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JOSE P. LOPEZ, JR. vs. OFFICE OF THE OMBUDSMAN, HON. ANIANO A. DESIERTO and HON. MARGARITO P. GERVACIO, JR. in their official capacities as Ombudsman and Deputy Ombudsman for Mindanao, respectively, and the Sandiganbayan

JOSE P. LOPEZ, JR., petitioner, vs. OFFICE OF THE OMBUDSMAN, HON. ANIANO A. DESIERTO and HON. MARGARITO P. GERVACIO, JR. in their official capacities as Ombudsman and Deputy Ombudsman for Mindanao, respectively, and the Sandiganbayan, respondents.

G.R. No. 140529 | 2001-09-06

D E C I S I O N

GONZAGA-REYES, J.:

Before us is a Petition for Mandamus seeking: 1) the dismissal of Ombudsman Case No. OMB-3-93-2793 (now Criminal Cases Nos. 25247-25226); and 2) the issuance of a clearance in favor of petitioner Jose P. Lopez, Jr.

The facts as narrated in the memorandum of petitioner are:

"1. The petitioner is presently the Administrative Officer of the Department of Education, Culture and Sports (DECS), Region XII, Cotabato City.

Because of the exigency of the service, the petitioner temporarily stays in Cotabato City although he is a resident of Parañaque City.

2. On June 30, 1959, the petitioner started...