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All Jurisprudence based

0 tracked cards Political and Public International Law

Under the 1987 Constitution, Article XI, and Republic Act No. 6770 (Ombudsman Act), the Ombudsman, through a Special Prosecutor, conducts a preliminary investigation into the acts of the administrator of the Laguna Lake Development Authority (LLDA) for malversation in the procurement of dredging equipment for flood-control projects. After the investigation, the Ombudsman directs the filing of a criminal information with the Sandiganbayan. The LLDA administrator objects that prosecutorial action is a matter for the courts and not for the Ombudsman. Are the Ombudsman’s actions valid? Explain.

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Yes, but only if the offense is malversation of public funds; the Ombudsman’s prosecutorial power is limited to malversation, and the LLDA case would thus be within scope only if malversation is involved. No. The Special Prosecutor must be an independent official outside the Office of the Ombudsman and cannot file information in the Sandiganbayan. Yes. Under the 1987 Constitution Article XI and RA 6770, the Ombudsman may conduct a preliminary investigation and, through a Special Prosecutor, file a criminal information with the Sandiganbayan; the public official’s objection that prosecutorial action is a matter for the courts is incorrect. No. The Ombudsman cannot prosecute public officers for procurement-related offenses if the agency involved is a quasi-government entity like LLDA.

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