Administrativelaw2010 de leon q what is the nature

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Unformatted text preview: privilege even for the President. (Bernas Primer, Primer, (2006 ed.) Moreover, even in cases where matters are really confidential, inspection can be done in camera. 2.b. Judicial Review in Administrative Proceedings Q: What is the authority granted to the Ombudsman under existing laws in reviewing Administrative proceedings? A: Section 19 of the Ombudsman Act further enumerates the types of acts covered by the authority granted to the Ombudsman: SEC. 19. Administrative Complaints. ‐ The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which: 1. Are contrary to law or regulation; 2. Are unreasonable, unfair, oppressive or discriminatory; 3. Are inconsistent with the general course of an agency's functions, though in accordance with law; 4. Proceed from a mistake of law or an arbitrary ascertainment of facts; 5. Are in the exercise of discretionary powers but for an improper purpose; or 6. Are otherwise irregular, immoral or devoid of justification In the exercise of its duties, the Ombudsman is given full administrative disciplinary authority. His power is not limited merely to receiving, processing complaints, or recommending penalties. He is to conduct investigations, hold hearings, summon witnesses and require production of evidence and place respondents under preventive suspension. This includes the power to impose the penalty of removal, suspension, demotion, fine, or censure of a public officer or employee. (Ombudsman v. Galicia, G.R. No. 167711, October 10, 2008) 2.c. Judicial Review in Penal Proceedings Q: What is the authority granted to the Ombudsman in reviewing Penal Proceedings? A: In the exercise of its investigative power, this Court has consistently held that courts will not interfere with the discretion of the fiscal or the Ombudsman to determine the specificity and adequacy of the averments of the offense charged. He may dismiss the complaint forthwith if he finds it to be insufficient in form and substance or if he o...
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