G.R. No. 145389 , July 31, 2001
OMBUDSMAN ANIANO A. DESIERTO, Customs Commissioner RENATO A. AMPIL and Captain DOMINGO S. DOCTOR, JR., petitioners, vs. RONNIE C. SILVESTRE, respondent.

FACTS

On January 26, 2000, Task Force “Aduana” conducted an entrapment operation leading to the arrest of Atty. Redempto Somera for bribery. The Task Force filed administrative charges for grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service against respondent Ronnie C. Silvestre and Atty. Somera with the Office of the Ombudsman. The Ombudsman issued an order of preventive suspension against respondent. Respondent filed a motion to lift the suspension, which was denied. Respondent then filed a petition for certiorari and prohibition with the Court of Appeals, which annulled the preventive suspension order, finding it issued with grave abuse of discretion. The Court of Appeals denied the motion for reconsideration. Petitioners elevated the case to the Supreme Court via a petition for review on certiorari.

ISSUE

Whether the Ombudsman has the authority to suspend respondent Ronnie C. Silvestre indefinitely on the basis of an administrative complaint showing strong evidence of guilt.

RULING

The Supreme Court dismissed the petition for being moot and academic. The Court noted that on February 14, 2001, the Ombudsman had already dismissed the administrative charges against respondent. In its dismissal order, the Ombudsman found that aside from a bare allegation in an affidavit, no other evidence was presented to substantiate the charge against respondent. The Court therefore found no remaining justiciable controversy to resolve.