Category Archives: Ombudsman

An appeal shall not stop a decision of the Ombudsman from being executory

be brought by the Republic of the Philippines or by the person claiming to be entitled to such office.[12]  In this case, it was Del Castillo who filed the action, claiming that he was entitled as a matter of right … Continue reading

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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 … Continue reading

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Can the Ombudsman initiate investigation even based on anonymous complaint?

Petitioner BIR insists that the investigative power of the Ombudsman is not unbridled.  Particularly on the issue of tax refunds, the BIR maintains that the Ombudsman could validly exercise its power to investigate only when there exists an appropriate case … Continue reading

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The investigation conducted by the Office of the Ombudsman violated due process, inasmuch as it commenced its investigation by issuing the subpoena duces tecum without first furnishing petitioner with a summary of the complaint and requiring it to submit a written answer

With regard to the manner in which the investigation was conducted, petitioner asserts that the investigation conducted by the Office of the Ombudsman violated due process, inasmuch as it commenced its investigation by issuing the subpoena duces tecum without first … Continue reading

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The power to investigate and to prosecute which was granted by law to the Ombudsman is plenary and unqualified

Petitioner BIR insists that the investigative power of the Ombudsman is not unbridled.  Particularly on the issue of tax refunds, the BIR maintains that the Ombudsman could validly exercise its power to investigate only when there exists an appropriate case … Continue reading

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The decision of the Ombudsman in administrative case is immediately executory pending appeal and may not be stayed by the filing of an appeal or the issuance of an injunctive writ

The issue of whether or not an appeal of the Ombudsman decision in an administrative case carries with it the immediate suspension of the imposed penalty has been laid to rest in the recent resolution of the case of Ombudsman … Continue reading

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A situation where the Ombudsman is made to determine whether or not a judgment of the Supreme Court is unjust is an absurdity

In the present case, the “matter” that gave rise to the issuance of a subpoena duces tecum was a criminal complaint filed by the complainants Lozano for the alleged violation by retired Supreme Court Chief Justice Hilario Davide, Jr. and … Continue reading

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