This case has been cited 1 times or more.
2014-04-23 |
LEONARDO-DE CASTRO, J. |
||||
In general, the Court follows a policy of non-interference with the exercise by the Office of the Ombudsman of its investigatory and prosecutorial powers, in respect of the initiative and independence inherent in the said Office, which, "beholden to no one, acts as the champion of the people and the preserver of the integrity of the public service."[43] The Court expounded on such policy in M.A. Jimenez Enterprises, Inc. v. Ombudsman,[44] thus: It is well-settled that the determination of probable cause against those in public office during a preliminary investigation is a function that belongs to the Ombudsman. The Ombudsman is vested with the sole power to investigate and prosecute, motu proprio or upon the complaint of any person, any act or omission which appears to be illegal, unjust, improper, or inefficient. It has the discretion to determine whether a criminal case, given its attendant facts and circumstances, should be filed or not. As explained in Esquivel v. Ombudsman: |