This case has been cited 2 times or more.
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2009-03-12 |
CARPIO, J. |
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| The Ombudsman has the discretion to determine whether a criminal case, given its attendant facts and circumstances, should be filed or not. The Ombudsman may dismiss the complaint should the Ombudsman find the complaint insufficient in form or substance, or the Ombudsman may proceed with the investigation if, in the Ombudsman's view, the complaint is in due form and substance.[44] Hence, the filing or non-filing of the information is primarily lodged within the "full discretion" of the Ombudsman.[45] | |||||
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2008-10-15 |
NACHURA, J. |
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| We cannot overemphasize the fact that the Ombudsman is a constitutional officer duty bound to "investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient."[22] The raison d 'etre for its creation and endowment of broad investigative authority is to insulate it from the long tentacles of officialdom that are able to penetrate judges' and fiscals' offices, and others involved in the prosecution of erring public officials, and through the execution of official pressure and influence, quash, delay, or dismiss investigations into malfeasances and misfeasances committed by public officers.[23] | |||||