Provisions ra 6770 section 151 powers functions and

This preview shows page 53 - 55 out of 71 pages.

PROVISIONS: RA 6770, Section 15(1). Powers, Functions and Duties . — The Office of the Ombudsman shall have the following powers, functions and duties: (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.t has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases; RA 6770 Section 11(4) . Structural Organization . The authority and responsibility for the exercise of the mandate of the Office of the Ombudsman and for the discharge of its powers and functions shall be vested in the Ombudsman, who shall have supervision and control of the said office. xxx (4) The Office of the Special Prosecutor shall, under the supervision and control and upon the authority of the Ombudsman, have the following powers: (a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan; (b) To enter into plea bargaining agreements; and (c) To perform such other duties assigned to it by the Ombudsman. The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman. DOCTRINE: Section 15 of RA 6770 gives the Ombudsman primary jurisdiction over cases cognizable by the Sandiganbayan. The law defines such primary jurisdiction as authorizing the Ombudsman "to take over, at any stage, from any investigatory agency of the government, the investigation of such cases." The grant of this authority does not necessarily imply the exclusion from its jurisdiction of cases involving public officers and employees cognizable by other courts. The exercise by the Ombudsman of his primary jurisdiction over cases cognizable by the Sandiganbayan is not incompatible with the discharge of his duty to investigate and prosecute other offenses committed by public officers and employees. Indeed, it must be stressed that the powers granted by the legislature to the Ombudsman are very broad and encompass all kinds of malfeasance, misfeasance and non-feasance committed by public officers and employees during their tenure of office. FACTS: This case is a petition for Certiorari assailing the order of the Davao Del Sur RTC, Branch 19, dismissing the criminal case against respondents. o Enoc and 10 Others were employed with the Office of the Southern Cultural Communities (OSCC), Provincial Office, Digos Davao Del Sur, and all had a salary grade of below 27.
Image of page 53
o As none of the respondents were of the requisite rank for the cases to be filed before the Sandiganbayan (under RA 8249), their cases were filed with the RTC.
Image of page 54
Image of page 55

You've reached the end of your free preview.

Want to read all 71 pages?

  • Fall '19
  • Government, Separation of Powers, Supreme Court of the United States, The Court, Sc

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes