G.R. No. 211476. November 19, 2014

THIRD DIVISION [ G.R. No. 211476, November 19, 2014 ] NELLIE M. ILAS VS. OFFICE OF THE OMBUDSMAN AND FIELD INVESTIGATION OFFICE IN BEHALF OF THE PEOPLE OF THE PHILIPPINES.

The Office of the Special Prosecutor's comment on the petition for review on certiorari is NOTED.

This resolves the Petition for Review on Certiorari filed by petitioner dated March 15, 2014 seeking the reversal of the Sandiganbayan's Order dated January 16, 2014 and Resolution dated February 13, 2014, in Sandiganbayan Case No. SB-13-CRM-0958, entitled People of the Philippines v. Luis P. Lorenzo, Jr., et al. We resolve to dismiss this petition for being moot and academic.

In Our Resolution issued on June 2, 2014, We resolved to require the Office of the Special Prosecutor to comment on the petition within 10 days from notice, without necessarily giving due course to the petition.[1]

The Office of the Special Prosecutor filed a Motion for Extension of Time to File Comment dated July 17, 2014 and a Second Motion for Extension of Time to File Comment dated August 15, 2014, each requesting for an extension of thirty (30) days to file its comment on the petition. We resolved to grant both motions in Our Resolution dated September 3, 2014.In their Comment, respondents aver that the present case had been rendered moot and academic. Respondents submit that at the time the instant petition was filed, petitioner's co-accused, Luis Lorenzo, had a pending motion for reconsideration of the Sandiganbayan's Order dated January 16, 2014, which was subsequently granted in a Resolution dated May 30, 2014. The prosecution's motion for reconsideration dated June 23, 2014 was later denied by the Sandiganbayan in its Resolution dated September 4, 2014, which also dismissed the case against all the accused, including herein petitioner.

The Court takes judicial notice of the Sandiganbayan Resolution dated May 30, 2014, the dispositive portion of which reads:
WHEREFORE, in light of all the foregoing, accused-movant Luis Ramon P. Lorenzo's Motion for Reconsideration, dated February 13, 2014 is GRANTED. Accordingly, the instant case is hereby ordered DISMISSED as to all the accused, namely; Luis Ramon P. Lorenzo, Nelson C. Buenaflor, Wilfredo B. Domo-ong, Romeo C. Lanciola, Nellie M. Ilas, and Jesus Simon.

The warrant of arrest issued in this case against accused Lorenzo is ordered QUASHED, and the hold departure order against all the accused by reason of this case is lifted and set aside, and their bonds released, subject to the usual accounting and auditing procedure.

SO ORDERED.
Prescinding therefrom, the instant petition must be dismissed for having been rendered moot and academic. In view of the dismissal of the criminal case against petitioner, there ceases to be an actual case or controversy for resolution.

WHEREFORE, acting on the Petition for Review on Certiorari assailing the Sandiganbayan's Order dated January 16, 2014 and Resolution dated February 13, 2014, in Sandiganbayan Case No. SB-13-CRM-0958, entitled People of the Philippines v. Luis P. Lorenzo, Jr., et al., the Court resolves to DISMISS the same for being moot and academic due to the dismissal of the aforesaid criminal case.

SO ORDERED.

[1] Rollo, p. 118.