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Rodolfo Soria, et al. vs Hon. Aniano Desierto, et al

RODOLFO SORIA and EDIMAR BISTA, Petitioners, versus HON. ANIANO DESIERTO in his capacity as Head of the Office of the Ombudsman, HON. ORLANDO C. CASIMIRO in his capacity as Deputy Ombudsman for Military, P/INS. JEFFREY T. GOROSPE, SPO2 ROLANDO G. REGACHO, SPO1 ALFREDO B. ALVIAR, JR., PO3 JAIME D. LAZARO, PO2 FLORANTE B. CARDENAS, PO1 JOSEPH A. BENAZA, SPO1 FRANKLIN D. CABAYA and SPO4 PEDRO PAREL, Respondents.

G.R. Nos. 153524-25 | 2005-01-31



SECOND DIVISION
DECISION

CHICO-NAZARIO, J.:

Yet again, we are tasked to substitute our judgment for that of the Office of the Ombudsman in its finding of lack of probable cause made during preliminary investigation.  And, yet again, we reaffirm the time-honored practice of non-interference in the conduct of preliminary investigations by our prosecutory bodies absent a showing of grave abuse of discretion on their part.

Petitioners, thru a special civil action for certiorari,[1] contend precisely that the public respondents herein – officers of the Office of the Ombudsman – gravely abused their discretion in dismissing the complaint for...