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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 Special Prosecutor (OSP) against a city mayor for misappropriation of calamity funds. After a formal investigation, the OSP issues an order dismissing the case for lack of probable cause, stating that the record fails to show credible evidence of wrongdoing. The complainant challenges the dismissal by filing a petition for certiorari under Rule 65, asserting grave abuse of discretion amounting to lack or excess of jurisdiction. The OSP maintains that the ruling is a proper exercise of discretion and not subject to review on the merits. (a)Identify the controlling doctrine governing judicial review of OSP administrative proceedings. (b)Distinguish between grave abuse of discretion and mere error of judgment, and indicate which standard applies in this context. (c)Apply the doctrine to the facts: Should the Supreme Court grant relief via certiorari, and why or why not?

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The controlling doctrine is grave abuse of discretion amounting to lack or excess of jurisdiction; Rule 65 certiorari is the proper vehicle; the standard is grave abuse, not mere error of judgment; since the OSP's dismissal overlooks credible evidence in the record, the Court should grant relief. The controlling doctrine is the substantial evidence test; certiorari is appropriate only to review logical consistency; the Court should remand for a new investigation. The controlling doctrine is constitutional due process; certiorari is the wrong remedy; the appropriate action is a petition for prohibition. The controlling doctrine is grave abuse of discretion, but relief should be sought by petition for prohibition rather than certiorari.

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