EN BANC  

February 12, 2019

G.R. No. 219824-25

PEOPLE OF THE PHILIPPINES, Petitioner

vs.
HONORABLE SANDIGANBAYAN (First Division), MARIO L. RELAMPAGOS, MARILOU D.
BARE, ROSARIO S. NUNEZ and LALAINE N. PAULE, Respondents

DECISION

REYES, J. JR., J.:

Through a Petition for Certiorari  under Rule 65 of the Rules of Court, petitioner People of the
1

Philippines, represented by the Office of the Ombudsman (Ombudsman) through the Office of the
Special Prosecutor, seeks to partially nullify the (1) Resolution  dated May 13, 2015 of the
2

Sandiganbayan (First Division) in Criminal Case Nos. SB-15-CRM-OO 17 for violation of Section
3(e) of Republic Act (R.A.) No. 3019 and SB-15-CRM0020 for violation of Article 21 7 of the Revised
Penal Code (RPC), or malversation of public funds, insofar as it dismissed the said criminal cases
against herein respondents; and (2) Resolution  dated July 9, 2015 insofar as it denied petitioner's
3

motion for partial reconsideration. 4

The Facts

Following the disclosure by Benhur Luy (Luy) of the "pork barrel scam" or "PDAF scam" perpetrated
through a scheme that utilizes the Priority Development Assistance Fund (PDAF) allocated to the
members of the Congress, the National Bureau of Investigation (NBI) filed a complaint against then
Congressman Constantino G. Jaraula (Jaraula) and several other public officers, which included
Mario L. Relampagos (Relampagos) as then Undersecretary for Operations, Rosario S. Nufiez
(Nuñez), Lalaine N. Paule (Paule) and Marilou D. Bare (Bare) (collectively, Relampagos, et al.),
assigned to the Office of the Undersecretary for Operations, all of the Department of Budget and
Management (DBM), for malversation of public funds, direct bribery, corruption of public officials and
violation of Section 3, paragraphs (b), (e), (g) and U), and Section 4 of R.A. No. 3019.

As uncovered by the NBI, the scheme begins with either the lawmaker or Janet Lim Napoles
(Napoles) commencing negotiations for the use of the PDAF. They would then agree on the projects,
the Napoles-controlled nongovernmental organization (NGO) which would implement the project and
the implementing agency through which the project shall be coursed.  5

Luy would then prepare a "listing" containing the list of projects to be implemented by the NGO, the
implementing agency and the project cost. The lawmaker would then adopt the "listing" and shall
then request the Senate President and the Finance Committee Chairperson (in case of a Senator),
or to the House Speaker and Chair of the Appropriations Committee (in case of a Congressman), for
the release of his allocation. The request shall then be endorsed by the Senate President or the
Speaker, as the case may be, to the DBM. 6

The DBM shall then issue a Special Allotment Release Order (SARO), and later, a Notice of Cash
Allocation (NCA), to the implementing agency. Thereafter, the lawmaker shall endorse the Napoles-
controlled NGO to the implementing agency. A memorandum of agreement covering the project to
be undertaken shall then be executed between the lawmaker, the implementing agency and the
Napoles-controlled NGO. The implementing agency then releases the check to the NGO, the
proceeds of which shall thereafter be withdrawn by Napoles.  7

Among the implementing agencies mentioned by Luy was the Technology Resource Center (TRC),
which allegedly transferred funds to Countrywide Agri and Rural Economic Development
Foundation, Inc. (CARED), a Napoles-controlled "dummy" NGO.  8

The NBI also presented records from the Commission on Audit (COA) showing that in 2007, an
aggregate amount of P30,000,000.00 covered by three SAROs, i.e., SARO No. ROCS-07-00580,
SARO No. ROCS-07- 00861 and SARO No. ROCS-07-05450, were taken from Jaraula's PDAF and
then transferred from TRC to CARED. The COA also conducted a special audit on the PDAF
allocations and disbursements of Jaraula from 2007 to 2009, the results of which were contained in
the COA Special Audits Office (SAO) Report No. 2012-03. 9

Meantime, the Field Investigation Office (FIO) of the Ombudsman also filed a complaint against
Jaraula and other public officers, including Relampagos, et al., for malversation of public funds and
violation of Section 3(e) of R.A. No. 3019.   The FIO complaint alleged, among others, that Jaraula
10

and Napoles conspired with each other in misappropriating the PDAF allocation and converting it to
their personal use and benefit, and that Jaraula acted with manifest partiality and evident bad faith in
endorsing CARED, thus, giving Napoles unwarranted benefits causing undue injury to the
government.  11

The Ombudsman's Resolution

The NBI and the FIO complaints were jointly resolved by the Ombudsman in its Joint
Resolution   dated September 26, 2014.
12

Based on the testimonies of Luy, Marina Sula (Sula) and Merlina Sufi.as (Suñas), all employees of
the Janet Lim Napoles Corporation, COA Report No. 2012-03 and the FIO verification, the
Ombudsman found probable cause against therein respondents, including Relampagos, et al., for
three counts of violation of Section 3(e) of R.A. No. 3019, covering SARO No. ROCS-07-00580,
SARO No. ROCS-07-00861 and SARO No. ROCS07-05450.

Insofar as respondents Relampagos, et al. were concerned, the Ombudsman held that they were the
ones who processed the SAROs and the NCAs pertaining to Jaraula's PDAF projects. They also
exhibited manifest partiality in favor of Napoles when they expedited the processing of the SAROs
and NCAs.

The Ombudsman also found probable cause to indict therein respondents, including Relampagos, et
al., for three counts of malversation of public funds for having conspired with Jaraula and Napoles to
misappropriate public funds drawn from Jaraula's PDAF.
Respondents Relampagos, et al. filed a consolidated motion for reconsideration, arguing that the
PDAF Process Flow adopted by the DBM for 2007 to 2009 shows that they had no means of
expediting the release of the SAROs and NCAs of Jaraula.  13

Relampagos claimed that his participation was limited to the signing of the SAR Os only in the
absence of the DBM Secretary and that out of the three SAROs, he signed only two: SARO No.
ROCS-07-00580 and SARO No. ROCS-07-00861. He claimed that he had no participation in the
preparation of the SAROs nor the NCAs because the evaluation and recommendation for the
release of such were not done by his office. 14

Similarly, Nuñez, Paule and Bare claimed that they had no participation in the release of the PDAF
from 2007 to 2009 and that Luy's follow-up of the status of the release of the SAR Os is not at all
extraordinary as it was a regular practice in their office. Luy also did not accuse them of having
participated in the PDAF scam nor having received any portion of the PDAF allocations.  15

The Ombudsman, however, denied Relampagos, et al.'s consolidated motion for reconsideration in
its Joint Order   dated November 26, 2014.
16

The Information

Consequently, three Information for violation of Section 3( e) of R.A. No. 3019 were filed before the
Sandiganbayan and were docketed as Criminal Case Nos. SB-15-CRM-0016, SB-15-CRM-0017
and SB-15- CRM-0018. As well, three Information for malversation of public funds were filed before
the Sandiganbayan and were docketed as Criminal Case Nos. SB-15-CRM-0019, SB-15-CRM-0020
and SB-15-CRM-0021.

The subject matter of Criminal Case Nos. SB-15-CRM-OO 17 and SBCRM-15-0020 was the PDAF
allocation covered by SARO No. ROCS-07- 05450. The accusatory portions of the Information
covering SARO No. ROCS-07-05450 read:

[A.] In Criminal Case No. SB-15-CRM-0017 (For violation of Section 3(e) of R.A. [No.] 3019):

In January 2007, or sometime prior or subsequent thereto, in Quezon City, and within this Honorable
Court's jurisdiction, accused public officers CONSTANTINO GALAGNARA JARAULA (Jaraula), the
then Congressman of the lone district of Cagayan de Oro City; MARIO LOQUELLANO
RELAMPAGOS (Relampagos), Undersecretary for Operations, ROSARIO SALAMIDA NUNEZ
(Nufiez), LALAINE NARAG PAULE (Paule) and MARILOU DIALINO BARE (Bare), assigned to the
Office of the Undersecretary for Operations, all of the DEPARTMENT OF BUDGET AND
MANAGEMENT (DBM); ANTONIO YRIGON ORTIZ (Ortiz), Director General, DENNIS LACSON
CUNANAN (Cunanan), Deputy Director General, FRANCISCO B. FIGURA (Figura), Group
Manager, MA. ROSALINDA MASONGSONG LACSAMANA (Lacsamana), Group Manager,
MARIVIC V. JOVER (Jover), Chief Accountant, and MAURINE E. DIMARANAN (Dimaranan),
Internal Auditor V /Division Chief, all of the TECHNOLOGY RESOURCE CENTER (TRC); while in
the performance of their administrative and/or official functions and conspiring with one another and
with private individuals JANET LIM NAPOLES (Napoles) and MYLENE T. ENCARNACION
(Encarnacion); acting with manifest partiality and/or evident bad faith; did then and there [willfully],
unlawfully and criminally cause undue injury to the government and/or give unwarranted benefits
and advantage to said private individuals in the amount of at least NINE MILLION AND SIX
HUNDRED THOUSAND PESOS (₱9,600,000.00), through a scheme described as follows:

a. Jaraula unilaterally chose and indorsed COUNTRYWIDE AGRI AND RURAL ECONOMIC
DEVELOPMENT FOUNDATION, INC. (CARED), a non-government organization operated and/or
controlled by the aforementioned private individuals, as "project partner" in implementing livelihood
projects to farmers in his legislative district, which were funded by Jaraula's Priority Development
Assistance Fund (PDAF) allocation covered by Special Allotment Release Order (SARO) No.
ROCS-07-05450, in disregard of the appropriation law and its implementing rules, and/or without the
benefit of public bidding, as required under Republic Act No. 9184 and its implementing rules and
regulations, and with CARED being unaccredited and unqualified to undertake projects;

b. DBM's Relampagos, Nunez, Paule and Bare, unduly accommodating herein private
individuals, facilitated the processing of the aforementioned SARO and the corresponding
Notice of Cash Allocation resulting in the release of the subject funds drawn from Jaraula's
PDAF to TRC, the agency chosen by Jaraula through which to course his PDAF
allocations; (Emphasis supplied)

c. Jaraula and TRC's Ortiz then entered into a Memorandum of Agreement (MOA) with CARED on
the purported implementation of Jaraula's PDAF-funded projects, and which MOA was prepared
and/or reviewed by Lacsamana;

d. Ortiz also facilitated, processed, and approved the disbursement of the subject PDAF release by
signing Disbursement Voucher No. 12007040660 along with Cunanan and Jover, with Dimaranan
verifying that the supporting documents were attached, as well as causing the issuance of Landbank
Check No. 850453 in the amount of [₱]9,600,000.00 to CARED which was signed by Ortiz and
Figura, without accused TRC officers and employees having carefully examined and verified the
accreditation and qualifications of CARED as well as the transaction's supporting documents;

e. Encarnacion, acting for and in behalf of Napoles and CARED, received the above-described
check from TRC and remitted the proceeds to Napoles;

f. The above acts by the accused public officials[,] thus[,] allowed CARED to divert said PDAF-drawn
public funds to Napoles' control and benefit instead of implementing the PDAF-funded projects which
turned out to be non-existent, while Napoles and Encarnacion caused/participated in the preparation
and signing of the acceptance and delivery reports, disbursement reports, project proposals and
other liquidation documents to conceal the fictitious nature of the transaction; and

g. Jaraula, personally and/or thru his representatives, as well as the other accused public officers
and employees, received commissions and/or "kickbacks" from Napoles, in consideration of their
participation and collaboration as described above.

CONTRARY TO LAW.  17

[B.] In Criminal Case No. SB-15-CRM-0020 (For violation of Article 217, RPC):

In January 2007, or sometime prior or subsequent thereto, in Makati City, and within this Honorable
Court's jurisdiction, accused public officers CONSTANTINO GALAGNARA JARAULA (Jaraula), the
then Congressman of the lone district of Cagayan de Oro City; MARIO LOQUELLANO
RELAMPAGOS (Relampagos), Undersecretary for Operations, ROSARIO SALAMIDA NUNEZ
(Nuñez), LALAINE NARAG PAULE (Paule) and MARILOU DIALINO BARE (Bare), assigned to the
Office of the Undersecretary for Operations, all of the DEPARTMENT OF BUDGET AND
MANAGEMENT (DBM); ANTONIO YRIGON ORTIZ (Ortiz), Director General, DENNIS LACSON
CUNANAN (Cunanan), Deputy Director General, FRANCISCO B. FIGURA (Figura), Group
Manager, MA. ROSALINDA MASONGSONG LACSAMANA (Lacsamana), Group Manager,
MARIVIC V. JOVER (Jover), Chief Accountatnt, and MAURINE E. DIMARANAN (Dimaranan),
Internal Auditor V /Division Chief, all of the TECHNOLOGY RESOURCE CENTER (TRC); while in
the performance of their administrative and/or official functions and conspiring with one another and
with private individuals JANET LIM NAPOLES (Napoles) and MYLENE T. ENCARNACION
(Encarnacion); did then and there [willfully], unlawfully and criminally allow private individuals to take
public funds amounting to at least NINE MILLION AND SIX HUNDRED THOUSAND PESOS
([₱]9,600,000.00), through a scheme described as follows: a. Jaraula, a public officer accountable
for and exercising control over the Priority Development Assistance Fund (PDAF) allocated to him by
the general appropriation law for the year 2007, unilaterally chose and indorsed COUNTRYWIDE
AGRI AND RURAL ECONOMIC DEVELOPMENT FOUNDATION, INC. (CARED), a nongovernment
organization operated and/or controlled by the aforementioned private individuals, as "project
partner" in implementing livelihood projects to farmers in his legislative district, which were funded by
Jaraula's Priority Development Assistance Fund (PDAF) allocation covered by Special Allotment
Release Order (SARO) No. ROCS-07-05450, in disregard of the appropriation law and its
implementing rules, and/or without the benefit of public bidding, as required under Republic Act No.
9184 and its implementing rules and regulations, and with CARED being unaccredited and
unqualified to undertake projects;

b. DBM's Relampagos, Nunez, Paule and Bare, unduly accommodating herein private
individuals, facilitated the processing of the aforementioned SARO and the corresponding
Notice of Cash Allocation resulting in the release of the subject funds drawn from Jaraula's
PDAF to TRC, the agency chosen by Jaraula through which to course his PDAF
allocations; (Emphasis supplied)

c. Jaraula and TRC's Ortiz then entered into a Memorandum of Agreement (MOA) with CARED on
the purported implementation of Jaraula's PDAF-funded projects, and which MOA was prepared
and/or reviewed by Lacsamana;

d. Ortiz also facilitated, processed, and approved the disbursement of the subject PDAF release by
signing Disbursement Voucher No. 12007040660 along with Cunanan and Jover, with Dimaranan
verifying that the supporting documents were attached, as well as causing the issuance of Landbank
Check No. 850453 in the amount of [₱]9,600,000.00 to CARED which was signed by Ortiz and
Figura, without accused TRC officers and employees having carefully examined and verified the
accreditation and qualifications of CARED as well as the transaction's supporting documents; e.
Encarnacion, acting for and in behalf of Napoles and CARED, received the above-described check
from TRC and remitted the proceeds to Napoles;

f. By their above acts, Jaraula and the above-named TRC officials allowed Napoles and her cohorts,
through CARED, to take possession and[,] thus[,] misappropriate PDAF-drawn public funds, instead
of implementing the PDAF-funded projects, which turned out to be nonexistent, while Napoles and
Encarnacion caused/participated in the preparation and signing of the acceptance and delivery
reports, disbursement reports, project proposals and other liquidation documents to conceal the
fictitious nature of the transaction, to the damage and prejudice of the Republic of the Philippines.

CONTRARY TO LAW.  18

The Sandiganbayan's Resolutions

Except for these two criminal cases, i.e., Criminal Case Nos. SB-15- CRM-0017 and SB-15-CRM-
0020, the Sandiganbayan found probable cause for the issuance of warrants of arrest against all the
accused. 19

As regards Criminal Case Nos. SB-15-CRM-0017 and SB-15-CRM0020, the Sandiganbayan

deferred the determination of probable cause against Relampagos, Nufiez, Paule and Bare, noting
that while Relampagos readily admitted having signed two SAROs (subject of Criminal Case Nos.
SB-15-CRM-0016 SB-15-CRM-0018 SB-15-CRM-0019 and SB-15- , ' ' CRM-0021), he denied
having signed SARO No. ROCS-07-05450 (subject of Criminal Case Nos. SB-15-CRM-OO 17 and
SB-15-CRM-0020). Thus, the Sandiganbayan ordered the prosecution to produce a copy of the said
SARO before it rules on the existence of probable cause against Relampagos, et al. 20

Meanwhile, Relampagos, et al. jointly filed an omnibus motion for judicial re-determination of
probable cause and to defer arraignment.  21

Partially granting the said motion, the Sandiganbayan in its presently assailed Resolution  dated
22

May 13, 2015 dismissed Criminal Case Nos. SB15-CRM-0017 and SB-15-CRM-0020 against
respondents Relampagos, et al. for lack of probable cause.

In so dismissing, the Sandiganbayan noted:

The Court, in its February 18, 2015 Resolution, directed the Office of the Ombudsman to submit a
copy of SARO No. ROCS-07-05450, subject of Criminal Cases No. SB-15-CRM-0017 and No. SB-
15-CRM0020, involving accused Relampagos, Nunez, Paule and Bare. Pending submission of a
copy of the said SARO, the Court held in abeyance the determination of probable cause in the said
cases. By way of compliance, dated March 12, 2015, the Office of the Special Prosecutor submitted
a certified true copy of SARO No. ROCS-07-05450. After a careful examination of the said
SARO, the Court finds that it was signed by DBM Secretary Rolando G. Andaya, Jr., and that
apparently, accused Relampagos, Nuñez, Paule and Bare had no participation therein.
Considering that the basis for the indictment of the aforenamed accused in the two criminal
cases was their participation in the preparation and issuance of the said SARO, the Court,
therefore, rules that there is no sufficient ground to find the existence of probable cause for
the issuance of warrants of arrest against accused Relampagos, Nunez, Paule and Bare in
these cases. Thus, Criminal Case No. SB-15-CRM-0017 and No. SB-15-CRM-0020 against
accused Relampagos, Nunez, Paule and Bare should be dismissed.  (Emphasis supplied)
23

The Sandiganbayan, thus, disposed:

WHEREFORE, in light of all the foregoing, the Court resolves: 1. To PARTIALLY GRANT the
Urgent Consolidated Omnibus Motion, dated March 2, 2015, of accused Relampagos, Nunez,
Paule and Bare, by DISMISSING Criminal Cases No. SB-15-CRM-0017 and No. SB-15-CRM-
0020 against accused Relampagos, Nuñez, Paule and Bare, for lack of probable
cause; (Emphasis supplied)

2. To DENY accused Jaraula's Ex-Parte Motion to Expunge Plaintiff's Comment/Opposition (to

accused Jaraula 's Urgent Consolidated Motion to Quash Informations with Motion to Defer
Arraignment), dated April 6, 2015; and

3. To DENY accused Jaraula's Urgent Consolidated Motion to Quash Informations with Motion to

Defer Arraignment, dated March 6, 2015.

Accordingly, the arraignment of the accused scheduled on June 1, 2015 at 8:30 in the morning will
proceed as scheduled.

SO ORDERED.  24
Both petitioner and Relampagos, et al. moved for a partial reconsideration but were similarly denied
by the Sandiganbayan in its Resolution  dated July 9, 2015.
25

The Issues

Hence, the instant petition imputing grave abuse of discretion on the part of the Sandiganbayan,
when it:

[D]ismissed these cases for lack of probable cause considering that the executive function of
determining the existence of probable cause for the filing of an information is vested solely in the
prosecution.

[S]ummarily dismissed these cases based on a single piece of evidence and wantonly disregarded
the other evidence for the Prosecution. 26

Essentially, the issue to be resolved is whether the Sandiganbayan gravely abused its discretion
when it reversed the finding of probable cause by the Ombudsman and consequently dismissed the
criminal cases against Relampagos, et al. insofar as the PDAF allocation covered by SARO No.
ROCS-07-05450 is concerned.

By way of Consolidated Comment,  Relampagos, et al. contend that the Sandiganbayan properly

27

dismissed the criminal cases by virtue of its own power to judicially determine probable cause and
that the SARO itself controverted petitioner's allegations against them. In its Reply,   petitioner
28

reiterated that the Sandiganbayan gravely abused its discretion when it failed to consider the other
pieces of evidence, i.e., the affidavit of Luy and the findings of the COA in COA SAO Report No.
2012-03, which show probable cause against Relampagos, et al.

The Ruling of the Court

We dismiss the petition.

Certiorari is not the proper remedy

The assailed Resolutions of the Sandiganbayan which dismissed Criminal Case Nos. SB-15-CRM-
0017 and SB-15-CRM-0020 against Relampagos, et al. for lack of probable cause was a final order
which finally disposed of said criminal cases insofar as herein respondents Relampagos, et al. are
concerned. 29

Section 1, Rule 122 of the Revised Rules of Criminal Procedure provides that: "Any party may
appeal from a judgment or final order, unless the accused will be placed in double jeopardy."
Relampagos, et al. moved for the judicial determination of probable cause and the Sandiganbayan
dismissed the criminal cases before they were arraigned, thus, the prohibition against an appeal
from a dismissal of a criminal case when the accused will be twice put in jeopardy does not
apply.   Further, Section 7 of Presidential Decree No. 1606, as amended by Section 3 of R.A. No.
30

7975 provides that decisions and final orders of the Sandiganbayan shall be appealable to the Court
by a petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the
Rules of Court. This is in harmony with the procedural rule that the provisions of Rules 42, 44, 45, 46
and 48 to 56 relating to the procedure in original and appealed civil cases shall also be applied to
criminal cases. 31

Section 1, Rule 45 of the Rules of Court expressly states:

SEC. 1. Filing of petition with Supreme Court. - A party desiring to appeal by certiorari from a
judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax
Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with
the Supreme Court a verified petition for review on certiorari. The petition may include an
application for a writ of preliminary injunction or other provisional remedies and shall raise
only questions of law, which must be distinctly set forth. x x x (Emphasis supplied)

Thus, the proper remedy from the Sandiganbayan Resolutions dismissing the criminal cases is an
appeal by certiorari under Rule 45 and not under Rule 65 of the Rules of Court. The availability of
appeal, it being speedy and adequate, proscribes a certiorari petition under Rule 65.

Subject to certain exceptions,   the use of an erroneous mode of appeal is cause for dismissal of the
32

petition following the basic rule that certiorari, being an independent action, is not a substitute for a
lost appeal. None of the allowable exceptions are present in the instant case, thus, the general rule
must be applied.

Too, while the Court may consider a petition for certiorari as a petition for review under Rule 45 of
the Rules of Court in exceptional cases, Section 2  provides that such petition must be filed within
33

the prescribed period. Here, petitioner received the Sandiganbayan's Resolution dated July 9, 2015
denying its partial motion for reconsideration on July 10, 2015 and filed the instant petition only on
September 8, 2015. At the time petitioner filed the instant petition, the period to appeal had clearly
expired.

Petitioner also assails the Sandiganbayan's finding of lack of probable cause as it was allegedly
attended by a failure to consider and weigh all the evidence. As a rule, misapplication of facts and
evidence, and erroneous conclusions based on evidence do not, by the mere fact that errors were
committed, rise to the level of grave abuse of discretion.   Even granting that the Sandiganbayan
34

erred in weighing the sufficiency of the prosecution's evidence, such error does not necessarily
amount to grave abuse of discretion.  Similarly, the mere fact that a court erroneously decides a
35

case does not necessarily deprive it of jurisdiction. Such are errors of judgment that cannot be
corrected by an extraordinary writ of certiorari. 36

Nevertheless, to pursue judicial economy,   the Court reviewed the petition and its attachments and
37

find that even on the merits, the instant petition must still fail.

II

The Sandiganbayan has the authority to determine

whether or not to dismiss the case.

Petitioner essentially attacks the Sandiganbayan's reversal of the Ombudsman's finding of probable
cause, contending that the function of determining whether or not probable cause exists is executive
in nature that is lodged within the compet~nce of the Ombudsman.
The executive determination of probable cause is not to be confused with the judicial determination
of probable cause. In a criminal prosecution, probable cause is determined at two stages: first, the
executive level where probable cause is determined by the prosecutor during the preliminary
investigation and before the filing of the criminal information; and second, the judicial level where
probable cause is determined by the judge before the issuance o a warrant o arrest.  38

Thus, while it is true that the Ombudsman retains full discretion to determine whether or not a
criminal case should be filed in the Sandiganbayan, the latter gains full control as soon as the case
has been filed before it.  This must necessarily be so considering that when an information is filed in
39

court, the court acquires jurisdiction over the case and the concomitant authority to determine
whether or not the case should be dismissed being the "best and sole judge"
thereof.   Consequently, absent a showing of grave abuse of discretion, the Court will not interfere
40

with the Sandiganbayan's jurisdiction and control over a case properly filed before it.41

As to the manner by which a court is expected to determine the existence or non-existence of

probable cause for the arrest of the accused, the same is spelled under the Constitution   and the
42

Rules of Criminal Procedure.  A judge is mandated to personally determine the existence of

43

probable cause after his personal evaluation of the prosecutor's resolution and the supporting
evidence for the crime charged.

Specifically, under Section 5(a), Rule 112 of the Rules of Criminal Procedure, the court has three
options upon the filing of a criminal complaint or information: a) immediately dismiss the case if the
evidence on record clearly failed to establish probable cause; b) issue a warrant of arrest if it finds
probable cause; or c) order the prosecutor to present additional evidence within five days from notice
in case of doubt on the existence of probable cause.  44

Thus, when the Sandiganbayan chose to issue the corresponding warrants of arrest over the other
criminal cases, ordered the prosecution to present the subject SARO which Relampagos, et al.
denied having signed and processed, and thereafter, upon examination of the subject SARO,
dismisseq the criminal cases for lack of probable cause, the Sandiganbayan, in fact acted well-within
its competence and jurisdiction. There is ther"efore no reason to ascribe grave abuse of discretion
on the part of the Sandiganbayan for having reversed the Ombudsman's earlier determination of
probable cause

That the Sandiganbayan issued the assailed Resolution only upon compliance with the requirement
that · probable cause was personally determined by the court is evident from its examination of the
subject SARO and noting that it was signed by a person other than Relampagos, et al. This
examination, in turn, led the Sandiganbayan to conclude that Relampagos, et al. probably did not
participate in the preparation and issuance of said SARO. To emphasize, when the court judicially
determines probable cause, it is tasked to determine the probability of the guilt of the accused by
personally reviewing the prosecutor's initial determination and seeing if it is supported by substantial
evidence.   In determining probable cause, the average man weighs the facts and circumstances
45

without resorting to the calibrations of the rules of evidence of which he has no technical
knowledge.   In this case, the Sandiganbayan reached the conclusion that there was no probable
46

cause for Relampagos, et al. to commit the crimes charged insofar as the subject SARO was
concerned, only upon application of the basic precepts of criminal law to the facts, allegations and
evidence on record.

III

The Sandiganbayan did not err in finding that no probable cause

 existed to indict Relampagos, et al.

In arguing that the Sandiganbayan erred in dismissing the criminal cases relative to SARO No.
ROCS-07-05450 against Relampagos, et al., petitioner invites attention to other pieces of evidence
that the Sandiganbayan had allegedly failed to consider: (a) Luy's affidavit identifying
Relampagos, et al. as his "contacts" within the DBM that helped expedited the release of the SAR
Os and the NCAs; and (b) COA SAO Report No. 2012-03 which found, among others, that the SAR
Os and NCAs were hastily released by DBM despite the absence of documents  required under
47

DBM National Budget Circular No. 476.

It is worthy to emphasize that petitioner itself admits  that the basis for the inclusion of
48

Relampagos, et al. in the criminal cases were their participation in the preparation and issuance of
the SAROs. Contravening such allegation is the subject SARO itself which was factually found to
have been signed and issued by then DBM Secretary Andaya, and not by Relampagos, et al. In fact,
in Cambe v. Office of the Ombudsman  and its consolidated cases,   the Court gave value to these
49 50

pieces of evidence or circumstances only with respect to the SAROs and NCAs which were found to
have been issued by the Office of Relampagos as DBM Undersecretary where Nunez, Paule, and
Bare were all working. 51

Moreover, a perusal of the Ombudsman's Resolution and Joint Order shows a painfully limited
demonstration as to how Relampagos, et al. probably expedited the preparation and release of
SARO No. ROCS-07- 05450.

In finding probable cause for violation of Section 3(e) of R.A. No. 3019, the Ombudsman merely held
that (1) Relampagos, et al. processed the SAROs and NCAs pertaining to Jaraula's PDAF
projects;   and (2) their partiality was manifest because the processing of the requisite SAROs and
52

NCAs in Relampagos's office were expedited through the assistance provided by Nunez, Paule, and
Bare.  Less definite was the Ombudsman's ratiocination for indicting Relampagos, et al. for the
53

crime of malversation of public funds as it loosely held that DBM transferred funds to the
implementing agency so as to facilitate the release of said funds to the Napoles-controlled NGO.  54

From these findings, it is clear that the supposed irregular processing and issuance of the SAROs
could have probably been undertaken by Relampagos, et al. only with respect to the SAROs that
were signed and issued by the Office of the Undersecretary for Operations. As the Ombudsman
itself observed, Relampagos, et al. could not have feigned ignorance of the follows-up made by Luy
for the expedited release of the SAROs and NCAs which were issued by the Office of the
Undersecretary for Operations. The same conclusion, however, cannot be readily reached with
respect to the SARO issued by then Secretary Andaya. The dearth of allegation or finding as to how
Relampagos, et al. could have participated in or expedited the preparation and issuance of SAROs
emanating from the Office of the Secretary itself renders their participation, insofar as SARO No.
ROCS-07-05450 is concerned, highly improbable. In view of the finding that Relampagos, et al.
could not have participated in the preparation and processing of SARO No. ROCS-07- 05450, there
is no need to discuss, at this point, petitioner's contention that Relampagos, et al. failed to comply
with the documentary requirements under DBM National Budget Circular No. 476 nor that of
Relampagos, et al.'s counter-argument that the SAR Os were not issued by their office based on the
PDAF Process Flow.

It is also opportune to emphasize that the purpose of requiring the courts to determine probable
cause is to insulate from the very beginning those falsely charged with crimes from the tribulations,
expenses and anxiety of a public trial.   We recognize in Principia v. Judge Barrientos,   the Court's
55 56

policy of non-interference in the Ombudsman's exercise of its constitutionally-mandated powers, or

the Sandiganbayan's, as in this case, and the delicate task of balancing such with the purpose of
preliminary investigation to secure the innocent against hasty, malicious, and oppressive
prosecution, and to protect the State from useless and expensive trials. Thus, we caution that
"where the evidence patently demonstrates the innocence of the accused, x x x [there is] no reason
to continue with his prosecution; otherwise, persecution amounting to grave and manifest injustice
would be the inevitable result."  We, thus, affirm the Sandiganbayan's temperance of the
57

Ombudsman's authority to prosecute for want of probable cause not only to save herein respondents
from the expense, rigors and embarrassment of trial, but also to prevent needless wastage of the
court's limited time and resources.

All told, the Court finds that the Sandiganbayan did not err in finding that no probable cause existed
to indict Relampagos, et al. for violation of Section 3(e) of R.A. No. 3019 and for malversation of
public funds insofar as the funds covered by SARO No. ROCS-07-05450 is concerned. Neither do
we find that the Sandiganbayan gravely abused its discretion in reaching such conclusion. No hint of
whimsicality, nor of gross and patent abuse of discretion as would amount to an evasion of a positive
duty, or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law can
be discerned on the part of the Sandiganbayan.

WHEREFORE, the instant petition for certiorari is DISMISSED. The Resolutions dated May 13, 2015
and July 9, 2015  of the Sandiganbayan in Criminal Case Nos. SB-15-CRM-0017 for violation of
58

Section 3(e) of Republic Act No. 3019 and BB-l 5-CRM-0020 for violation of Article 217 of the
Revised Penal Code, insofar as said Resolutions dismissed the criminal cases against herein
respondents Mario L. Relampagos, Marilou D. Bare, Rosario S. Nuñez and Lalaine N. Paule,
are AFFIRMED.

SO ORDERED.

Bersamin, C.J., Carpio, Peralta, Del Castillo, Perlas-Bernabe, Leonen, Jardeleza, A. Reyes, Jr.,
Gesmundo, Hernando, and Carandang, JJ., concur.

Caguioa, J., no part.

Footnotes

 See Fuentes v. Sandiganbayan (Second Division), 528 Phil. 388 (2006).

29

 First Women's Credit Corp. v. Judge Baybay, 542 Phil. 607, 616 (2007).
30

 Rule 124, Section 18 of the Rules of Criminal Procedure states:

31

SEC. 18. Application of certain rules in civil procedure to criminal cases. — The
provisions of Rules 42, 44 to 46 and 48 to 56 relating to procedure in the Court of
Appeals and in the Supreme Court in original and appealed civil cases shall be
applied to criminal cases insofar as they are applicable and not inconsistent with the
provisions of this Rule.

 As held in Department of Education v. Cuanan, 594 Phil. 451, 460 (2008):
32
 (a) when public welfare and the advancement of public policy dictates; (b) when the
broader interest of justice so requires; (c) when the writs issued are null and void; or
(d) when the questioned order amounts to an oppressive exercise of judicial
authority.

In Tanenglian v. Lorenzo, 573 Phil. 472, 488-489 (2008), the Court added other
grounds: (a) when, for persuasive reasons, the rules may be relaxed to relieve a
litigant of an injustice not commensurate with his failure to comply with the prescribed
procedure; or (b) in other meritorious cases.

33
 SEC. 2. Time for filing; extension. — The petition shall be filed within fifteen (15) days from
notice of the judgment or final order or resolution appealed from, or of the denial of the
petitioner's motion for new trial or reconsideration filed in due time after notice of the
judgment. On motion duly filed and served, with full payment of the docket and other lawful
fees and the deposit for costs before the expiration of the reglementary period, the Supreme
Court may for justifiable reasons grant an extension of thirty (30) days only within which to
file the petition.

 Grave abuse of discretion is defined in Ysidoro v. Justice Leonardo-De Castro, 681 Phil. 1,
34

18 (2012), citing Ganaden v. Hon. Office of the Ombudsman, 665, Phil. 224, 232 (2011), as
"capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The
abuse of discretion must be patent and gross as to amount to an evasion of a positive duty
or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law,
as where the power is exercised in an arbitrary and despotic manner by reason of passion
and hostility."

 In Personal Collection Direct Selling, Inc. v. Carandang, G.R. No. 206958, November 8,
37

2017, the Court proceeded to decide the issues despite the use of an improper remedy on
the ground of "judicial economy" or when "the prospective opportunity cost that may be
expended by the parties and the courts far outweigh the likelihood of success of the
aggrieved party, Court resources will be more efficiently expended by this Court's discussion
of the merits of the case."

 Article III, Section 2. The right of the people to be secure in their persons, houses, papers,
42

and effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

 Rule 112, Section 5. When warrant of arrest may issue. — (a) By the Regional Trial Court.
43

— Within ten (10) days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence. He may
immediately dismiss the case if the evidence on record clearly fails to establish probable
cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order
when the complaint or information was filed pursuant to Section 6 of this Rule. In case of
doubt on the existence of probable cause, the judge may order the prosecutor to present
additional evidence within five (5) days from notice and the issue must be resolved by the
court within thirty (30) days from the filing of the complaint or information. (As revised by
A.M. No. 05-8-26-SC, August 30, 2005)
  G.R. Nos. 212427-28; G.R. Nos. 212694-95; G.R. Nos. 212794-95; G.R. Nos. 213477-78;
50

G.R. Nos. 213532-33; G.R. Nos. 213536-37 and G.R. Nos. 218744-59.

 In Cambe v. Office of the Ombudsman (supra note 49, at 238) and the consolidated cases
51

(supra note 50), the Court held:

x x x x As pointed out by the Ombudsman and the Sandiganbayan, some of the

SAROs and NCAs issued in the perpetuation of the PDAF scam were issued by the
Office of Relampagos as DBM Undersecretary, where Nuñez, Paule, and Bare are
all working - a finding that they themselves did not dispute. More significantly: (a)
whistleblower Luy positively identified Relampagos, et al. as Napoles's "contact
persons" in the DBM; and (b) the COA Report found irregularities in their issuances
of the aforesaid SAROs and NCAs. Ostensibly, these circumstances show
Relampagos et al.'s manifest partiality and bad faith in favor of Napoles and her
cohorts that evidently caused undue prejudice to the Government. Thus, they must
stand trial for violation of Section [3(e)] of [R.A. No.] 3019.

x x x x (Emphasis and underscoring supplied)