Mamburao Inc.

v Office of the Ombudsman (Mamburao v Desierto is nonexistent)

344 SCRA 805
Petitioner: Mamburao Inc. and Peter H. Messer
Respondent: Office of the Ombudsman, Rodolfo D. Abella, Lydia P. Fernandez and Nanny P.
Garcia
Facts:
Petitioners applied for a P6 Million loan with the Balagtas branch of Landbank of the
Philippines in order to finance the construction of a restaurant in Bocaue, Bulacan. Upon knowing
that the loan would be reduced to 3M because of the re-appraisal ordered by new Gen. Manager
Abella, petitioners withdrew their application.
Petitioners sought to re-apply for a loan at the Baliuag branch of the LBP. Fernandez, being
the head of the Northern and Central Luzon Banking Group, ordered the rollback of their
application to the Provincial Lending Center headed by Nanny Garcia.
Petitioners claim that when Messer went to Garcias office, she commented that she will
recommend the denial of their loan accusing Mamburao of establishing a front for prostitution
where the main merchandise are GROs. The application was subsequently denied.
Petitioners subsequently filed a charges against respondents for slander, libel, falsification
and use of falsified documents, and perjury. However, the ombudsman dismissed their complaints.
Issue:
WON the Ombudsman committed grave abuse of discretion in dismissing petitioners
complaints.
Held:
No, the Ombudsman has the power to dismiss a case outright without conducting a
preliminary investigation. It is beyond the ambit of this court to review the exercise of Discretion
of the Ombudsman of his constitutionally mandated investigatory and prosecutory powers.