Flashcards Studio

Under the 1987 Constitution Art. XI and RA 6770, identify the controlling doctrine on judicial review of acts of the Office of the Ombudsman (and its Special Prosecutor) in penal proceedings. A municipal mayor is under preliminary investigation by the Ombudsman through a Special Prosecutor for alleged irregularities in a municipality-funded water district 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 doctrine, the remedy, and the scope of review.