This case has been cited 5 times or more.
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2008-02-13 |
VELASCO JR., J. |
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| An appeal under Rule 45 should be limited to questions of law only, not questions of facts. Resolving the issues presented by petitioner, however, would require a review of the factual findings of the Ombudsman. The main issue of whether probable cause exists that will warrant the filing of the appropriate complaint is a question of fact. We held in Alba v. Nitorreda that "it is beyond the ambit of this Honorable Court to review the exercise of discretion of the Ombudsman in prosecuting or dismissing a complaint filed before it." [13] We further held in Presidential Commission on Good Government v. Desierto:The Ombudsman has discretion to determine whether a criminal case, given its facts and circumstances, should be filed or not. It is basically his call. He may dismiss the complaint forthwith should he find it to be insufficient in form or substance or, should he find it otherwise, to continue with the inquiry, or he may proceed with the investigation if, in his view, the complaint is in due and proper form and substance.[14] While the Ombudsman's discretion in determining the existence of probable cause is not absolute, nevertheless, petitioner must prove that such discretion was gravely abused to warrant the reversal of the Ombudsman's findings by this Court. In this respect, petitioner fails. We find no grave abuse of discretion on the part of the Ombudsman. Petitioner's complaint was duly reviewed and the Ombudsman, in his discretion, determined that it should be dismissed. There is no sufficient proof that the reviewing officers exercised their discretion whimsically, arbitrarily, or capriciously. | |||||
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2005-10-13 |
CHICO-NAZARIO, J. |
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| The consistent and general policy of the Court is not to interfere with the Office of the Ombudsman's exercise of its investigatory and prosecutory powers.[12] 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.[13] 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 would be extremely swamped if they would 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.[14] The Court cannot interfere with the Office of the Ombudsman's discretion in determining the adequacy or inadequacy of the evidence before it. The investigation is advisedly called preliminary, as it is yet to be followed by the trial proper. The occasion is not for the full and exhaustive display of the parties' evidence but for the presentation of such evidence only as may engender a well-founded belief that an offense has been committed and that the accused is probably guilty of the offense.[15] Hence, in the absence of a clear case of abuse of discretion, this Court will not interfere with the Office of the Ombudsman's discretion in the conduct of preliminary investigation. | |||||
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2005-04-28 |
CALLEJO, SR., J. |
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| We agree with the ruling of the CA that in an action for certiorari, the primordial task of the Court is to ascertain whether the lower court as a quasi-judicial body acted with grave abuse of discretion amounting to excess or lack of jurisdiction in the exercise of its judgment, such that the act was done in a capricious, whimsical, arbitrary or despotic manner. In a petition for certiorari, the jurisdiction of the appellate court is narrow in scope. It is limited to resolving only errors of jurisdiction. It is not to stray at will and resolve questions or issues beyond its competence, such as an error of judgment which is defined as one in which the court or quasi-judicial body may commit in the exercise of its jurisdiction. An error of jurisdiction is one where the acts complained of were issued without or in excess of jurisdiction. There is excess of jurisdiction where the court or quasi-judicial body, being clothed with the power to determine the case, oversteps its authority as declared by law.[26] This principle equally applies to the resolutions of the Office of the Ombudsman in the exercise of its authority to conduct preliminary investigations of criminal complaints filed before it: Deliberating upon the issues raised in the present petition for certiorari, the arguments in support thereof, as well as the comments of the respondents thereon and the reply thereto, we find that the petition fails to show a grave abuse of discretion or any act without or in excess of jurisdiction on the part of the respondent Ombudsman. The said respondent's act of disapproving the recommendation of the special prosecutors to dismiss the information filed in Crim. Case Nos. 16801 and 16804 against Gov. Mariano U. Ocampo III and his son, Mariano F. Ocampo IV, is not whimsical nor (sic) capricious. Neither is it tainted with vindictiveness or arbitrariness. He disapproved the recommendation of the special prosecutors because he sincerely believed that there is sufficient evidence to indict both accused. This 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 would 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.[27] In Alba v. Nitorreda,[28] the Court held that it is beyond the ambit of this Court to review the exercise of jurisdiction of the Ombudsman in prosecuting or dismissing a complaint filed before it. Such initiative and independence are inherent in the Ombudsman who, beholden to no one, acts as the champion of the people and the preserver of the integrity of the public service. | |||||
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2005-04-21 |
CHICO-NAZARIO, J. |
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| The truth of the matter is that petitioners were not denied due process of law. The order of the Ombudsman for the filing of the necessary information is not a case of a total absence of factual and legal bases nor a failure to appreciate the evidence presented. It may appear that the Ombudsman's one-line note lacks any factual or evidentiary grounds as it did not set forth the same. The state of affairs, however, is that the Ombudsman's note stems from his review of the findings of fact reached by the investigating prosecutor.[15] The Ombudsman, contrary to the investigating prosecutor's conclusion, was of the conviction that petitioners are probably guilty of the offense charged, and for this, he is not required to conduct an investigation anew.[16] He is merely determining the propriety and correctness of the recommendation by the investigating prosecutor, i.e., whether probable cause actually exists or not, on the basis of the findings of fact of the latter. He may agree, fully or partly, or disagree completely with the investigating prosecutor. Whatever course of action that the Ombudsman may take, whether to approve or to disapprove the recommendation of the investigating prosecutor, is but an exercise of his discretionary powers based upon constitutional mandate.[17] Generally, courts should not interfere in such exercise. It is beyond the ambit of this Court to review the exercise of discretion of the Ombudsman in prosecuting or dismissing a complaint filed before it, save in cases where there is clear showing of grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Ombudsman which is absent in the case at hand.[18] Such initiative and independence are inherent in the Ombudsman who, beholden to no one, acts as the champion of the people and preserver of the integrity of the public service.[19] | |||||
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2001-08-14 |
PARDO, J. |
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| We said[18] that the prosecution of offenses committed by public officers is vested in the Ombudsman. To insulate the Office from outside pressure and improper influence, the Constitution as well as R. A. No. 6770[19] has endowed it with a wide latitude of investigatory and prosecutory powers,[20] virtually free from legislative, executive or judicial intervention. We consistently refrained from interfering with the exercise of the Ombudsman's powers, and respected the initiative and independence inherent in the Ombudsman who, beholden to no one, acts as the champion of the people and the preserver of the integrity of public service.[21] | |||||