GR No 169098

Manuel Baviera vs Rolando Zoleta

GR No 169098         October 12, 2006

Facts:

          Baviera filed several complaints against officers and directors of the Standard Chartered Bank (SCB), Philippine Branch. Baviera was a former employee of the bank, and at the same time, an investor who was allegedly victimized by the officers and directors of the SCB. He filed for hold departure order against the accused and the same was granted. However, despite the same, Raman was still able to go out of the country to attend a conference when Secretary Datumanong lifted the HDO.

    Baviera received a copy of the Resoution approving the contention of Secretary Datumanong that the lifting of HDO was in order and no illegalities were committed as the same did not receive any compensation from Raman in exchange of the deed. Baviera filed a petition for certiorari with the SC.

Issue:

        WON the respondent officials committed grave abuse of discretion amounting to lack or excess of jurisdiction.

Held:

      The Court found that Baviera failed to establish that the respondent officials committed grave abuse of discretion amounting to excess or lack of jurisdiction. Grave abuse of discretion implies a capricious and whimsical exercise of judgment tantamount to lack of jurisdiction.

         Ombudsman’s exercise of power must have been done in an arbitrary or despotic manner which must be so patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined or to act to all in contemplation of the law.

          

        SC held that Baviera failed to establish probable cause for violation of Sections 3 (a), (e), and (j) of RA No 3019. Indeed, in the absence of a clear case of abuse of discretion, this Court would not interfere with the exercise of the Ombudsman’s discretion who, based on his own findings and deliberate consideration of the case, either dismisses a complaint or proceeds with it.