7/25/2019 Lanting vs Ombudsman Digest

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LANTING VS. OMBUDSMAN G.R. NO. 141426, MAY. 6, 2005 (OMBUDSMAN)

STATEMENT OF THE CASE

This is a petition for review on certiorari assailing the Resolutions dated Sept. 9, 1999 and Jan. 6, 2000 of the C

dis!issing petitioner"s petition for certiorari and !anda!us#

STATEMENT OF THE FACTS

$enaida %. &anting, petitioner, was the d!. '(cer )* for the Cit+ Council of anila. She -led with the '(ce of the

'!uds!an an a(davit/co!plaint dated a+ 12, 199, charging then anila *ice/a+or Jose tiena, Jr., now Cit+

a+or, !!anuel Sison, Secretar+ to the Cit+ Council, and Charito Ru!o, 3R '(cer ))), herein respondents with

violation of R 4019 5anti/graft and corrupt practices act She alleged that these cit+ o(cials unlawfull+ and feloniousl+ appointed rnesto Saw, Jr. a Chinese citien

wor7ing in Taiwan, and rother/in/law of Charito Ru!o, to the position of Researcher in the Cit+ Council.

8etitioner further alleged that respondents fraudulentl+ eected the pulication of a vacant position 5d!. '(cer

* in the Cit+ Council, in violation of R :o. ;0raft )nvestigator '(cer ), issued a Resolution reco!!ending that petitioner"s co!plaint e dis!issed. )t

was reviewed and approved + the '!uds!an.

8etitioner -led a !otion for reconsideration ut was li7ewise denied + the '!uds!an.

?issatis-ed, petitioner -led with the C a petition for certiorari and !anda!us and was dis!issed. n R was

also -led ut it was also dis!issed.STATEMENT OF THE ISSUE/S

?id the court of appeals gravel+ err in dis!issing the petitioner"s petition for certiorari and !anda!us on the

ground of lac7 of @urisdiction + invo7ing Sec. 1