In Mario L. Relampagos v. Office of the Ombudsman, the Supreme Court affirmed the Ombudsman’s finding of probable cause against petitioner Mario L. Relampagos for malversation of public funds through falsification of public documents and violation of Section 3(e) of RA 3019. The Court emphasized its non-interference in the Ombudsman’s factual determinations, recognizing the Ombudsman’s expertise in investigating and prosecuting public officials. This decision reinforces the authority of the Ombudsman to pursue cases involving alleged misuse of public funds, ensuring accountability and upholding the integrity of public service.

Malampaya Fund Misuse: When Does Signing Off Imply Complicity?

The case revolves around the alleged anomalous use of P900 million from the Malampaya Fund, intended for agrarian reform beneficiaries affected by typhoons. These funds were allegedly diverted through non-governmental organizations (NGOs) controlled by Janet Lim Napoles. Petitioner Mario L. Relampagos, then-Undersecretary of the Department of Budget and Management (DBM), was implicated for signing the Notice of Cash Allocation (NCA) that facilitated the release of funds. The central legal question is whether Relampagos’s act of signing the NCA, despite knowledge of potential irregularities, constitutes probable cause for malversation and violation of anti-graft laws, thereby warranting a trial.

At the heart of this case lies the delicate balance between an official’s duty to execute directives and their responsibility to ensure the legality and propriety of fund disbursements. The Ombudsman, tasked with investigating the matter, found sufficient basis to believe that Relampagos acted in conspiracy with others to facilitate the diversion of public funds. The Ombudsman’s determination of probable cause is not a pronouncement of guilt. As such, probable cause merely requires that the elements of the crime are reasonably apparent. Relampagos argued that the evaluation and preparation of the Special Allotment Release Orders (SAROs) and NCAs were handled by technical staff, and he signed the NCA in good faith, relying on the DBM Secretary’s approval. He also claimed that the lack of a List of Due and Demandable Accounts Payable (LDDAP) was not a legal impediment at the time of the NCA’s issuance.

The Court, however, emphasized that its role is not to substitute its judgment for that of the Ombudsman in factual determinations. The Supreme Court reiterated the principle of non-interference in the Ombudsman’s exercise of its investigatory and prosecutorial powers, as enshrined in the Constitution and RA 6770. The Constitution grants the Ombudsman a wide latitude to act on criminal complaints against public officials and government employees. Therefore, the Supreme Court may only interfere when there is a clear showing of grave abuse of discretion, which means a virtual refusal to perform a positive duty under the law. The court highlighted that a finding of probable cause only needs to rest on evidence showing that, more likely than not, a crime has been committed and there is sufficient reason to believe that the accused committed it. Probable cause need not be based on clear and convincing evidence of guilt, or on evidence establishing absolute certainty of guilt.

“The executive determination of probable cause is a highly factual matter. It requires probing into the ‘existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he [or she] was prosecuted.’”

The Supreme Court also addressed Relampagos’s argument that the elements of violation of Section 3(e) of RA 3019 and malversation were not present. The Court held that whether the elements of the crime are present is already a matter of evidence and is best passed upon in a full-blown trial on the merits. The Supreme Court has consistently held that conspiracy need not be proven by direct evidence, as it can be inferred from the acts of the accused. Relampagos argued that the allegation of conspiracy against him was baseless, being merely based on speculation and lacking proof of overt acts indicating a common design. The Court rejected this argument, stating that it cannot interfere with the Ombudsman’s discretion in determining the adequacy of evidence.

“The Court cannot interfere with the Ombudsman’s discretion in determining the adequacy or inadequacy of the evidence before him.”

The Court noted that Informations had already been filed before the Sandiganbayan, and Relampagos was declared a fugitive from justice for failing to return to the country following a permitted travel. This development further underscored the gravity of the charges against him.

FAQs

What was the key issue in this case?	The key issue was whether the Ombudsman gravely abused its discretion in finding probable cause against Mario L. Relampagos for malversation of public funds and violation of anti-graft laws.
What is the Malampaya Fund?	The Malampaya Fund is derived from the government’s share in the revenues from the Malampaya gas field project. It is intended for energy-related projects and other purposes as authorized by the President.
What is probable cause?	Probable cause is a reasonable ground for belief in the existence of facts warranting the proceedings complained of. It does not require absolute certainty but only a well-founded belief that a crime has been committed.
What does non-interference in Ombudsman’s decisions mean?	It means the Supreme Court generally respects the Ombudsman’s findings on factual matters and will only intervene if there is grave abuse of discretion.
What is Section 3(e) of RA 3019?	Section 3(e) of RA 3019 prohibits public officials from causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference in the discharge of their official administrative or judicial functions through manifest partiality, evident bad faith, or gross inexcusable negligence.
What is the role of the Notice of Cash Allocation (NCA)?	The NCA is a document issued by the DBM authorizing government agencies to withdraw funds from the Treasury to cover their expenditures.
What is an Information?	An Information is a formal charge filed by the prosecutor in court, accusing a person of committing a crime.
What is malversation of public funds?	Malversation involves a public officer appropriating public funds or property entrusted to them for their own use or the use of another.
What is the significance of being declared a fugitive from justice?	Being declared a fugitive from justice means that a person has evaded legal proceedings. It can result in the denial of certain rights and privileges.

The Supreme Court’s decision underscores the importance of the Ombudsman’s role in holding public officials accountable for alleged misuse of public funds. It also serves as a reminder of the responsibilities of public officials in ensuring the proper disbursement of government resources. The ruling highlights the principle that even seemingly routine actions, such as signing an NCA, can lead to legal liability if done with knowledge of potential irregularities.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

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: MARIO L. RELAMPAGOS, VS. OFFICE OF THE OMBUDSMAN, G.R. Nos. 234868-69, July 27, 2022