This case has been cited 1 times or more.
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2003-02-19 |
CALLEJO, SR., J. |
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| x x x At this point we reiterate that 'x x x [t]his is an exercise of the Ombudsman's powers based upon constitutional mandate and the courts should not interfere in such exercise. The rule is based not only upon respect for the investigatory and prosecutory powers granted by the Constitution to the Office of the Ombudsman but upon practicality as well. Otherwise, the functions of the courts will be grievously hampered by innumerable petitions assailing the dismissal of investigatory proceedings conducted by the Office of the Ombudsman with regard to complaints filed before it, in much the same way that the courts will be extremely swamped if they could be compelled to review the exercise of discretion on the part of the fiscals or prosecuting attorneys each time they decide to file an information in court or dismiss a complaint by a private complainant.'[22] While the Office of the Ombudsman has the discretion to determine whether an Information should be withdrawn and a criminal case should be dismissed, and to move for the withdrawal of such Information or dismissal of a criminal case, the final disposition of the said motion and of the case is addressed to the sound discretion of the SB subject only to the caveat that the action of the SB must not impair the substantial rights of the accused and of the right of the People to due process of law.[23] In this case, the Court holds that the SB acted in the exercise of its sound judicial discretion in granting the motion of respondents and ordering the dismissal of Criminal Case No. 24307. | |||||