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PCGG vs. Hon. Desierto as Ombudsman etc. [DISSENTING OPINION, SANDOVAL-GUTIERREZ, J.]

PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), PETITIONER, VS. HON. ANIANO A. DESIERTO AS OMBUDSMAN, HERMINIO T. DISINI, PACIENCIA ESCOLIN-DISINI, ANGEL E. DISINI, LILIANA L. DISINI AND LEA E. DISINI, RESPONDENTS.

G.R. No. 132120 | 2003-02-10

DISSENTING OPINION
 
SANDOVAL-GUTIERREZ, J.:

With due respect, I dissent from the ponencia of Mr. Justice Artemio V. Panganiban. I vote to dismiss the instant petition.
 
I

The central issue posed by the PCGG in its present petition necessitates a review by this Court of the finding of facts of the Ombudsman. In effect, this Court is constrained to calibrate the evidence presented by the prosecution. This procedure is not within the realm of the instant petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended. Where, as here, the petition assails the Ombudsman’s appreciation of facts, the...