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Mamburao, Inc and Peter H. Messer vs Office of the Ombudsman

MAMBURAO, INC. and PETER H. MESSER, petitioners, vs. OFFICE OF THE OMBUDSMAN, RODOLFO D. ABELLA, LYDIA P. FERNANDEZ and NANNY P. GARCIA, respondents.

G.R. No. 139141-42 | 2000-11-15

D E C I S I O N

GONZAGA-REYES, J.:

At issue in this petition for certiorari under Rule 65 of the Rules of Court is whether the Ombudsman acted with grave abuse of discretion when he dismissed the criminal charges against private respondents.

The factual antecedents are undisputed. Sometime in October, 1994, Mamburao, Inc. (Mamburao), as represented by its general manager Peter H. Messer, applied for a P6 million loan with the Balagtas Branch of Landbank of the Philippines (Landbank) in order to finance the construction of a restaurant in Bocaue, Bulacan. According to petitioners, they were initially informed by the bank that, based upon...