OMBUDSMAN V. VALERA TOPIC: Ombudsman DOCTRINE: DOCTRINE: Ombudsman may delegate his investigatory function function including including the power power to conduct conduct administra administrative tive investigation to the Special Prosecutor. However, Sec. 24 of R !""# !""# grants grants the power power to preve preventi ntivel vely y sus suspen pend d O$%& O$%& to the O'()*S'$ and *+P)& O'()*S'+$.
FACTS: -. Repon eponde dent nt aler alera a was was appo appoin inte ted d as *epu *eputy ty /ommissioner of the (ureasu of /ustoms by P0'. He too1 his oath of oce and assumed his post. 2. Oce Oce of the the Ombu Ombuds dsma man n recei eceive ved d the the swor sworn n complaint 3led by then *irector 'atillano of P$P /*0 /*0.. n the the comp compla lain intt he was was char charge ged d with with criminal o5enses as well as administrative o5enses of grave misconduct and Serious irregularity in the performance of duty. 6. Prio Priorr to *ire *irect ctor or 'att 'attila ilano no7s 7s swor sworn n comp compla lain int, t, criminal and administrative charges were also 3led with the Oce of the Ombudsman by tty. dolfo /asareo against respondent alera. Such complaint cont contai aine ned d simi simila larr alle allega gati tion ons s with with *ir *irecto ectorr 'atillano7s complaint. a. 8itho ithout ut autho uthorrity ity by commis mmiss sione ionerr of customs, respondent entered int into comp compro romi mise se agre agreem emen entt with with Stee Steell sia sia 'anufacturing /orp. to the pre9udice of the gov7t. 4. Ombu Ombuds dsma man n Sime Simeon on 'ar 'arcelo celo issu issued ed a memo memo inhibit inhibiting ing himsel himselff from from the the crimin criminal al and admin admin cases cases and directed directed petitioner petitioner special special prosecut prosecutoe oe illa:gnacio to act in his stead and place.
;. Pursuant Pursuant to the the memo, Special Special Prosec Prosecutor utor issued issued an order placing respondent alera under preventive suspension for ! months without pay. !. Respond espondent ent alera alera sought sought for reco reconsi nsider derati ation on on the ground ground of denial denial of due process process but it was denied denied.. Howeve However, r, ++$ ++$ (+ ests on the ombudsman and his deputy the power to prev preven enti tive vely ly susp suspen end d any any gov7 gov7tt ocer or employee under Ombu Ombuds dsma man7 n7s s auth author orit ity y pend pendin ing g inve invest stig igat atio ion n sub9 sub9ec ectt to cert certai ain n conditions. ii. Sec. ; rt. rt. ? /onstit /onstitution ution > states states that that Oce of the Ombudsman is composed of the Ombudsman to be 1nown as the anodbayan anodbayan is composed of , one over overal alll *epu *eputy ty,, and and at leas leastt one one *eputy *eputy each for %u=on, %u=on, isayas and 'ind 'indan anao ao.. sepa separa rate te depu deputy ty for for military establishment may li1ewise be appointed. c. / not not pers persua uade ded d by spec specia iall pros prosec ecut utor or7s 7s contentio contention n statinf statinf rt. --@4A@cA --@4A@cA of R !""# that that Oce Oce of specia speciall prose prosecut cutor or shall, shall, in
addition to those powers eBpressly enumerated, may perform such other duties assigned to it by the Ombudsman. / declared Ombudsman 'arcelo7s memo null and void. SS)+CSD 8O$ Special Prosecutor illa:gnacio has authority to place respondent under preventice suspension. $O. H+%*D Petitiones de!end the validity of Ombudsman7s delegation of authority to special prosecutor. hey contend that the authority to preventively suspend is not insusceptible to delegation to an alter ego of the ombudsmanE petitioner Special Prosecutor possessed the necessary Fuali3cations and competence to eBercise delegated functionsE and no law or rule was violated with the said delegation. that special Res"ondent Va#ea a$ues prosecutor has no authority to issue the order placing him under preventive suspension. 8hile section -- @4A@cA of R !!"# grants the special prosecutor the power to perform such other duties assigned to it by the Ombudsman, the performance of such other duties should still be under the supervision and control and upon the authority of the Ombudsman. Respondent also submits that the memo destroyed the hierarchy of command within the oce f the Ombudsman. : SP+/% PROS+/)OR HS $O S)/H )HOR& O OR*+R H+ PR++$+ S)SP+$SO$ O< H+ R+SPO$*+$. : Ombudsman 'arcelo did not state in the said memo the reason for his inhibition. : Rule on voluntary inhibition of 9udges must be applied to the Ombudsman in the performance of •
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his functions particularly in administrative proceedings li1e in this case. o %i1e 9udges, the decision on 8O$ to inhibit is left to the Ombudman7s discretion and sound conscience. However, Ombudsman 'arcelo has no unfettered discretion to inhibit himself. he inhibition must be for valid and 9ust causes. T%e Ombudsman& "usuant to %is "o'e o! su"e(ision and )onto# o(e t%e S"e)ia# Pose)uto& ma* aut%oi+e t%e #atte to )ondu)t administati(e in(esti$ation : (ased on the pertinent provisions of the /onstitution and R.. $o. !""#, the powers of the Ombudsman have generally been categori=ed into the followingD o nvestigatory powerE o Prosecutory powerE o Public assistance functionsE o uthority to inFuire and obtain informationE and o
- Supervision and control shall include authority to act directly whenever a speci3c function is entrusted by law or regulation to a subordinateE direct the performance of dutyE restrain the commission of actsE review, approve, reverse or modify acts and decisions of subordinate ocials or unitsE determine
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Ombudsman may delegate his investigatory function including the power to conduct administrative investigation to the Special Prosecutor. However, Sec. 24 of R !""# grants the power to preventively suspend O$%& to the O'()*S'$ and *+P)& O'()*S'+$. 8ith respect to the grant of the power to preventively suspend, Section 24 of R.. $o !""# ma1es no mention of the Special Prosecutor. he obvious import of this eBclusion is to withhold from the Special Prosecutor the power to preventively suspend 8hile R.. $o. !""# accords the Special Prosecutor the same ran1 as that of the *eputy Ombudsmen, Section 24 thereof eBpressly grants only to the Ombudsman and the *eputy Ombudsmen the power to place under preventive suspension government ocials and employees under their authority pending an administrative investigation.
DISPOSITIVE: Petition *enied. / decision armed.
priorities in the eBecution of plans and programsE and prescribe standards, guidelines, plans and programs.
