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Therefore, the
offenses charged had already prescribed.
DATE OF PROMULGATION: November 28, 2007
Also pointed out was that the Presidential Ad Hoc Committee
SUBJECT AREA: Civil Procedure; Criminal Law on Behest Loans was created on October 8, 1992 under
Administrative Order No. 13. Subsequently, Memorandum
KEY DOCTRINES/CONCEPTS: Special Civil Action for Order No. 61, dated November 9, 1992, was issued defining
Certiorari (Rule 65) vs. Petition for Review on Certiorari the criteria to be utilized as a frame of reference in determining
(Rule 45); Prescription; Ex Post Facto Laws behest loans. Accordingly, if these Orders are to be
considered the bases of charging respondents for alleged
FACTS: offenses committed, they become ex-post facto laws which are
proscribed by the Constitution.
On October 8, 1992 then President Fidel V. Ramos issued
Administrative Order No. 13 creating the Presidential Ad Hoc The Committee filed a Motion for Reconsideration, but the
Fact-Finding Committee on Behest Loans. Behest loans are Ombudsman denied it on July 27, 1998.
loans granted by government banks or GOCC at the behest,
command, or urging by previous government officials to the
disadvantage of the Philippine government. The Committee ISSUE 1: WON THE PRESENT PETITION FOR REVIEW ON
was tasked to inventory all behest loans and determine the CERTIORARI SHOULD BE DISMISSED FOR BEING THE
courses of action that the government should take to recover WRONG REMEDY IN ELEVATING THE CASE TO THE SC.
these loans.
DECISION: No.
By Memorandum Order No. 61 dated November 9, 1992, the
functions of the Committee were expanded to include all non- RATIO:
performing loans which shall embrace behest and non-behest
loans. Said Memorandum also named criteria to be utilized as A petition for review on certiorari under Rule 45 is not the
a frame of reference in determining a behest loan proper mode by which resolutions of the Ombudsman in
preliminary investigations of criminal cases are reviewed by the
Several loan accounts were referred to the Committee for SC. The remedy from the adverse resolution of the
investigation, including the loan transactions between Metals Ombudsman is a petition for certiorari under Rule 65.
Exploration Asia, Inc. (MEA), now Philippine Eagle Mines, Inc.
(PEMI) and the Development Bank of the Philippines (DBP). However, though captioned as a Petition for Review on
The Committee determined that they bore the characteristics of Certiorari, the SC treated the petition as one filed under Rule
behest loans, as defined under Memorandum Order No. 61 65 since a reading of its contents reveals that petioner imputes
because the stockholders and officers of PEMI were known grave abuse of discretion to the Ombudsman for dismissing
cronies of then President Ferdinand Marcos; the loan was the complaint. The averments in the complaint, not the
under-collateralized; and PEMI was undercapitalized at the nomenclature given by the parties, determine the nature of the
time the loan was granted. action.