It partakes the nature of judicial power but is

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Unformatted text preview: rnment, or any of its subdivisions, etc. 4. Shall not be qualified to run for any office in the election immediately succeeding their cessation from office. (Section 9 of R.A. No. 6770) 2.a. Powers and Duties Q: What is the scope of the powers of the Ombudsman? A: Over the years the scope of the powers of the Ombudsman under Section 12 has been clarified thus settling various disputed issues: 1. The ombudsman can investigate only officers of government owned ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 141 UST GOLDEN NOTES 2011 corporations with original charter. (Khan, Jr v Ombudsman, G.R. No. 125296, July 20. 2006) 2. The jurisdiction of the Ombudsman over disciplinary cases involving public school teachers has been modified by Section 9 of R.A. 4670, otherwise known as the Magna Carta for Public School Teachers, which says that such cases must first go to a committee appointed by the Secretary of Education. (Ombudsman v. Estandarte, GR 168670, April 13, 2007.) 3. The Ombudsman Act authorizes the Ombudsman to impose penalties in administrative cases. (Ombudsman v. CA, November 22, 2006; Ombudsman v. Lucero,November 24, 2006) Note: According to the Local Government Code, elective officials may be dismissed only by the proper court. “Where the disciplining authority is given only the power to suspend and not the power to remove, it should not be permitted to manipulate the law by usurping the power to remove.”(Sangguniang Barangay v. Punong Barangay, G.R. No. 170626, March 3, 2008) 4. The Special Prosecutor may not file an information without authority from the Ombudsman. (Perez v. Sandigabayan, G.R. No. 166062, September 26, 2006) 5. The Ombudsman has been conferred rule makin...
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