This case has been cited 2 times or more.
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2009-11-05 |
PERALTA, J. |
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| As to the provisional dismissal of the charge for Violation of Section 3 par. (e) of R.A. No. 3019, as amended, the Court likewise finds no reason to overturn the ruling of the Ombudsman. The hornbook doctrine emphasized in Presidential Commission on Good Government v. Desierto[15] must be borne in mind, to wit: x x x the Supreme Court will not ordinarily interfere with the Ombudsman's exercise of his investigatory and prosecutory powers without good and compelling reasons to indicate otherwise. Said exercise of powers is based upon his constitutional mandate and the courts will not interfere in its 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, innumerable petitions seeking dismissal of investigatory proceedings conducted by the Ombudsman will grievously hamper the functions of the office and the courts, in much the same way that courts will be swamped if they had to review the exercise of discretion on the part of public prosecutors each time they decided to file an information or dismiss a complaint by a private complainant.[16] | |||||
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2008-12-18 |
NACHURA, J. |
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| Under Sections 12 and 13, Article XI of the 1987 Constitution, and pursuant to R.A. No. 6770, the Ombudsman has the power to investigate and prosecute any act or omission of a public officer or employee when such act or omission appears to be illegal, unjust, improper or inefficient.[23] Well-settled is the rule that this Court will not ordinarily interfere with the Ombudsman's exercise of his investigatory and prosecutory powers without good and compelling reasons that indicate otherwise. 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. A contrary rule would encourage innumerable petitions seeking dismissal of investigatory proceedings conducted by the Ombudsman, which would grievously hamper the functions of the office and the courts, in much the same way that courts would be swamped by a deluge of cases if they have to review the exercise of discretion on the part of public prosecutors each time they decide to file an information or dismiss a complaint by a private complainant.[24] | |||||