A Motion for Reconsideration/Reinvestigation of the decision or order issued by the Office of the Ombudsman may be filed on any of the following grounds: (a) New evidence had been discovered which materially affects the order, directive or decision; 3019. xxx, xxx       xxx       xxx, However, the preventive suspension may not be of indefinite period . The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. Accused Labay likewise seeks the reduction of his bail from a total of PhP480,000.00 to PhP100,000.00. The second kind is judicial in nature and is lodged with the judge.25. 14 PAL v. Pascua, G.R. . 7 Annex "J," Petition; Rollo, pp. 143258, August 15, 2003, 409 SCRA 195. In her motion, Pearl Ungab alleged that Tiu failed to present grounds for the case’s reinvestigation and that Tiu’s omnibus motion was filed beyond … On June 30, 1999, petitioner interposed an Urgent Motion to Defer Proceedings with Motion for Leave to File Petition for Review with the [OMB], which motion, however, the Sandiganbayan denied in its first assailed Order of July 23, 19998 on the ground that the motion partakes of "[a prohibited] second Motion for Reconsideration [and that] the matters raised therein appear to be evidenciary in character which should be ventilated during the trial.". On October 4, 1999, the respondent filed with the SB a Motion for Leave to Order Reinvestigation and/or Quash Information on the following grounds: I THE FINDING OF PROBABLE CAUSE IN THE RESOLUTION OF THE OFFICE OF THE OMBUDSMAN, WHICH WAS THE BASIS OF THE INFORMATION FILED AGAINST THE ACCUSED, WAS NOT SUPPORTED BY THE FACTS AND … In her complaint, docketed as OMB-VIS-CRIM-96-1210, Ty stated that she was influenced and induced by the petitioner to violate certain office rules and regulations. As the Court articulated in Segovia v. Sandiganbayan,18 citing what then Chief Justice Andres R. Narvasa referred to therein as the "mass of jurisprudence": The Anti-Graft and Corrupt Practices Act implicitly recognizes that the power of preventive suspension lies in the court in which the criminal charge is filed;. Category: Civil Procedure. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act: (a) Abandonment of the child. Motion for New Trial; The case is not reopened for further proceeding. Pursuant to the Authority vested in the Office of the Ombudsman under Section 18, 23 and 27 of Republic Act 6670, otherwise known as the Ombudsman Act of 1989, the following guidelines are hereby promulgated: Reinvestigation. In this petition for certiorari under Rule 65 of the Rules of Court, with prayer for injunctive relief, Conrado B. Nicart, Jr. seeks to annul and set aside the Order dated July 23, 19991 of the Sandiganbayan, Third Division, and its Resolutions dated January 30, 20012 and February 15, 2001,3 all issued in its Criminal Case No. It relates to petitioner's Urgent Omnibus Motion dated August 25, 1990, which the Sandiganbayan denied in its assailed Resolution of January 30, 2001.21 Parenthetically, the petitioner did not bother to attach in his petition a copy of the urgent omnibus motion, thus leaving the Court in the dark as to the issues and supporting arguments raised therein. 147272; Rollo, pp. 9, Rule 116. vi. Motion for reconsideration or reinvestigation; Grounds. 63. 13 Page 14, Petitioner's Urgent Motion for Reconsideration in G.R. Going into specifics, she alleged issuing, upon petitioner's instructions, several PNB checks in favor of third parties, which checks, however, ended being encashed by petitioner's wife, Thelma. – File a motion to quash/dismiss the information against the accused within the ten-day (10) period for filing the counter-affidavit where appropriate and only on any of the following two (2) grounds: a. lack of jurisdiction over the subject matter; b. non-referral to the Barangay Conciliation process 23 Mayuga v. Maravilla, No. The Deputy Ombudsman for Visayas endorsed the recommendation which then Ombudsman Aniano Desierto approved on June 9, 1998. Motion for Reinvestigation CRIMPRO 2014 - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. 4. But then an investigation, advisedly called preliminary, is not the stage for the full and exhaustive display of the parties' evidence; it is, to stress, only an occasion for the presentation of such evidence as may engender a prima facie showing that an offense has been committed and that the accused probably committed it.27 The question of whether or not the COA audit report is the only determinative documentary evidence to prove the offense charged is not a proper subject of inquiry in this certiorari proceedings. That this case was filed by the Honorable Asst. Ground for reconsideration.–. Only one motion for reconsideration shall be allowed. And according to Ty, petitioner drew funds from her (Ty's) cash advances and used the same for purposes other than what they were appropriated for, adding, in close, that petitioner purchased, in January 1994, a Nissan car using a PNB check issued in her (Ty's) name. – The motion for new trial or reconsideration shall be in writing and shall state the grounds on which it is based. 3019,17 malversation of public funds being an offense involving fraud against government funds and is clearly included among the crimes contemplated under said section. 78 et seq. ), concurred in by Associate Justice Teresita Leonardo de Castro and Associate Justice Ricardo M. Ilarde (ret. The motion was prepared by our law office. A. As may be noted, the anti-graft court ordered the petitioner's suspension on the basis of Section 13 of R.A. No. For his part, petitioner tagged Ty's accusatory but false allegations as a case of buck-passing, and then proceeded to file a counter-charge against Ty for malversation and violation of R.A. No. Following the usual preliminary investigation, Graft Investigating Officer Thaddeus Boiser submitted a Resolution dated March 31, 1998 on the consolidated OMB-VIS-CRIM Nos. On its face, however, the Resolution of January 30, 2001 only passed upon and resolved, in the affirmative, the issue on the existence of a probable cause for malversation against the petitioner and accordingly denied his plea to quash information. If such request was made, all supporting documents shall be submitted within 60 days from date of filing of the protest. Ground for reconsideration. As it were, the respondent court predicated its denial of the motion to defer on, inter alia, the fact that the said motion "partakes of a second Motion for Reconsideration" suggesting � and correctly so - that the filing thereof is contrary to the Office of the Ombudsman's one-motion rule expressed under the following provision: SEC. No. Then make: One copy of the Motion to Vacate a Default Judgment and the Notice of Motion for your records; One copy for each person you are mailing it to. This case started when Nilcar Mosende, et al., on the basis of the findings of the Commission on Audit (COA), filed with the Office of the Ombudsman for the Visayas (OMB-Visayas, hereinafter) a complaint against herein respondent Luz B. Ty (Ty, hereinafter), then municipal treasurer of San Policarpo, Eastern Samar for, among other offenses, misappropriation of over P4.1 Million of public funds. ... Motion for Reinvestigation. L. 28949, June 23, 1969, 28 SCRA 540. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. Motion to quash information when the ground is not one of those stated in Sec. No. ); Appendix "A," Petition; Rollo, p. 41. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. Hence, the administrative complaint filed by the private complainant is a violation of the principle on sub judice. But while the institution of a criminal suit, be it thru complaint or information, rests upon the sound discretion of the prosecutor, the trial court, once its jurisdiction over the case attaches, is not without competence, nay the duty, to evaluate, in appropriate cases, the prosecution's determination of a probable cause, particularly when confronted with a motion to quash on the ground that the prosecution had filed the information or denied a motion for reinvestigation with grave abuse of discretion. 4 Appendix "E," Petition; Rollo, pp. . Sec. However, the NBI Questioned Document Report No. 11, Rule 116. vii. (a-1) Abandonment of a newborn infant in a hospital. 132-133. CONRADO B. NICART, JR., petitioner, Petition to suspend the criminal action on the In the case at bench, petitioner cannot plausibly impute grave abuse of discretion on respondent Sandiganbayan for denying, pursuant to its January 30, 2001 resolution, his motion to quash information on the issue of existence of probable cause. The determination of a probable cause during a preliminary investigation pertains to the public prosecutor who inquires into facts concerning the commission of a crime with the end in view of determining whether an information may be prepared and filed against the accused.22 This prefatory inquiry is for the purpose of ascertaining whether or not there is well-founded ground to believe that a crime has been committed by the accused who is probably guilty thereof,23 and ergo should be held for trial.24 Such investigation should be distinguished from an inquiry to determine probable cause for the issuance of a warrant of arrest. Preventive Suspension. - Whenever allowable, a motion for reconsideration or reinvestigation may only be entertained if filed within ten (10) days from receipt of the decision …. Trial judges are thus required to make their own assessment of whether the secretary of justice committed grave abuse of discretion in granting or denying the appeal, separately and independently of the prosecution's or the secretary's evaluation that such evidence is insufficient or that no probable cause to hold the accused for trial exists. Polar Bear, Polar Bear, What Do You Hear? . vs. Like the petitioner's challenge against the preventive suspension resolution of the Sandiganbayan, his assault against that court's July 23, 199919 order must likewise be given a short shrift. 129-131. HON. The prosecution did not oppose the motion for reinvestigation. 3. The contention of the accused that the Special Prosecutor "has nothing at all to support his decision" �, therefore, is not correct. Motion for reconsideration. ‍In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. TO ADMIT SUPPLEMETAL EVIDENCE CONSISTING OF FINANCIAL RECORDS AND OTHER DOCUMENTS. 4. Sec. It is mandatory for the court to place under preventive suspension a public officer accused before it. 9, Rule 116. vi. The Go-Giver: A Little Story About a Powerful Business Idea, The Positive Shift: Mastering Mindset to Improve Happiness, Health, and Longevity, 100% found this document useful (3 votes), 100% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Motion for Reinvestigation-2 For Later. An information was accordingly filed with the Sandiganbayan against both petitioner and Ty, docketed as Criminal Case No. • That other legal or factual grounds exist to warrant a dismissal. .20. The original signed Motion to Vacate a Default Judgment and Notice of Motion will be given to the court when you file them. 8. At any time after the filing of the petition and before its resolution, the petitioner may, with leave of court, file a motion for reinvestigation on the ground that new and material evidence has been discovered which petitioner could not, with reasonable diligence, have discoveredduring the preliminary investigation and which if produced and admitted would probably change the resolution. As may be recalled, the order adverted to denied, as earlier recited, petitioner's Urgent Motion to Defer Proceedings with Motion for Leave to Allow Accused to File Petition for Review with the Office of the Ombudsman. For, the filing of an information follows and is dependent on a finding of a probable cause in a preliminary investigation. The Lawphil Project - Arellano Law Foundation. Motion to quash information when the ground is not one of those stated in Sec. For legal research purposes of our readers. Cases,^ a motion for reinvestigation based on unmeritorious grounds is already a prohibited pleading. 10 Annex "C," Petition; Rollo, pp. Motion to suspend the arraignment based on grounds not stated under Sec. The Neutral subsequently 2 issued a confidential inspection report that verified the Union’s majority support, and the ... 18 Here, SEMRECC’s only grounds for seeking reinvestigation is that it disagrees In a bid then to evade liability that might arise from the Mosende complaint, Ty, in an AFFIDAVIT-COMPLAINT4 dated November 6, 1966, charged petitioner with violation of Section 3 (a) and (e) of Republic Act (R.A.) No. SECTION 13. This was followed by another Resolution dated June 20, 2001,12 denying a reconsideration of the first, prompting the Sandiganbayan, per petitioner's own manifestation, to proceed with his arraignment scheduled on April 17, 2001.13, Given the separate resolutions adverted to dated April 2 and June 20, 2001, the propriety of the preventive suspension of petitioner effected through the assailed Resolution of February 15, 2001 has become a moot issue, it appearing that he has already served his suspension. Motion for reconsideration or reinvestigation; Grounds. . Suspension and loss of benefit.- Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code, or for any offense involving fraud upon government or public funds � is pending in court shall be suspended from office. xxx. This is a sample omnibus "motion for reinvestigation, reconsideration and to re-open a preliminary investigation and admit supplemental evidence" in re a case for Estafa. No. xxx xxx xxx. 20 The accusatory portion of the information6 reads as follows: That in or about the month of October 1996 and for sometime prior thereto, at the Municipality of San Policarpo, Province of Eastern Samar, Philippines, and within the jurisdiction of this Honorable Court, above named accused, public officers, being the Municipal Mayor and Municipal Treasurer of the [said] Municipality � and as such, have in their possession and custody of public funds in the total amount of FOUR MILLION ONE HUNDRED SIX THOUSAND FOUR HUNDRED EIGHTY NINE AND 15/100 PESOS (P4,106,489.15), Philippine Currency, for which they are accountable by reason of the duties of their office, taking advantage of their official positions, conniving and confederating together � with intent to defraud and of gain, did then and there willfully, unlawfully and feloniously appropriate, take, misappropriate, embezzle and convert to their own personal use and benefit said public funds in the amount of FOUR MILLION ONE HUNDRED SIX THOUSAND FOUR HUNDRED EIGHTY NINE AND 15/100 PESOS (P4,106,489.15) Philippine Currency, and despite demands made upon them to account for said public funds, they have failed to do so, to the damage and prejudice of the government, particularly the Municipality of San Policarpo, Eastern, Samar. 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