REPUBLIC OF THE PHILIPPINES~an(}i~vntha1Jan

Ouezon City

FOURTH DIVLSIO~

Minutes of the proceedings held on November 6, 2017.

Present:Hon. ALEX L. OUIROZHon. REYNALDO P. CRUZHon. BAYANI H. JACINTO

Associate JusticeAssociate JusticeAssociate Justice

The following resolution was adopted:

SB-OB-CRM-0290 and 0291 - PEOPLE OF THE PHILIPPINES, Plaintiff, v.MAHID MIRAATO MUTILAN, HADJI MACMOD LOLONG DALlDIG, ELlASLUMAMBA MACALAWAN, and LlNANG AROBINTO RIPORS, Accused.

Upon inventory, it appears that the accused filed a JOINT OMNIBUSMOTION: I. FOR CONSOLIDATION OF THE ABOVE-CAPTIONED CASES 11.LEAVE TO FILE MOTION FOR RECONSIDERATION dated June 11, 2008,praying for the consolidation of the present cases with SB-08-CRM-0284, SB-08-CRM-0285, SB-08-CRM-0286, SB-08-CRM-0287, SB-08-CRM-0288, and SB-08-CRM-0289. The accused further prayed for the Court to hold the proceedings inabeyance considering the pendency of the "Motion for Reconsideration withNotice of Death and Motion to Dismiss" filed by the accused before the Office ofthe Ombudsman on June 10, 2008.1 The accused reiterated their plea for theCourt to suspend the proceedings in their JOINT MOTION ANDMANIFESTATION dated June 11, 2008, alleging that accused Mutilan died onDecember 6, 2007 and that in view of his death, they have raised the issue ofjurisdiction before the Office of the Ombudsman considering their respectivesalary grades.2

On July 8, 2008, the prosecution filed its OMNIBUS COMMENT TOCCUSED'S "JOINT MOTION AND MANIFESTATION AND JOINT OMNIBUS

MOTION.,,3 The prosecution presented no opposition to the leave sought by theaccused. However, with respect to the accused's motion for consolidation, theState argues that the same lacks any legal basis considering that the subjectmatter, facts, and circumstances of the cases sought to be consolidated with thepresents cases are entirely different.

Joint Omnibus Motion: I. ForConsolidation of the Above-Captioned Cases 11. Leave toFile Motion forReconsideration

The Court finds that accused's Joint Omnibus Motion has now beenrendered MOOT AND ACADEMIC.

Records, pp. 65 - 68.Records, pp. 69 - 72.Records, pp. 303 - 305.

The Motion for Leave to File Motion for Reconsideration is mooted in viewof the Memorandum dated March 18, 2009 of the Office of the Ombudsmanresolving to deny the motion for reconsideration of the accused, 4 while theMotion for Consolidation of the present cases with SB-08-CRM-0284, SB-08-CRM-0285, SB-08-CRM-0286, SB-08-CRM-0287, SB-08-CRM-0288, and SB-08-CRM-0289 is mooted by the fact that only herein cases remain to be filed withthe Sandiganbayan. A decision had already been rendered by the First Divisionof this Court in SB-013-CRM-0284 and SB-08-CRM-0285 on May 5, 2011, whilethe Informations in SB-08-CRM-0286 and SB-08-CRM-0287, both pendingbefore the Second Division, as well as the Informations in SB-08-CRM-0288 andSB-08-CRM-0289, both pending before the Third Division, appear to have beenwithdrawn already by the prosecution.

Death of accused MahidMiraato Mutilan

It appearing from the Memorandum dated March 18, 2009 that theprosecution, with the approval of then Ombudsman Merceditas N. Gutierrez,recommended the dismissal of the cases against accused Mahid Miraato Mutilanby reason of his death, and it appearing further that the prosecution, through itsMANIFESTATION AND MOTION dated June 9, 2009,5 has in fact moved for thedismissal of the cases against said accused due to the aforementioned ground,as prayed for, the motion of the prosecution is hereby GRANTED. Accordingly,pursuant to Article 89 of the Revised Penal Code, SB-08-CRM-0290 and SB-08-CRM-0291 as against accused Mahid Miraato Mutilan are hereby orderedDISMISSED.

Judicial Determination ofProbable Cause

The accused are charged with Malversation (SB-08-CRM-0290) andviolation of Section 3 (e) of Republic Act No. 3019 (SB-08-CRM-0291) for doublepayment of wages to casual employees of the provincial government of Lanaodel Sur for the period of December 1993.

After a judicious, personal, and independent evaluation of the records,consisting of the Resolution of the Office of the Ombudsman dated September26, 2005, its Memorandum dated March 18, 2009, as well as all the documentsattached thereto, this Court finds that the evidence satisfied the existence ofprobable cause for the issuance of a warrant of arrest against the accused.

Accordingly, LET the corresponding warrants of arrest issue againstHADJI MACMOD LOLONG DALlDIG, ELlAS LUMAMBA MACALAWAN,--ancf)LlNANG AROBINTO RIPORS. /,

CRUZ, J.

QUIROZ, J., Chairperson

JACINTO, J.

Records, pp. 357 - 363.Records, pp. 353 - 356.