Flashcards Studio

(a) Identify the controlling doctrine governing judicial review of the acts of the Office of the Ombudsman (and its Special Prosecutor) in penal proceedings under the 1987 Constitution, Art. XI, and Republic Act No. 6770.
(b) State the proper remedy and the standard of review, including the scope of review of the Ombudsman’s prosecutorial acts.
(c) Apply to this scenario: City Mayor Ariana M. is under a preliminary investigation by the Ombudsman, acting through a Special Prosecutor, for alleged malversation of funds in a municipal project. The Ombudsman files an information with the Sandiganbayan. The Mayor challenges the act by filing a petition for certiorari with the Supreme Court, contending grave abuse of discretion amounting to lack or excess of jurisdiction. Should the petition be granted? Explain your answer by analyzing the controlling doctrine, the remedy, and the scope of review.