THE Court of Appeals (CA) affirmed a Malacañang ruling dropping the charges of misconduct against Overall Deputy Ombudsman Orlando Casimiro.
In a two-page resolution of the Court’s First Division, dated May 23, penned by Associate Justice Rodil Salameda and concurred to by Associate Justices Andres Reyes Jr. and Ramon Bato Jr., it junked the motion for reconsideration filed by petitioners Jennifer Agustin-Se and Rohermia Jamsani-Rodriguez, assistant special prosecutors of the Office of the Ombudsman.
According to the ruling, they affirmed the findings of the Office of the President clearing Casimiro from the administrative charges for lack of evidence.
It argued that the issues raised by the petitioners have already been thoroughly and judiciously passed upon “and this reason along warrants the outright dismissal of the present motion.
“Wherefore, finding no reason to modify, much more to reverse, our decision dated 29 November 2012, the instant motion is hereby Denied,” it avers.
“It is not disputed that the Court affirmed the Decision of the Office of the President after an assiduous evaluation of the facts of the records of the case. Needless to say, with the Court’s concurrence with the findings of the Office of the President, the implication that the latter ruled based on substantial evidence could not be missed,” it was pointed out.
The case stemmed from the delay in the resolution of a 15-year-old case against retired Air Force officers Lt. Gen. Leopoldo Acot, Brig. Gen. Ildefonso Dulinayan and several other low-key officers involving ghost deliveries of assorted supplies and material to the Philippine Air Force worth P89 million.
Graft investigators Rainier Almazan and Rudiger Falcis recommended the filing of a criminal case against Acot and Dulinayan for violating Sec.3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and malversation of public funds in 1996.
Agustin-Se and Jamsan-Rodriguez sought redress before the OP citing Casimiro’s delay in acting pertaining to the case.
They failed to convince the executive secretary to rule in their favor, prompting them to elevate the case to the appellate court.
In its ruling, the appeals court ruled that the special prosecutors failed to present proof that the delay was orchestrated by Office of the Special Prosecutor John Turalba and Casimiro.
The court added that the charges against the respondents were mere suspicion and speculation.