CASE SUMMARIES – CIVIL PROCEDURE II-MANRESA 2018-2019 1

The ineluctable conclusion, therefore, is that the order

WILFREDO TRINIDAD v. OFFICE OF THE OMBUDSMAN dismissing the above-mentioned civil case does not bar
GR 166038 | December 4, 2007 Trinidad’s criminal prosecution.

Digest by: Finally, his argument that he was deprived of due process
Yveza June Romero Gementiza does not lie too. The records show that the amplest
opportunity was afforded him to controvert the prima
Background of the case: facie finding against him and to move for a
Challenged via petition for certiorari and prohibition are the reconsideration thereof.
2004 Resolution of Office of the Ombudsman finding
probable cause to charge Trinidad for violation of Section 3(j) WHEREFORE, the petition is DISMISSED.
and Section 3(e) of the Anti-Graft and Corrupt Practices Act in
connection with the NAIA IPT III Project.

Facts:
AEDC filed a civil case for declaration of nullity of
proceedings, mandamus, and injunction which sought to
disqualify the Paircargo Consortium and to award the NAIA
IPT III Project to AEDC. However, on April 30, 1999, the RTC
dismissed the complaint upon the parties joint motion with a
mutual quitclaim and waiver.

Subsequently, the OMB filed

two Informations against Trinidad with the Sandiganbayan:

1. as DOTC ASec and member of the DOTC-BAC for the

NAIA Project, for knowingly pre-
qualifying Paircargo despite its failure to meet the
financial capability standards set by law; and
2. as DOTC OIC Sec, for having granted PIATCO undue
benefit and advantage through the execution of
Third Supplement to the Amended and Restated
Concession Agreement covering the NAIA Project.

During the pendency of the petition for certiorari,

the SB found no probable cause to proceed with the trial, thus
dismissed 1st case, and 2nd case is thus effectively mooted.

Trinidad argues that res judicata applies since the

OMB twice found no sufficient basis to indict him in similar
cases earlier filed against him.

Issue: Whether the order dismissing the civil case bars

criminal prosecution against Trinidad. – NO.

Ruling:
Res judicata is a doctrine of civil law and thus has no bearing
on criminal proceedings.

But even if Trinidad’s argument were to be expanded to

contemplate res judicata in prison grey or the criminal law
concept of double jeopardy, this Court still finds it
inapplicable to bar the reinvestigation conducted by the
OMB. For the dismissal of a case during preliminary
investigation does not constitute double jeopardy, preliminary
investigation not being part of the trial.

Ateneo de Davao University | College of Law | SY 2018-2019 aaaaaa