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All Jurisprudence based

0 tracked cards Political and Public International Law

An administrative complaint is filed with the Office of the Ombudsman against a city mayor for misappropriation of calamity funds. After a formal investigation, the Ombudsman dismisses the case for lack of probable cause, citing that the record contains no credible evidence of wrongdoing. The complainant petitions for certiorari under Rule 65 challenging the dismissal as grave abuse of discretion amounting to lack or excess of jurisdiction. The Ombudsman defends that the ruling is a proper exercise of discretion and not subject to review on the merits. Which of the following statements best encapsulates the controlling doctrine, the standard of review, and the likely outcome under these facts?

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The controlling doctrine is grave abuse of discretion amounting to lack or excess of jurisdiction; the standard is grave abuse; relief via certiorari should be granted only if the Ombudsman acted with capricious disregard for the evidence and violated due process principles. The controlling doctrine is substantial evidence review; the standard is substantial evidence; relief via certiorari should be granted only if there was lack of substantial evidence supporting the dismissal. The controlling doctrine is that Ombudsman decisions are immune from review; the standard is none; relief via certiorari is not available. The controlling doctrine is grave abuse of discretion amounting to lack or excess of jurisdiction; the standard is grave abuse; relief via certiorari should be granted because the Ombudsman ignored credible evidence in the record, constituting capricious disregard of due process.

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