
What is the nature of the findings of facts by the Office of the Ombudsman?
Category: Civil Procedure
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).
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What is the nature of the findings of facts by the Office of the Ombudsman?
Category: Civil Procedure
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).
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
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