In Dichaves v. Office of the Ombudsman, the Supreme Court affirmed the Ombudsman’s finding of probable cause to charge Jaime Dichaves with plunder, emphasizing the broad powers granted to the Ombudsman in investigating and prosecuting public officials. The Court underscored that it generally does not interfere with the Ombudsman’s exercise of its constitutional mandate unless grave abuse of discretion is clearly established. This decision reinforces the importance of respecting the Ombudsman’s role as an independent body in combating corruption and ensuring accountability in government.

The Tangled Web of ‘Jose Velarde’: Did the Ombudsman Abuse Discretion in Pursuing Dichaves?

This case revolves around allegations that Jaime Dichaves conspired with former President Joseph Estrada to amass ill-gotten wealth through commissions from the purchase of Belle Corporation shares by the Government Service Insurance System (GSIS) and the Social Security System (SSS). The complaints against Dichaves stemmed from the infamous “Jose Velarde” account, which was allegedly used to hide Estrada’s illicit gains. Dichaves was accused of depositing substantial amounts into this account, thereby participating in the crime of plunder. The central legal question is whether the Ombudsman committed grave abuse of discretion in finding probable cause against Dichaves, particularly considering that Dichaves claimed he was denied the opportunity to cross-examine witnesses and that the Ombudsman relied on evidence not presented during the preliminary investigation.

The Supreme Court began its analysis by reiterating the principle of non-interference with the Ombudsman’s functions. The Court cited Article XI, Section 12 of the Constitution, which mandates the Ombudsman to act promptly on complaints against public officials. Additionally, the Court referenced Republic Act No. 6770, known as “The Ombudsman Act of 1989,” to further underscore the broad latitude granted to the Ombudsman in handling criminal complaints. The Court emphasized that this non-interference policy is rooted in the respect for the investigatory and prosecutory powers constitutionally vested in the Office of the Ombudsman. This independent constitutional body is expected to act as the champion of the people and to preserve the integrity of public service, free from undue influence or pressure.

The Court clarified that determining probable cause is an executive function that is highly factual in nature. It involves examining the facts and circumstances to determine whether there is a reasonable belief that the person charged committed the crime. The Court stated that the Office of the Ombudsman, by virtue of its power to investigate, is in a better position to evaluate the strength of the evidence and determine whether probable cause exists. Consequently, the Court typically defers to the sound judgment of the Ombudsman in such matters. The ruling emphasizes that the courts are not triers of fact and should exercise restraint in interfering with the Ombudsman’s findings unless there is a clear showing of grave abuse of discretion.

Dichaves argued that the Ombudsman committed grave abuse of discretion by not allowing him to cross-examine witnesses and by considering evidence that was not presented during the preliminary investigation. The Supreme Court rejected these arguments, explaining that the right to cross-examine witnesses is not absolute during a preliminary investigation. According to the Court, the purpose of a preliminary investigation is to determine whether there is sufficient evidence to establish a well-grounded belief that an offense has been committed and that the respondent is probably guilty.

The court added, moreover, that a preliminary investigation does not require a full and exhaustive display of the parties’ evidence, contrasting this with a full trial. The Court cited Article III, Section 14(2) of the Constitution, which outlines the rights of an accused in criminal prosecutions, but clarified that these rights come into play only after a complaint or information has been filed in court, thus initiating a criminal action. Because Dichaves had fled the country, he was never arraigned and could not claim the right to confront and cross-examine his accusers.

In further defending the practices of the Office of the Ombudsman, the Court emphasized that public prosecutors are not bound by the strict technical rules of evidence during a preliminary investigation. The executive finding of probable cause requires only substantial evidence, not absolute certainty of guilt. The Court cited Kalalo v. Office of the Ombudsman, et al., stating that the average person weighs facts and circumstances without resorting to the technical rules of evidence, relying instead on common sense. The Ombudsman needs only to depend on evidence that creates a “more likely-than-not” belief that a crime has been committed, making the technical rules on evidence inapplicable at this stage.

The Court also dismissed Dichaves’s claim that the Ombudsman improperly considered evidence not presented during the preliminary investigation. It clarified that references to Estrada’s impeachment and plunder trials were used only to summarize the complainants’ allegations and replies. The finding of probable cause against Dichaves was based on the contents of the second envelope, the deposits in the “Jose Velarde” account, the circumstances surrounding the GSIS and SSS acquisition of Belle shares, and the affidavits of Carlos Arellano, Federico Pascual, and Mark Jimenez.

Furthermore, the Court noted that the Ombudsman could rely on the facts as stated in the related case of People v. Estrada, which had become a matter of public knowledge and formed part of Philippine jurisprudence. The Court also noted that both cases shared the same criminal case number, and therefore the Sandiganbayan’s pronouncements in People v. Estrada could be judicially noticed in Dichaves’ case. The Court also stated that the determination of whether Ocier’s affidavit of recantation should be considered is up to the Sandiganbayan, as it can be brought up during trial, but there is already substantial evidence to affirm the finding of probable cause against the petitioner.

In light of the evidence, the Court concluded that the Ombudsman’s exercise of its prerogative to charge Dichaves with plunder was not whimsical, capricious, or arbitrary. It reiterated that only opinion and reasonable belief are sufficient at the preliminary stage, and Dichaves’s arguments contesting the finding of probable cause should be addressed in a full-blown trial. The Court emphasized that it found no reason to violate the policy of non-interference in the exercise of the Ombudsman’s constitutionally mandated powers, and thus affirmed the Ombudsman’s ruling.

FAQs

What was the key issue in this case?	The key issue was whether the Ombudsman committed grave abuse of discretion in finding probable cause to charge Jaime Dichaves with plunder, particularly considering his claims of denial of cross-examination and improper evidence.
What is the significance of the “Jose Velarde” account?	The “Jose Velarde” account was allegedly used by former President Joseph Estrada to hide ill-gotten wealth, and Jaime Dichaves was accused of depositing funds into this account as part of a conspiracy.
What does probable cause mean in this context?	Probable cause means there is sufficient evidence to establish a well-grounded belief that a crime has been committed and that the person charged is probably guilty of the crime.
Did Dichaves have the right to cross-examine witnesses during the preliminary investigation?	No, the Supreme Court clarified that the right to cross-examine witnesses is not absolute during a preliminary investigation; it is primarily a right during trial.
What standard of evidence does the Ombudsman need to establish probable cause?	The Ombudsman needs only substantial evidence, not absolute certainty of guilt, to establish probable cause during a preliminary investigation.
Can the Ombudsman rely on evidence from related cases?	Yes, the Supreme Court noted that the Ombudsman could rely on the facts as stated in the related case of People v. Estrada, which had become a matter of public knowledge and jurisprudence.
What was the basis for the Ombudsman’s finding of probable cause against Dichaves?	The probable cause was grounded on the contents of the second envelope, deposits in the “Jose Velarde” account, the GSIS and SSS acquisition of Belle shares, and affidavits from key witnesses.
What is the Court’s general stance on interfering with the Ombudsman’s decisions?	The Court generally does not interfere with the Ombudsman’s decisions unless there is a clear showing of grave abuse of discretion, respecting the Ombudsman’s constitutional mandate.

This case reinforces the independence and authority of the Office of the Ombudsman in pursuing corruption cases. The Supreme Court’s decision underscores that it will generally defer to the Ombudsman’s findings of probable cause unless there is a clear showing of grave abuse of discretion, ensuring that the Ombudsman can effectively perform its constitutional mandate without undue interference.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JAIME DICHAVES VS. OFFICE OF THE OMBUDSMAN AND THE SPECIAL DIVISION OF THE SANDIGANBAYAN, G.R. Nos. 206310-11, December 07, 2016