Dismissal of case upheld

CEBU, Philippines - The Court of Appeals Cebu Station affirmed the decision of the anti-graft office dismissing the complaints filed against the legal counsels and an engineer of the National Transmission Corp.

In his 12-page decision, Executive Justice Pampio Abarintos dismissed the petition for review filed by Herbert Buot.

Buot filed a petition before the appellate court seeking for the nullification of the order of the anti-graft office clearing lawyers Noel de Leon, Leon Tapel Jr., Elena Marie Madarang-Capanas, Venerando Ralph Santiago Jr., Christopher Ang and engineer Nathaniel Baluyo Sr. for a violation of Republic Act 3019 or the anti-graft and corrupt practices act and the New Code of Judicial Conduct.

He said the Office of the Ombudsman had no authority to dismiss the administrative complaint filed against the lawyers but only the Supreme Court.

In their comment, respondents said the order of the Office of the Ombudsman was final and executory.  They added pursuant to Section 7, Rule III of the Rules of Procedure of the Office of the Ombudsman the order was unappealable.

Respondents likewise, cited that the appeal filed by the petitioner was out of time.

Executive Justice Pampio Abarintos of 18th Division agreed with the arguments cited by the respondents.

Transco filed a complaint for expropriation against Buot and his wife involving their lot No. 1415 in Abugon, Sibonga town.  The complaint was filed before the Regional Trial Court in Argao, Cebu.

The office of the Ombudsman ruled the petition was prematurely filed and the petition was dismissed for lack of merit.

In his decision, Abarintos sustained the decision of the Ombudsman.

“The Office of the Ombudsman was correct in ruling that the complaint-affidavit filed by petitioner against respondents was premature considering that the issue of just compensation is still pending resolution before the court a quo,” the decision read.  — (FREEMAN)