Ombudsman – Power to Revoke and Alter Rulings

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GR#256337, February 13, 2023
Highlights:
Ombudsman – Power to Revoke and Alter Rulings

 

The Ombudsman is not precluded from ordering another review of a complaint, for he or she may revoke, repeal or abrogate the acts or previous rulings of a predecessor in office. And Roxas v. Hon. Vasquez teaches that new matters or evidence are not prerequisites for a reinvestigation, which is simply a chance for the prosecutor, or in this case the Office of the Ombudsman, to

review and re-evaluate its findings and the evidence already submitted.

 
In criminal prosecutions, a reinvestigation, like an appeal, renders the entire case open for review. It matters not that the complainants did not seek a reinvestigation or reconsideration of the dismissal of the charges against petitioners. Consistent with its independence as protector of the people and as prosecutor to ensure accountability of public officers, the Ombudsman is
not and should not be limited in its review by the action or inaction of complainants. On the other hand, it is clear from Section 15 ofR.A. 6770 that the Ombudsman may motu proprio conduct a reinvestigation to assure that the guilty do not go unpunished.
 
Reference Cited:
Binay v. Office of the Ombudsman
G.R. No. 213957-58, August 7, 2019.