Does the Ombudsman has jurisdiction over respondent’s complaint against petitioner although the act complained of involves a private deal between them

On the first issue, we agree with the CA that the Ombudsman has jurisdiction over respondent’s complaint against petitioner although the act complained of involves a private deal between them.[12]  Section 13(1),[13] Article XI of the 1987 Constitution states that the Ombudsman can investigate on its own or on complaint by any person any act or omission of any public official or employee when such act or omission appears to be illegal, unjust, or improper.  Under Section 16[14] of R.A. No. 6770, otherwise known as the Ombudsman Act of 1989, the jurisdiction of the Ombudsman encompasses all kinds of malfeasance, misfeasance, and nonfeasance committed by any public officer or employee during his/her tenure.  Section 19[15] of R.A. No. 6770 also states that the Ombudsman shall act on all complaints relating, but not limited, to acts or omissions which are unfair or irregular.  Thus, even if the complaint concerns an act of the public official or employee which is not service-connected, the case is within the jurisdiction of the Ombudsman.  The law does not qualify the nature of the illegal act or omission of the public official or employee that the Ombudsman may investigate.  It does not require that the act or omission be related to or be connected with or arise from the performance of official duty.  Since the law does not distinguish, neither should we.[16]

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/178454.htm

About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Jurisdiction, Ombudsman, Question and Answers and tagged . Bookmark the permalink.

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