Collector by the Bureau of
宴會佈置,花⾞佈置, Customs on October 1, 2002. She was assigned at the Port of San Fernando, La
公司⽉花,蝴蝶蘭等 Union by Commissioner Antonio Bernardo.9
On January 28, 2004, the Department of Finance, through Atty. Leon L. Acuña (Atty.
開啟 Iglesias before the Office of the Ombudsman.11 Atty. Acuña and Pizarro claimed that
Iglesias failed to file her Statements of Assets, Liabilities, and Net Worth (SALNs)
They also alleged that Iglesias made false entries in her 2000, 2001, and 2002 SALNs
with respect to two (2) real properties in Quezon City and Pangasinan. The Quezon
City property's tax declarations revealed that Iglesias purchased the property on
August 1, 1996 from the spouses Rosario and Elpidio Ablang. Likewise, the
Pangasinan property's Transfer Certificate of Title was issued by virtue of a deed of
sale showing that she purchased a portion of this property from Marina Lopez de Joya
(Marina). However, in her SALNs, Iglesias indicated that these properties were
Atty. Acuña and Pizarro also discovered three (3) real properties in Pangasinan under
Iglesias' name that were not declared in her SALNs.14 They further asserted that
Iglesias acquired several real and personal properties from 1999 to 2002 amounting
to P15,230,000.00, which was disproportionate to her lawful source of income. They
Parañaque
Residential Property 1999 [P]3 Million
Novaliches
Residential Property 1997 [P]3.5 Million
Baguio Residential
Property 1995 [P]2 Million
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
Finally, Atty. Acuña and Pizarro averred that Iglesias made false representations when
she dechtred in her letter to then President Gloria Macapagat-Arroyo that she was
花姿采 花店 They also alleged that Iglesias falsified her Personal Data Sheet when she antedated
its execution.18
情⼈節花束
They charged Iglesias with the following:
2020
a) Making untruthful statements in her SAL[N]s a,nd failing to
gloriosa orist.com
disclose all of her properties in her SAL[N]s (Article 171(4)19 of the
⼼意花束,開張花籃,
b) Failing to submit her SAL[N]s as required by Sections (sic) 11 in
帛事花籃,結婚花球,
relation to Section 820 of Republic Act No. 6713 and Section 721 of
宴會佈置,花⾞佈置,
Republic Act No. 3019;
公司⽉花,蝴蝶蘭等
SEARCH FOR MORE administrative case. She produced copies of her filed annual SALNs since 1989 and
27
perjury cases jurisprudenceattached them to her Counter-Affldavit.
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Ablang (Rosario), inherited the Quezon City property from their parents.29 She
187045 supreme court de joya
"merely bought out her sister's share of their joint inherited property[.]"30 Regarding
criminal law cases
the Pangasinan property, Iglesias reasoned that she acquired the property through
purchase and donation when her mother, Marina, sold it to her for an amount well
latest supreme court decisions
below its true value.31
Iglesias explained that she did not declare the three (3) Pangasinan properties
August-2017 Jurisprudence because these were classified as public lands and the Department of Environment
and Natural Resources had yet to award the properties to her. She contended that
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
she was merely considered an applicant for the grant of the public lands.32
G.R. No. 187160, August 09,
2017 - PEOPLE OF THE On the alleged illegally acquired properties, Iglesias disclosed that she acquired these
PHILIPPINES, Appellee, v. properties either by purchase or inheritance. She obtained a loan of P9,000,000.00
ERLINDA A. SISON @ from Philippine National Bank to buy out Rosario's share and to purchase the
"MARGARITA S. AGUILAR," Novaliches and Baguio properties. She also sold a property in Baguio to purchase the
Appellant. Parañaque property. To pay her obligations, she leased her Quezon City property from
July 15, 2000 to January 2004. She acquired another loan of P2,000,000.00 from
G.R. No. 220002, August 02,
Philippine National Bank-Dagupan Branch to start her trucking business.33
2017 - EUGENIO M. GOMEZ,
Petitioner, v. CROSSWORLD
邦民貸款一星期開足7日
MARINE SERVICES, INC.,
Ad 邦民開足7日,貸款星期
GOLDEN SHIPPING COMPANY
S.A., AND ELEAZAR DIAZ,
{MED}{BU:HK} Promise (H.K
Respondents.
G.R. No. 188307, August 02, finish the degree and eventually shifted to Management.35 Lastly, the false date on
2017 - MULTINATIONAL VILLAGE her Personal Data Sheet was a typographical error.36
HOMEOWNERS' ASSOCIATION,
INC., RAMON MAGBOO, JIMMY She claimed that the allegations against her were false and baseless and that Atty.
DEL MUNDO, CARLOS RAPAY, Acuña and Pizarro should be held "criminally liable for malicious prosecution" and "for
AND DR. JOSEFINA TIOPIANCO, making unbuthful statements under oath in their Complaint-Affidavit."37
PETITIONERS, VS. ARNEL M.
邦民貸款一星期開足7日
GACUTAN, RAFAEL TEYLAN,
EDMUND T. HERNANDEZ, DANILO
Ad 邦民開足7日,貸款星期
ARANETA, MIGUEL DAVID, JOLIE
R. PELAYO, BOBBY D. YUTADCO,
{MED}{BU:HK} Promise (H.K
DANIEL TENORIO, MICHAEL KHO,
AND DANILO CAMBEL,
Respondents.
立即申請
G.R. Nos. 144760-61, August On April 15, 2004, the Office of the Deputy Ombudsman for Luzon issued an Order39
02, 2017 - EVELYN L. MIRANDA, in connection with the administrative case, preventively suspending Iglesias for six
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
AND THE PEOPLE OF THE On October 12, 2004, Graft Investigation and Prosecution Officer I Robert C. Reñido
PHILIPPINES, Respondents.; G.R. (Prosecution Officer Reñido) of the Office of the Deputy Ombudsman for Luzon issued
Nos. 167625-26 - PRIMO C. a Joint Resolution42 resolving the administrative and criminal cases. Prosecution
OBENZA, Petitioner, v. Officer Reñido considered Iglesias' Counter-Affidavit in the administrative cae as her
SANDIGANBAYAN AND THE counter-affidavit in the criminal case "[f]or purposes of exigency and in the interest
PEOPLE OF THE PHILIPPINES,
of justice and due process."43
Respondents.
邦民貸款一星期開足7日
A.C. No. 11149 (Formerly CBD
Ad 邦民開足7日,貸款星期
Case No. 13-3709), August 15,
2017 - LAURENCE D. PUNLA AND
{MED}{BU:HK} Promise (H.K
MARILYN SANTOS, Complainants,
v. ATTY. ELEONOR MARAVILLA-
ONA, Respondent. 立即申請
PABLO R. CHAVEZ, FORMER able to submit uthentic copies of her filed SALNs from 1989 to 1999.45
PRESIDING JUDGE, REGIONAL
TRIAL COURT, BRANCH 87, He gave merit to Iglesias' explanation that the Quezon City and Pangasinan propertis
ROSARIO, BATANGAS, ATTY. were part of her inheritance from her parents Since Iglesias inherited a great portion
TEOFILO A. DIMACULANGAN, JR., of the Quezon City property from her parent, she did not err in declaring the property
CLERK OF COURT VI, MR. as acquired through inheritance.46 Meanwhile, the Pangasinan property was intended
ARMANDO ERMELITO M. to be donated to Iglesias by her mother. They relied on the credibility of the lawyer
MARQUEZ, COURT INTERPRETER who made a deed of sale instead of a deed of donation to facilitate the transaction.47
III, MS. EDITHA E. BAGSIC,
COURT INTERPRETER III, AND Prosecution Officer Reñido held that Iglesias was correct in not declaring the three (3)
MR. DAVID CAGUIMBAL,
Pangasinan properties in her SALNs, as she had not yet acquired them,48 On
PROCESS SERVER, ALL OF
thalleged illegally acquired properties, he stated that Iglesias "was able to shed light
REGIONAL TRIAL COURT,
on how she was able to lawfully acquire [these] assets."49
BRANCH 87, ROSARIO,
BATANGAS, Respondents.; A.M.
On the alleg tion that Iglesias falsified her educational attainment, Prosecution Officer
No. 12-7-130-RTC - RE:
Reñido ruled that Iglesias had sufficiently proven that she shifted to Management
UNDATED ANONYMOUS LETTER-
upon learning that the Civil Service Commission did not require a specific geme of a
COMPLAINT AGAINST THE
master's degree.50 He also found that the alleged falsification of Iglesias' Personal
PRESIDING JUDGE, CLERK OF
COURT AND COURT Data Sheet was a mere typographical error.51
STENOGRAPHER OF THE Flower Shop in Philippi
REGIONAL TRIAL COURT,
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BRANCH 87, ROSARIO,
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BATANGAS.
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
AFP-ISU BASED IN BAGUIO CITY, the October 12, 2004 Joint Resolution. Ombudsman Simeon V. Marcelo (Ombudsman
PSS EUGENE MARTIN, AND Marcelo) held that Iglesias failed to justify the substantial increase in her net worth.
SEVERAL JOHN DOES, In just one (1) year, her net worth as declared in her SALN increased from
Respondents.; G.R. No. 186059 - P245,000.00 in 1989 to P1,685,000.00 in 1990.56
SECRETARY EDUARDO
ERMITA,SECRETARY Ombudsman Marcelo ciiscovered that Iglesias' cash declaration escalated from
GILBERTOTEODORO,SECRETARY P250,000.00 in her 1991 SALN to P1,770,000.00 in her 1992 SALN. She also
RONALDOPUNO,SECRETARY
acquired the Baguio, Parañaque, and Novaliches properties from 1994 to 2000.57
NORBERTOGONZALES, GEN.
ALEXANDER YANO, P/DGEN.
In examining Iglesias' SALNs, Ombudsman Marcelo found that she obtained housing
JESUS VERZOSA, BRIG. GEN.
loans of P14,000,000.00 in 1994, P26,000,000.00 in 1998, and P29,000,000.00 in
REYNALDO MAPAGU, MAJ. GEN.
1999.58 Since the housing loans were not supported by evidence, Ombudsman
ISAGANI CACHUELA, AND POL.
Marcelo considered them "spurious or non-existent, meant only to cover up the
SR. SUPT. EUGENE MARTIN,
rapidly increasing assets of [Iglesias]."59
Petitioners, v. ARTHUR BALAO,
WINSTON BALAO, NONETTE
According to Ombudsman Marcelo, Iglesias also falsified her Personal Data Sheet
BALAO, JONILYN BALAO-
"when she denied having any criminal charges ever filed against her . . . despite
STRUGAR, AND BEVERLY
LONGID, Respondents. evidence to the contrary."60 Iglesias had two (2) pending estafa cases and three (3)
dismissed cases before the lower courts, as stated in the National Bureau of
A.C. No. 11504, August 01, Investigation's May 22, 2001 Certification.61 She likewise committed falsification
2017 - ARIEL G. PALACIOS, FOR when she did not declare the true value of the Pampanga property and reported its
AND IN BEHALF OF THE AFP worth at only P50,000.00.62
RETIREMENT AND SEPARATION
邦民貸款一星期開足7日
BENEFITS SYSTEM (AFP-RSBS),
Complainant, v. ATTY. Ad 邦民開足7日,貸款星期
BIENVENIDO BRAULIO M.
AMORA, JR., Respondent. {MED}{BU:HK} Promise (H.K
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REYNALDO T. CASAS, Petitioners, Additionally, let a Petition for Forfeiture of Unlawfully Acquired Properties
v. MARIJOY A. VALDEZ, be filed before the proper court against respondent in view of the herein
Respondent. found accumulation of unexplained wealth.
邦民貸款一星期開足
G.R. No. 228887, August 02,
2017 - PEOPLE OF THE Ad 邦民開足7日,貸款
立即申請
G.R. No. 215999, August 16,
2017 - SPS. FELIX A. CHUA AND
CARMEN L. CHUA, JAMES B.
HERRERA, EDUARDO L.
The Field Investigation Office (FIO) is hereby ordered to investigate the
ALMENDRAS, MILA NG ROXAS,
matter regarding the false valuation made on the Deed of Sale covering
EUGENE C. LEE, EDICER H. the Pampanga property transferred in favor of respondent and secure the
ALMENDRAS, BENEDICT C. LEE,
necessary documentary evidence for the purpose of filing a criminal
LOURDES C. NG, LUCENA
complaint for Falsification against her.
INDUSTRIAL CORPORATION,
LUCENA GRAND CENTRAL
SO ORDERED.65 (Emphasis in the original)
TERMINAL, INC., REPRESENTED
BY FELIX A. CHUA, Petitioners, v. Iglesias moved for reconsideration,66 which was denied by the Office of the Deputy
UNITED COCONUT PLANTERS
Ombudsman for Luzon in its February 21, 2005 Joint Order.67
BANK, ASSET POOL A (SPV-AMC),
REVERE REALTY AND
Iglesias appealed the February 7, 2005 Resolution of the Office of the Ombudsman
DEVELOPMENT CORPORATION,
and the February 21, 2005 Joint Order of the Office of the Deputy Ombudsman for
JOSE C. GO AND THE REGISTRAR
Luzon before the Court of Appeals.68
OF DEEDS OF LUCENA CITY,
Respondents.
Iglesias argued that she was denied administrative due process. She claimed that
there was failurto meet the substantial evidence requirement in administrative
G.R. No. 224302, August 08,
proceedings.69 Further, she asserted that her defense of denial and the presence of
2017 - HON. PHILIP A.
mitigating circumstances should have been considered by the Office of the
AGUINALDO, HON. REYNALDO A.
ALHAMBRA, HON. DANILO S. Ombudsman and the Office of the Deputy Ombudsman for Luzon.70
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
III.
G.R. No. 217993, August 09,
2017 - MANUEL R. BAKUNAWA WHETHER PETITIONER WAS DENIED OF HER RIGHT TO BE INFORMED OF
III, Petitioner, v. NORA REYES
THE CHARGES AGAINST HER83
BAKUNAWA, Respondent.
Petitioner argues that she was not given an opportunity to refute the new accusations
A.M. No. P-09-2649 [Formerly and charges against her which were not stated in the Complaint-Affidavit. Her filing of
A.M. No. 09-5-219-RTC], August a Motion for Reconsideration did "not address the fact that she was never informed of
01, 2017 - OFFICE OF THE the true allegations against her."84 Thus, she claims that "her right to be informed of
COURT ADMINISTRATOR, the accusations against her and to be afforded with due process of law has been
Complainant, v. EDUARDO T. violated."85
UMBLAS, LEGAL RESEARCHER,
AND ATTY. RIZALINA G. On April 25, 2000, respondents officers of the Department of Finance, through the
BALTAZARAQUINO, CLERK OF
Office of the Solicitor General, filed their Comment86 and prayed for the denial of the
COURT IV, BOTH OF THE
Petition.87 They assert that petitioner was properly informed of the charges against
REGIONAL TRIAL COURT,
her.88 Moreover, her right to due process was not violated since she was given
BRANCH 33, BALLESTEROS
enough opportunity to counter the allegations:
CAGAYAN, Respondents.
In this case, petitioner was able to file her Counter-Affidavit dated April 6,
G.R. No. 227309, August 16, 2004 in OMB-L-A-04-0057-B. She was likewise given the opportunity to
2017 - PEOPLE OF THE
file her counter-affidavit in OMB-L-C-04-0083-B but she failed to do so
PHILIPPINES, Plaintiff-Appellee, v.
despite her having filed a Motion for Extension of Time to File Counter-
JOCELYN CARLIT Y GAWAT,
Affidavit dated March 19, 2004. Based on the Comment dated September
Accused-Appellant.
21, 2005 of the Office of the Ombudsman, the petitioner even filed a
Motion for Early Resolution and Lifting of Preventive Suspension, and a
G.R. No. 216491, August 23,
Position Paper. Moreover, she likewise filed her Motion for Reconsideration
2017 - THE HEIRS OF PETER
dated February 14, 2005.
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G.R. No. 222711, August 23, On May 5, 2008, respondent Office of the Ombudsman filed its Comment90 and
2017 - LEY CONSTRUCTION AND likewise prayed for the denial of the Petition. It argues that the Court of Appeals was
DEVELOPMENT CORPORATION, correct in ruling "that petitioner was afforded due process by the Office of the
REPRESENTED BY ITS Ombudsman and [that] the questioned resolutions were supported by substantial
PRESIDENT, JANET C. LEY, evidence and based on the records and evidence at hand."91
Petitioner, v. MARVIN MEDEL
SEDANO, DOING BUSINESS The Office of the Ombudsman counters that petitioner was not denied due process
UNDER THE NAME AND STYLE since "petitioner had the opportunity to present her side, submit countervailing
"LOLA TABA LOLO PATO evidence to refute the Department of Finance's claims and even move for a
PALENGKE AT PALUTO SA reconsideration of the decision."92 Further, it asserts that "petitioner was sufficiently
SEASIDE," Respondent.; MARVIN informed of the charges against her as shown in her Counter-Affidavit, Motion for
MEDEL SEDANO, DOING Early Resolution and Lifting of Preventive Suspension, Position Paper and the assailed
BUSINESS UNDER THE NAME
Resolutions of the Office of the Ombudsman."93
AND STYLE "LOLA TABA LOLO
PATO PALENGKE AT PALUTO SA
On May 14, 2008, petitioner filed her Reply and reiterated that she was denied due
SEASIDE," Respondent (THIRD-
process since she was not informed of the offenses charged against her.94
PARTY PLAINTIFF), VS.
PHILIPPINE NATIONAL
On July 8, 2009, this Court issued a Resolution95 requiring the parties to submit their
CONSTRUCTION CORPORATION,
Respondent (THIRD-PARTY respective memoranda. Petitioner filed her Memorandum96 on September 18, 2009,
DEFENDANT). while respondent Office of the Ombudsman filed its Memorandum97 on October 1,
2009. Both parties reiterated their arguments in their earlier pleadings. Respondents
G.R. No. 222561, August 30, officers of the Department of Finance failed to file their memorandum.
2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. On September 30, 2010, petitioner also filed a Supplement to the Supplemental
JONATHAN TICA Y EPANTO, Memorandum.98
Accused-Appellant.
NATIONAL POWER BOARD, anomalies in her statements, she "should only be held liable for simple neglect of
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
v. HON. LUISITO G. CORTEZ, d. Criminal Case No. 05-238700 (For Falsification of Public Document,
PRESIDING JUDGE, REGIONAL pending before the Metropolitan Trial Court of Manila, Branch 30)-
TRIAL COURT, BRANCH 84, acquitting the accused on 23 July 2014[;] [and]
QUEZON CITY, ABNER P. ELERIA,
MELITO B. LUPANGCO, NAPOCOR e. Criminal Case Nos. 40970 to 72 (For Perjury, pending before the
EMPLOYEES CONSOLIDATED Municipal Trial Court in Cities of San Fernando City, La Union) -
UNION AND NAPOCOR acquitting the accused on 17 October 2014.105
EMPLOYEES AND WORKERS
This Court resolves the main issue of whether or not petitioner was denied of
UNION, Respondents.
administrative due process when the Resolution dismissing her appeal was based on
allegations that were not contained in the Complaint. Resolving this main issue will
A.M. No. RTJ-10-2223
pass on the issues of whether or not petitioner was denied of her right to be informed
(Formerly A.M. OCA IPI No. 08-
of the charges against her and whether or not petitioner was denied of her right to
3003-RTJ), August 30, 2017 -
MS. FLORITA PALMA AND MS. due process. Since these issues are interrelated, they will be addressed jointly.
FILIPINA MERCADO,
Petitioner's contention has no merit.
Complainants, v. JUDGE GEORGE
E. OMELIO, REGIONAL TRIAL
Administrative due process demands that the party being charged is given an
COURT, BR. 14, DAVAO CITY
(THEN OF MUNICIPAL TRIAL opportunity to be heard.106 Due process is complied with "if the party who is properly
COURT IN CITIES, BR.4, DAVAO notified of allegations against him or her is given an opportunity to defend himself or
CITY), JUDGE VIRGILIO G. herself against those allegations, and such defense was considered by the tribunal in
THE CLERK OF COURT, BOTH OF him and given an opportunity to explain or defend himself. In
THE ISLAND GARDEN CITY OF administrative proceedings, the filing of charges and giving reasonable
SAMAL, Respondents. opportunity for the person so charged to answer the accusations against
him constitute the minimum requirements of due process. The essence of
G.R. No. 178379, August 22, due process is simply to be heard, or as applied to administrative
DANILO M. PEREZ, JOSE A. seek a reconsideration of the action or ruling complained of.109
ZAFRA, ARTURO B. VITO, CESAR
An important component of due process is the right of the accused to be informed of
S. CRUZ, NAZARIO C. DELA
the nature of the charges against him or her.110 A proper appraisal of the accusations
CRUZ, AND LUISITO R. DILOY,
would give the accused an opportunity to adequately prepare for his or her defense.
Petitioners, v. MANILA ELECTRIC
COMPANY, Respondent. Otherwise, substantial justice would be undermined.111
A.C. No. 11616 [Formerly CBD In this case, petitioner insists that the February 7, 2005 Resolution of the Office of
Case No. 08-2141], August 23, the Ombudsman was based on new accusations that were not included in the
2017 - LITO V. BUENVIAJE, Complaint Affidavit filed by Atty. Acuña and Pizarro. She anchors her argument on the
G. MAGDAMO, Respondent.
"In her first year in the government service, respondent reported a net
worth of P245,000.00 in her 1989 SALN, which swiftly grew to
A.C. No. 6980, August 30,
P1,685,000.00 during her second year (1990 SALN). The additional
2017 - CESAR O. STA. ANA,
P1,440,000.00 accumulated by respondent is a 60% jump from her 1989
CRISTINA M. STA. ANA AND
net worth. During that same period, respondent was able to purchase a
ESTHER STA. ANA-SILVERIO,
property in Paco, Manila, in the amount of P800,000.00, acquired
Complainants, v. ATTY. ANTONIO
additional jewelry worth P250,000.00, and maintained cash in the bank in
JOSE F. CORTES, Respondent.
the amount of P400,000.00. This sudden upsurge in respondent's net
worth, within the short period of one (1) year, is unjustified considering
A.C. No. 7253, August 29,
that she had no other employment, business activity or financial interests
2017 - ATTY. PLARIDEL C. NAVA
from which the acquisitions can be funded other than her employment in
II, Complainant, v. PROSECUTOR
the Bureau of Customs.
OFELIA M. D. ARTUZ,*
Respondent.; A.M. No. MTJ-08-
"Respondent's 1991 and 1992 SALN likewise reflected the meteoric rise
1717] (FORMERLY OCA IPI NO.
of her assets. From the declared cash of P250,000.00 in 1991, the same
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
07-1911-MTJ) - ATTY. PLARIDEL soared high to the amount of P1,770,000.00 which was not sufficiently
C. NAVA II, Complainant, v. justified or explained by her income from the government, or her reported
JUDGE OFELIA M. D. ARTUZ, total new loans of P610,000.00, consisting of jewelry loan in the amount
MUNICIPAL TRIAL COURT IN of P110,000.00 and an agricultural loan in the amount of P500,000.00.
CITIES OF ILOILO CITY, BRANCH
5, Respondent. "Apart from the properties in New Manila, Quezon City, and Pampanga
which respondent justified as to have been inherited by her from her
A.C. No. 10253, August 22, parents, respondent is likewise the owner of several properties located in
2017 - RAFAEL PADILLA, Baguio City, Parañaque City, and Novaliches, Quezon City, which she
Complainant, v. ATTY. GLENN acquired beginning 1994 to 2000."112 (Emphasis in the original)
SAMSON, Respondent.
Considering the above, this Court finds that there was a violation of due process with
respect to the other charges which were not in the original complaint. This Court
G.R. No. 198146, August 08,
sternly reminds the Ombudsman that he cannot add new findings which were not
2017 - POWER SECTOR ASSETS
part of the original complaint. To do so would violate the right of the accused to due
AND LIABILITIES MANAGEMENT
process.
CORPORATION, Petitioner, v.
COMMISSIONER OF INTERNAL,
However, there were charges in the original complaint which should prosper. A
Respondent.
reading of the Office of the Ombudsman Resolution reveals that she was dismissed
from service not solely on the irregularities found in her 1989 to 1999 SALNs but also
G.R. No. 225442, August 08,
because of anomalies found in her 2000 to 2002 SALNs, which she was informed of
2017 - SAMAHAN NG MGA
and was given the opportunity to refute. Petitioner conveniently left out in her
PROGRESIBONG KABATAAN
(SPARK), JOANNE ROSE SACE pleadings the following findings of the Office of the Ombudsman:
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2/11/2020 G.R. No. 180745, August 30, 2017 - ALBERTA DE JOYA IGLESIAS, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GEORGE M. J…
G.R. No. 222821, August 09, specify how much the lease rental was and if it were sufficient to pay for
2017 - NORTH GREENHILLS the monthly mortgage owing BPI, and, most importantly, respondent
ASSOCIATION, INC., Petitioner, v. failed to present evidence to substantiate the claim of lease by JIM-Mar
ATTY. NARCISO MORALES, Enterprises.
Respondent.
....
G.R. No. 227878, August 09, As for the trucks and vans, respondent justifies that the same were
2017 - PEOPLE OF THE acquired by virtue of a loan from PNB-Dagupan Branch in the amount of
PHILIPPINES, Plaintiff-Appellee, v. Two Million Pe os (P2,000,000.00). She claims that the same loan was
GERALDO SANTILLAN Y used to buy the dump trucks, van, and other equipment, and as operating
VILLANUEVA AND EUGENE capital for her trucking business. Respondent, however, failed to present
BORROMEO Y NATIVIDAD, evidence regarding the said loan and the security used to obtain it. She
Accused-Appellants. also did not present any evidence regarding the trucking business. Also,
she did not disclose this in her SALN as one of her business interests.
G.R. No. 211222, August 07,
2017 - ALLAN S. CU, Petitioner, v. Further, respondent admitted to committing another act of falsific:ation.
SMALL BUSINESS GUARANTEE In explaining the classification of the Pampanga property as an
AND FINANCE CORPORATION inheritance/donation inter vivos, respondent admitted that she
THROUGH MR. HECTOR M. misdeclared the true value of the said land as merely P50,000.00 in the
OLMEDILLO, Respondent. Deed of Sale conveying the said property in her favor. This scheme was
SANDIGANBAYAN, Respondent.; petitioner would still be liable for the discrepancies in her 2000 to 2002 SALNs. These
G.R. Nos. 186584-86, August 2, discrepancies were stated in the Complaint Affidavit and were given clarification by
2017 - ABUSAMA MANGUDADATU petitioner in her Counter-Affidavit and Position Paper. Moreover, she was able to move
ALID, Petitioner, v. THE HON. for reconsideration of the Office of the Ombudsman February 7, 2005 Resolution.
SANDIGANBAYAN - 1st DIVISION, These circumstances preclude petitioner from claiming that she was denied her right
AGRICULTURE, Respondents.; of public officers as a result of public office being a privilege, on the one hand, and
G.R. No. 198598, August 2, 2017 their right to privacy as protected in the Bill of Rights, on the other. Although this
- ABUSAMA M. ALID, Petitioner, v. Court has held that the requirement of submitting a SALN does not violate the right
PEOPLE OF THE PHILIPPINES, to privacy of public officers,114 it does not mean that they should completely shed
Respondent. this right. Therefore, minor or explainable errors in the SALN, which cannot be
related to an attempt to conceal illicit activities should not be punishable. This Court
G.R. No. 223366, August 01, may relax the rule on strictly complying with the SALN in cases where minor errors
2017 - NATIONAL TRANSMISSION were committed since these may simply be used to harass and obstruct public
CORPORATION, Petitioner, v. officers in the performance of their duties. However, the errors in this case were so
OROVILLE DEVELOPMENT substantial and glaring that they should not escape prosecution.
CORPORATION, Respondent.
WHEREFORE, the Decision dated December 22, 2006 and the Resolution dated
G.R. No. 226679, August 15, November 1, 4007 of the Court of Appeals in CA G.R. SP No. 89585 are AFFIRMED
2017 - SALVADOR ESTIPONA, JR. with MODIFICATION.
Y ASUELA, Petitioner, v. HON.
FRANK E. LOBRIGO, PRESIDING Petitioner Alberta de Joya Iglesias is GUILTY of DISHONESTY and GRAVE
JUDGE OF THE REGIONAL TRIAL MISCONDUCT based on the anomalies found in her 2000 to 2002 Statements of
COURT, BRANCH 3, LEGAZPI Assets, Liabilities, and Net Worth. Thus, she is DISMISSED from service, which
CITY, ALBAY, AND PEOPLE OF THE includes the accessory penalties of cancellation of eligibility, forfeiture of leave credits
PHILIPPINES, Respondents. and retirement benefits, and disqualification for re-employment in the government
service.
G.R. No. 219500, August 09,
2017 - MAMERTO DY, Petitioner, Accordingly, the criminal case against petitioner Alberta de Joya Iglesias shall proceed
v. MARIA LOURDES ROSELL on the basis of the anomalies found in her 2000 to 2002 Statements of Assets,
ALDEA, Respondent. Liabilities, and Net Worth.
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G.R. No. 217965, August 08, This is without prejudice to other administrative and criminal charges that may be
2017 - CONFEDERATION OF filed against her.
COCONUT FARMERS
ORGANIZATIONS OF THE SO ORDERED.
PHILIPPINES, INC. (CCFOP),
Petitioner, v. HIS EXCELLENCY Velasco, Jr., (Chairperson), Bersamin, Martires, and Gesmundo, JJ., concur.
PRESIDENT BENIGNO SIMEON C.
AQUINO III, ACTING
Endnotes:
COMMISSIONER RICHARD ROGER
AMURAO OF THE PRESIDENTIAL
1Rollo, pp. 9-22.
COMMISSION ON GOOD
GOVERNMENT (PCGG),
CHAIRMAN CESAR L. VILLANUEVA 2 Id. at 188-206. The Decision wape1med by Associate Justice Aurora
OF THE GOVERNANCE Santiago Lagman and concurred in by Associate Justices Juan Q. Enriquez,
COMMISSION FOR GOCCS (GCG), Jr. and Regalado E. Maambong of the Special Fifteenth Division, Court of
AND SECRETARY LEILA M. DE Appeals, Manila.
LIMA OF THE DEPARTMENT OF
JUSTICE, Respondents. 3 Id. at 24-33. The Resolution was penned by Associate Justice Aurora
Santiago-Lagman and concurred in by Associate Justices Juan Q.
A.M. No. MTJ-17-1900 Enriquez, Jr. and Normandie B. Pizarro of the Former Special Fifteenth
[Formerly OCA IPI No. 13-2585- Division, Court of Appeals, Manila.
MTJ], August 09, 2017 - ARNEL
MENDOZA, Complainant, v. HON. 4 Id. at 19, Petition.
MARCOS C. DIASEN, JR., ACTING
PRESIDING JUDGE,
5 Id. at 100-113. The Resolution was penned by Ombudsman Simeon V.
METROPOLITAN TRIAL COURT,
Marcelo.
BR. 62, MAKATI CITY,
Respondent.
6 Id. at 114-124. The Joint Order was penned by Graft Investigation and
Prosecution Officer II Adoracion A. Agbada, concurred in by Director
G.R. No. 217764, August 07,
Joaquin F. Salazar, and recommended for approval by Deputy Ombudsman
2017 - ANTONIETA LUCIDO @
for Luzon Victor C. Fernandez. Ombudsman Simeon V. Marcelo approved
TONYAY, Petitioner, v. PEOPLE OF
the Joint Order.
THE PHILIPPINES, Respondent.
14 Id. at 55.
G.R. No. 228248, August 09,
2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. 15 Id. at 56.
ROMEO DE GUZMAN Y DE
CASTRO, Accused-Appellant. 16 Id.
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A.C. No. 8903, August 30, ARTICLE 171. Falsification by fublig Officer, Employee or Notary or
2017 - EDIGARDO V. BONDOC, Ecclesiastic Minister. - The penalty of prision mayor and a fine not to
Complainant, v. ATTY. OLIMPIO R. exceed 5,000 pesos shall be imposed upon any public officer, employ
DATU, Respondent. employee, or notary who, taking advantage of his official position, shall
falsify a document by committing any of the following acts:
G.R. No. 201665, August 30,
2017 - EDISON (BATAAN) ....
COGENERATION CORPORATION,
Petitioner, v. COMMISSIONER OF 4. Making untruthful statements in a narration of facts[,]
INTERNAL REVENUE,
Respondent.; G.R. No. 201668, 20 Rep. Act No. 6713 (1989), sees. 8 and 11 provide:
August 30, 2017 - REPUBLIC OF
THE PHILIPPINES, REPRESENTED
Section 8. Statements and Disclosure. - Public officials and employees
BY THE COMMISSIONER OF
have an obligation to accomplish and submit declarations under oath of,
INTERNAL REVENUE, Petitioner, v.
and the public has the right to know, their assets, liabilities, net worth and
EDISON (BATAAN)
financial and business interests including those of their spouses and of
COGENERATION CORPORATION,
unmarried children under eighteen (18) years of age living in their
Respondent.
households.
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MAGBITANG, RAQUEL CABUCOY, concealed by its being recorded in the name of, or held by, the
MANLUNAS, ROSEMARIE C.
LEYVA, ROSSANA M. YUMOL, 2. Property unlawfully acquired by the respondent, but transferred by
SENETA SERENO, VILMA R. him to another person or persons on or after the effectivity of this
MANGAOANG, GLORIA
BARSOLASCO AND NENA M. 3. Property donated to the respondent during his incumbency, unless
REYES, Respondents. he can prove to the satisfaction of the court that the donation is
lawful.
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TRANSMODAL INTERNATIONAL, that there has been committed a violation of this Act and the respondent
INC., Respondent. is probably guilty thereof, shall file, in the name and on behalf of the
Republic of the Philippines, in the Court of First Instance of the city or
G.R. No. 221857, August 16, province where said public officer or employee resides or holds office, a
2017 - JESUS O. TYPOCO, JR., petition for a writ commanding said officer or employee to show cause
Petitioner, v. PEOPLE OF THE why the property aforesaid, or any part thereof, should not be declared
PHILIPPINES, Respondent.; G.R. property of the State: Provided, That no such petition shall be filed within
No. 222020 - NOEL D. REYES, one year before any general election or within three months before any
Petitioner, v. PEOPLE OF THE special election.
PHILIPPINES, Respondent.
The resignation, dismissal or separation of the officer or employee from
G.R. No. 223731, August 30, his office or employment in the Government or in the Government owned
2017 - ROBELITO MALINIS or controlled corporation shall not be a bar to the filing of the petition:
TALAROC, Petitioner, v. ARPAPHIL Provided, however, That the right to file such petition shall prescribe after
SHIPPING CORPORATION, four years from the date of the resignation, dismissal or separation or
EPIDAURUS S.A., AND/OR expiration of the term of the officer or employee concerned, except as to
NATIVIDAD PAPPAS, those who have ceased to hold office within ten years prior to the
Respondents. approval of this Act, in which case the proceedings shall prescribe after
four years from the approval hereof.
G.R. No. 224204, August 30,
2017 - PHILIPPINE VETERANS ....
BANK, Petitioner, v. SPOUSES
RAMON AND ANNABELLE Section 12. Penalties. - Any public officer or employee who shall, after the
SABADO, Respondents. effective date of this Act, transfer or convey any unlawfully acquired
property shall be repressed with imprisonment for a term not exceeding
G.R. No. 224225, August 14, five years, or a fine not excevding ten thousand pesos, or both such
2017 - NORMA I. BARING, imprisonment and fine. The same repression shall be imposed upon any
Petitioner, v. ELENA LOAN AND person who shall knowingly accept such transfer or conveyance.
CREDIT COMPANY, INC.,
Respondent. 24Rollo, p. 57, Complaint Affidavit.
G.R. No. 211845, August 09, 25 Id. at 189, Court of Appeals Decision.
2017 - PEN DEVELOPMENT
CORPORATION AND LAS BRISAS
26 Id. at 60-70.
RESORT CORPORATION,
Petitioners, v. MARTINEZ LEYBA,
27 Id. at 62.
INC., Respondent.
28 Id. at 62-64.
G.R. No. 215454, August 09,
2017 - HEIRS OF SPOUSES
29 Id. at 62-63.
CORAZON P. DE GUZMAN AND
FORTUNATO DE GUZMAN,
REPRESENTED BY JENIE JANE DE 30 Id. at 63.
GUZMAN-CARPIO, Petitioners, v.
HEIRS OF MARCELIANO 31 Id. at 64.
BANDONG, REPRESENTED BY
REGINA Z. BANDONG, 32 Id. at 65.
Respondents.
33 Id. at 67-68.
G.R. No. 201478, August 23,
2017 - PEOPLE OF THE
34 Id. at 68.
PHILIPPINES, Plaintiff-Appellee, v.
PAROK LUMUDAG Y RACMAN @
35 Id. at 65-66.
AKMAD, Accused-Appellant.
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A.C. No. 8574, August 16, 39 Id. at 269-272. The Order was penned by Director Emilio A. Gonzalez
2017 - CARMELO IRINGAN,
III and recommended for approval by Deputy Ombudsman for Luzon
Complainant, v. ATTY. CLAYTON
Victor C. Fernandez.
B. GUMANGAN, Respondent.
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64 Id. at 110-111.
OCA IPI No. 10-3423-P,
August 22, 2017 - JUDGE RAMON
65 Id. at 111-113.
V. EFONDO, MUNICIPAL TRIAL
COURT OF GOA, CAMARINES
66 Id. at 352-358.
SUR, Complainant, v. EDEN D.
FAVORITO, CLERK OF COURT II,
67 Id. at 114-124.
MUNICIPAL TRIAL COURT, GOA,
CAMARINES SUR, Respondent.;
68 Id. at 188-189, Court of Appeals Decision.
A.M. No. P-11-2889 [FORMERLY
OCA IPI No. 10-10-117-MTC
FINANCIAL AUDIT CONDUCTED 69 Id. at 191.
IN THE MTC OF GOA, CAMARINES
SUR] - OFFICE OF THE COURT 70 Id.
ADMINISTRATOR, Complainant, v.
EDEN D. FAVORITO, CLERK OF 71 Id. at 188-206.
COURT II, MUNICIPAL TRIAL
COURT, GOA, CAMARINES SUR,
72 Id. at 205.
Respondent.
73 Id. at 192-193.
G.R. No. 197297, August 02,
2017 - REPUBLIC OF THE
74 Id. at 193-194.
PHILIPPINES, Petitioner, v.
SPOUSES DANILO GO AND
AMORLINA GO, Respondents. 75 Id. at 194 and 205.
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91 Id. at 252.
G.R. No. 224631, August 23,
2017 - PEOPLE OF THE 92 Id. at 254.
PHILIPPINES, Plaintiff-Appellee, v.
RUPERTO RUBILLAR, JR. Y
93 Id. at 257.
GABERON, Accused-Appellant.
94 Id. at 359-362.
G.R. No. 221991, August 30,
2017 - JOSELITO PERALTA Y
95 Id. at 366-367.
ZARENO, Petitioner, v. PEOPLE OF
THE PHILIPPINES, Respondent.
96 Id. at 368-387.
G.R. No. 222430, August 30,
2017 - TRANSGLOBAL MARITIME 97 Id. at 396-431.
AGENCY, INC., GOODWOOD
SHIPMANAGEMENT PTE., LTD. 98 Id. at 441-464.
AND/OR MICHAEL ESTANIEL,
Petitioners, v. VICENTE D. CHUA,
99 Id. at 471-476.
JR., Respondent.
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CORPORATION AND ROLANDO J. 110Sajonas v. National Labor Relations Commission (First Div.), 262 Phil.
DEL ROSARIO, Petitioners, v. 201, 208 (1990) [Per J. Regalado, Second Division].
SPOUSES RICHARD Y. HUANG &
CARMEN G. HUANG, AND 111See Col. Lubaton v. Judge Lazaro, 717 Phil. 1, 6 (2013) [Per J.
STEPHEN G. HUANG,
Bersamin, First Division].
Respondents.
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