PROVISIONS: RA 6770, Section 15(1). Powers, Functions and Duties. —TheOfficeoftheOmbudsmanshallhavethefollowingpowers,functions and duties: (1) Investigate and prosecute on its own or on complaint by anyperson, any act or omission of any public officer or employee, officeor agency, when such act or omission appears to be illegal, unjust,improperorinefficient.thasprimaryjurisdictionovercasescognizableby the Sandiganbayan and, in the exercise of thisprimaryjurisdiction,itmay take over, at any stage, from anyinvestigatoryagencyofGovernment,the investigation of suchcases; RA6770Section11(4). StructuralOrganization.—Theauthority and responsibility for the exercise of the mandate of theOffice of the Ombudsman and for the discharge of its powers andfunctionsshall be vested in the Ombudsman, who shall havesupervision and control of the said office. xxx (4)TheOfficeoftheSpecialProsecutorshall,underthesupervision and control and upon the authority of the Ombudsman,have the following powers: (a) To conduct preliminary investigation and prosecute criminalcases 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 DeputyOmbudsman. DOCTRINE: Section 15 of RA 6770 gives the Ombudsman primary jurisdictionover cases cognizable by the Sandiganbayan. The law definessuch primary jurisdiction as authorizing the Ombudsman "to takeover,atanystage,fromanyinvestigatoryagencyofthegovernment, the investigation of such cases." The grant of thisauthoritydoesnotnecessarilyimplytheexclusionfromitsjurisdictionofcasesinvolvingpublicofficersandemployeescognizable by other courts. The exercise by the Ombudsman of hisprimary jurisdiction over cases cognizable by the Sandiganbayan isnot incompatible with the discharge of his duty to investigate andprosecuteotheroffensescommittedbypublicofficersandemployees. Indeed, it must be stressed that the powers granted bythe legislature to the Ombudsman are very broad and encompassallkindsofmalfeasance,misfeasanceandnon-feasancecommitted by public officers and employees during their tenure ofoffice. FACTS: ●This case is a petition forCertiorariassailing the order oftheDavaoDelSurRTC,Branch19,dismissingthecriminal case against respondents. oEnoc and 10 Others were employed with theOfficeoftheSouthernCulturalCommunities(OSCC), Provincial Office, Digos Davao Del Sur,and all had a salary grade of below 27.
oAs none of the respondents were of the requisiterankforthecasestobefiledbeforetheSandiganbayan(underRA8249), their caseswere filed with the RTC.
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Government, Separation of Powers, Supreme Court of the United States, The Court, Sc