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- Oca is presumed to have filed a Motion for Reconsideration of his dismissal order rendered by the Ombudsman, headed and signed by feisty and no-nonsense former Justice of the Supreme Court Conchita Carpio Morales but in the interim (before the Ombudsman could resolve with finality the pending motion for reconsideration) the hambuguero went to the Court of Appeals.
- Because the dismissed, hambuguero and transition Mayor Moreno has very limited court practice, he did not wait for the final resolution of the motion for reconsideration. The better option of the complainant in the Ombudsman would be a nolle proseque or a non-prosequitur motion rather than a violation of the non-forum shopping because the latter has some well-defined exceptions. On the other hand, refusal to prosecute is quite easy to prove.
- The moment the complainant is able to secure the finality of the dismissal order, based on long experience in actual cases, I submit that the case before the Court of Appeals would be “a moon-light night walk in the park” if not, easier than picking apples, as a matter of saying, if a litigation lawyer knows what I’m talking about. Gets mo?


