A+ A A-

What is the nature of the findings of facts by the Office of the Ombudsman?

What is the nature of the findings of facts by the Office of the Ombudsman?

Section 27(2) of R.A. No. 6770 provides that findings of facts by the Office of Ombudsman are conclusive when supported by substantial evidence. Thus, as long as there is substantial evidence to support the Ombudsman’s decision, it will not be reversed. The rationale of the rule is that, it 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. (Young v. Office of the Ombudsman, G.R. No. 110736, December 27, 1993, 228 SCRA 718; Ocampo v. Ombudsman, G.R. No. 103446-47, August 30, 1993).


What is the nature of the findings of facts by the Office of the Ombudsman?

What is the nature of the findings of facts by the Office of the Ombudsman?

Section 27(2) of R.A. No. 6770 provides that findings of facts by the Office of Ombudsman are conclusive when supported by substantial evidence. Thus, as long as there is substantial evidence to support the Ombudsman’s decision, it will not be reversed. The rationale of the rule is that, it 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. (Young v. Office of the Ombudsman, G.R. No. 110736, December 27, 1993, 228 SCRA 718; Ocampo v. Ombudsman, G.R. No. 103446-47, August 30, 1993).


BATASnatin The Firm

Lawyers in the Philippines

Latest @ Forums

Popular

  • 1
  • 2
  • 3
Prev Next

SUGGESTED ANSWERS …

ANSWERS TO BAR EXAMINATION QUESTIONS IN POLITICAL LAW ARRANGED BY TOPIC (1990 – 2006) Edited and Arranged by:Silliman University College of Law Batch 2005Updated by:DondeeD’ BAR-Retake 2007 From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & PHILIPPINE ASSOCIATION OF LAW SCHO...

Read more

Oral Defamation l S…

Kinds and Definition of Slander or Oral Defamation   Definition: Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood   Two kinds of oral or verbal defamation: (1) Grave Slander (2) Simple Slander   A. Factor...

Read more

Article I – THE NAT…

Article I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1) the Philippine archipelago;2) all other territories over which the Philippines has sovereignty or jurisdictionPHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of...

Read more

Random

  • 1
  • 2
  • 3
Prev Next

Non-impairment of C…

Article 3, SECTION 10 Philippines ConstitutionNON-IMPAIRMENT OF CONTRACTSAbella v. NLRC – illegal dismissal – To come under the constitutional prohibition, the law must effect change in the rights of the parties with reference to each other and not w...

Read more

Binding Receipt

Binding ReceiptWhat is a binding receipt according to Glora v. Philamlife? A binding receipt or slip is ordinarily a document, slip or memorandum given to the insured, which binds the insurance company to pay insurance should a loss occur pending ac...

Read more

LEVISTE V. NOBLEJAS…

LEVISTE V. NOBLEJAS89 SCRA 520> A notice of lis pendens and an adverse claim entered earlier than the adverse claim of private respondent need not be carried over to a new title to be issued to said respondent WHERE THE PRIOR INSCRIPTIONS DON’T REFER...

Read more

Featured

  • 1
  • 2
  • 3
Prev Next

Right to Strike

SSSEA v. CA – right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited form striking by express prohi...

Read more

People vs. Tolentin…

G.R. No. 176385, February 26, 2008 FACTS: On 13 February 1998, three separate informations of Murder and two counts of Frustrated Murder were filed before the RTC against appellants, together with accused Jimmy Trinidad and Arnel Trinidad. The murd...

Read more

Perfection Of A Con…

In Oesmer, Jr., et al. v. Paraiso Dev. Corp., G.R. No. 157493, February 5, 2007, a contract to sell was entered into by the owners of a real property. They affixed their signatures but contested its validity later contending that their co-owner had n...

Read more


BATASnatin.com- The Best Philippine Law Library

Login

Sign in with Facebook