Replacement of a temporary or acting appointee 9

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Unformatted text preview: rely advisory in nature but actually mandatory within the bounds of law. This, should not be interpreted as usurpation of the Ombudsman of the authority of the head of office or any officer concerned. It has long been settled that the power of the Ombudsman to investigate and prosecute any illegal act or omission of any public official is not an exclusive authority, but a shared or concurrent authority in respect of the offense charged. (Ledesma v. CA, GR 161629, 29 July 2005) Q: Is the power of the ombudsman to investigate exclusive? A: No, While the Ombudsman’s power to investigate is primary, it is not exclusive and, under the Ombudsman Act of 1989, he may delegate it to others and take it back any time he wants to. (Acop v. Ombudsman, G.R. No. 120422 September 27, 1995). Q: May the military deputy investigate civilian police? POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LAW ON PUBLIC OFFICERS A: Because the power of the Ombudsman is broad and because the Deputy Ombudsman acts under the direction of the Ombudsman, the power of the Military Deputy to investigate members of the civilian police has also been affirmed. (Acop v. Ombudsman, G.R. No. 120422 September 27, 1995) Q: Can the Claim of Confidentiality prevent the Ombudsman from demanding the production of documents needed for the investigation? A: No, In Almonte v. Vasquez, G.R. No. 95367 May 23, 1995, the Court said that where the claim of confidentiality does not rest in the need to protect military, diplomatic or the national security secrets but on general public interest in preserving confidentiality, the courts have declined to find in the Constitution an absolute...
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