The tribunal orbody of any of its judges must act on

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Unformatted text preview: g power to govern procedures under it. (703 Buencamino v. CA, GR 175895,April 4, 2007) 6. The power to investigate or conduct a preliminary investigation on any Ombudsman case may be exercised by an investigator or prosecutor of the Office of the Ombudsman, or by any Provincial or City Prosecutor or their assistance, either in their regular capacities or as deputized Ombudsman prosecutors. (Honasan II v. Panel of Investigators of the DOJ, G.R. No.159747, April 13, 2004) 7. A preventive suspension will only last ninety (90) days, not the entire duration of the criminal case. (Villasenor v Sandiganbayan G.R. No. 180700, March 4, 2008) 142 Q: Are the powers of Ombudsman delegable? A: The power to investigate or conduct a preliminary investigation on any Ombudsman case may be exercised by an investigator or prosecutor of the Office of the Ombudsman, or by any Provincial or City Prosecutor or their assistance, either in their regular capacities or as deputized Ombudsman prosecutors. (Honasan II v. Panel of Investigators of the DOJ, 2004) “In any form or manner” means that the fact that the Ombudsman may start an investigation on the basis of any anonymous letter does not violate the equal protection clause. For purposes of initiating preliminary investigation before the Office of the Ombudsman, a complaint “in any form or manner” is sufficient. (Garcia v. Miro, G.R. No. 148944. February 5, 2003) Q: Can the Ombudsman directly dismiss a public officer from government service? A: Under Section 13(3) of Article XI, the Ombudsman can only recommend to the officer concerned the removal of a public officer or employee found to be administratively liable. (Tapiador v. Office of the Ombudsman, G.R. No. 129124. March 15, 2002) Be that as it may, the refusal, without just cause, of any officer to comply with such an order of the Ombudsman to penalize erring officer or employee is a ground for disciplinary action. Thus, there is a strong indication that the Ombudsman’s recommendation is not me...
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This document was uploaded on 03/12/2014.

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