04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 554 Phil. 112 THIRD DIVISION [ G.R. NOS. 167335 & 167337, July 10, 2007 ] DR. ULYSSES A. BRITO, (IN HIS CAPACITY AS OIC-REGIONAL DIRECTOR OF THE NCIP REGION IV), PETITIONER, VS. OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, SANDY P. PADILLA AND MONICO A. DINGAL, JR., RESPONDENTS. [G.R. NO. 173152] DR. ULYSSES A. BRITO, (IN HIS CAPACITY AS OIC-REGIONAL DIRECTOR OF THE NCIP REGION IV), PETITIONER, VS. COURT OF APPEALS, OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, SANDY P. PADILLA AND MONICO A. DINGAL, JR., RESPONDENTS. DECISION CHICO-NAZARIO, J.: For the Court's consideration are two consolidated petitions: (1) G.R. Nos. 167335 & 167337, a Petition for Certiorari under Rule 65 of the Rules of Court, seeking to nullify and set aside the Joint Order[1] dated 7 December 2004 of the Deputy Ombudsman for Luzon which resolved the criminal aspect of the charges against private respondents Sandy P. Padilla and Monico A. Dingal, Jr. in their favor; and (2) G.R. No. 173152, a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking the reversal of the Court of Appeals' Resolution[2] dated 18 October 2005 denying petitioner's Motion for Reconsideration of the Court of Appeals' Resolution dated 27 April 2005 which dismissed the special civil action for certiorari filed by petitioner against the Deputy Ombudsman for Luzon on the ground that it was not the proper remedy to assail the joint order of the Ombudsman. Said special civil action questioned the Joint Order of the Deputy Ombudsman for Luzon dated 7 December 2004 insofar as it disposed of the administrative aspect of the charges against private respondents by finding them not guilty of Gross Dishonesty, Grave Misconduct and Conduct Prejudicial to the Public Interest. It merely found them liable under Section 4(a) of Republic Act No. 6713[3] and imposed upon them the penalty of reprimand. These are the facts of the instant consolidated petitions. Private respondents Sandy Padilla, Engineer II, and Monico Dingal, Jr., Community Affairs Officer II, are employees of the National Commission on Indigenous PeoplesRegion IV (NCIP-Region IV). NCIP is the primary agency of the government tasked to implement Republic Act No. 8371,[4] otherwise known as "The Indigenous Peoples Rights Act of 1997." It is the agency authorized by the said law to issue a Certification Precondition in favor of any entity which desires to undertake operations within the ancestral domains of the indigenous peoples or whose elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/44053 1/11

Select target paragraph3