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Wilfred A. Nicolas vs Aniano A. Desierto.

WILFRED A. NICOLAS, Petitioner, versus ANIANO A. DESIERTO, Respondent.

G.R. Nos. 154668 | 2004-12-16

D E C I S I O N

PANGANIBAN, J.:

True, the Supreme Court is not a trier of facts. Equally true, errors of facts are not cognizable in a petition for review under Rule 45. However, when the records clearly show a misapprehension of the facts by the lower court, the Supreme Court -- in the interest of speedy justice -- may resolve the factual issue.

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* On leave

In the present case, the Office of the Ombudsman had no basis to hold petitioner administratively liable. As a public official, he cannot be expected to "personally examine every single detail, painstakingly trace every step from inception, and investigate the...