The Ombudsman's June 30 finding came after Municipal Trial Court in Cities Branch 4 judge Rosabella Tormis ordered it on June 24 to file its opposition to the motion within 10 days.
"With the denial of the motion for reconsideration and motion to dismiss, the subject motion is now moot and academic," the Ombudsman said.
Pajantoy is facing reckless imprudence resulting to homicide over the deaths of suspected snatcher Omar Patiño and fellow policeman, SPO4 Manuel Sarcol, on July 2003.
Last March 9, Pajantoy, through his counsel Paul Oaminal, filed a motion for reconsideration and on March 16, he filed a motion seeking to dismiss the case after the mother of Patiño and the wife of Sarcol executed an affidavit of desistance.
Banking on the two pending petitions, the defense pleaded before the court, through a motion dated June 9, "to hold in abeyance the issuance of the warrant of arrest or to hold in abeyance the service thereof."
But on June 20, the Ombudsman denied the two motions, which gave ground for the latest motion to be "moot and academic." As of press time, Tormis issued no order on whether to grant the defense' motion.
Pajantoy, who is facing a separate but related case before the Regional Trial Court Branch 5, is presently detained at the Bagong Buhay Rehabilitation Center after his similar motions were denied by the Ombudsman.
His petition to bail is still pending.