CA affirms dismissal of raps vs deputy ombudsman

MANILA, Philippines - The Court of Appeals (CA) has affirmed its ruling in November 2012 dismissing the charges against Overall Deputy Ombudsman Orlando Casimiro for alleged delays in the resolution of a 15-year-old case.

In a two-page resolution promulgated May 23, the CA’s First Division dismissed the appeal filed by petitioners Jennifer Agustin-Se and Rohermia Jamsani-Rodriguez, assistant special prosecutors of the Office of the Ombudsman who questioned an earlier ruling of the Office of the President junking their administrative complaint for misconduct against Casimiro.

The CA held that the issues raised by the petitioners have already been thoroughly and judiciously passed upon “and this reason alone warrants the outright dismissal of the present motion.” Associate Justice Rodil Salameda penned the ruling, with which Presiding Justice Andres Reyes Jr. and Associate Justice Ramon Bato Jr. concurred.

The case stemmed from the delay in the resolution of a 15-year-old case against retired Lt. Gen. Leopoldo Acot, Brig. Gen. Ildefonso Dulinayan and several other personnel involving P89 million in ghost deliveries of assorted supplies and material to the Philippine Air Force (PAF).

In 1996, graft investigators Rainier Almazan and Rudiger Falcis recommended that these PAF officials be charged for malversation of public funds and violating the anti-graft law.

Agustin-Se and Jamsan-Rodriguez sought redress before the Office of the President, citing Casimiro’s delay in acting on 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 Special Prosecutor John Turalba and Casimiro.