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TRANQUIL SALVADOR
Castelo Chan-Gonzaga Evardone Gacutan Gana Gutierrez Lopez Miclat Mercado Sales Tan Valdez Varela
CRIMINAL PROCEDURE DIGESTS (2013 2014) ATTY. TRANQUIL SALVADOR
ISSUES TO BE RESOLVED: Prosecutor such other powers and functions and duties
1. Whether or not the Ombudsman acted with grave abuse of as Congress may deem fit and wise.
discretion or acted without or in excess of his jurisdiction.
2. Whether or not the questioned resolution was based on Major Point 2: R.A. No. 6770 is constitutional. The principle of stare
misapprehension of facts, speculations, surmises and decisis cannot be set aside.
conjectures Petitioners maintain that R.A. No. 6770 (The Ombudsman Act
of 1989), which made the OSP an organic component of the
RESOLUTIONS AND ARGUMENTS Office of the Ombudsman, should be struck down for being
ISSUE 1 Whether or not the Ombudsman acted with grave abuse of unconstitutional.
discretion or acted without or in excess of his jurisdiction NO. The The doctrine of stare decisis et non quieta movere (to adhere to
OSP has been placed under the Office of the Ombudsman by virtue of precedents and not to unsettle things which are established) is
R.A. No. 6770 (Ombudsman Act of 1989), and as such is under the embodied in Article 8 of the Civil Code1 of the Philippines
supervision and control of the Ombudsman. o Fermin v. People The doctrine of stare decisis is
based on the principle that once a question of law has
Major Point 1: The Constitution does not proscribe the Legislature from been examined and decided, it should be deemed
granting the Ombudsman more powers, nor from placing the OSP under settled and closed to further argument.
the Office of the Ombudsman. o Chinese Young Men's Christian Association of the
Petitioners assert that the Ombudsman has no authority to Philippine Islands v. Remington Steel Corporation
overturn the OSPs resolution dismissing the cases against Stare decisis simply means that for the sake of certainty,
petitioners because the Constitution grants the Ombudsman a conclusion reached in one case should be applied to
only with the power to watch, investigate and recommend the those that follow if the facts are substantially the same,
filing of proper cases against erring officials, but it was not even though the parties may be different. It proceeds
granted the power to prosecute. from the first principle of justice that, absent any
Acop v. Office of the Ombudsman powerful countervailing considerations, like cases ought
o The Court held that giving prosecutorial powers to the to be decided alike.
Ombudsman is in accordance with the Constitution as Petitioners have not shown any strong, compelling reason to
paragraph 8, Section 13, Article XI provides that the convince the Court that the doctrine of stare decisis should not
Ombudsman shall exercise such other functions or be applied to this case.
duties as may be provided by law. o They have not successfully demonstrated how or why it
o Congress has the power to place the OSP under the would be grave abuse of discretion for the Ombudsman,
Office of the Ombudsman. In the same vein, Congress who has been validly conferred by law with the power
may remove some of the powers granted to the of control and supervision over the OSP, to disapprove
Tanodbayan by P.D. No. 1630 and transfer them to the or overturn any resolution issued by the latter.
Ombudsman, or grant the Office of the Special
1Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a
part of the legal system of the Philippines.
Castelo Chan-Gonzaga Evardone Gacutan Gana Gutierrez Lopez Miclat Mercado Sales Tan Valdez Varela
CRIMINAL PROCEDURE DIGESTS (2013 2014) ATTY. TRANQUIL SALVADOR
Castelo Chan-Gonzaga Evardone Gacutan Gana Gutierrez Lopez Miclat Mercado Sales Tan Valdez Varela