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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A private complainant, Maria Santos, filed a verified complaint with the DOJ Panel of Investigators charging a provincial governor with malversation in the misappropriation of calamity funds. The Investigator issued a Resolution dismissing the complaint for lack of probable cause. Santos seeks to challenge the Investigator's Resolution by an appeal under DOJ Circular No. 2000-70, as amended by Circular No. 2022-027. (a) Identify whether an appeal from an Investigator's Resolution lies under these circulars and the proper forum for the appeal; (b) State the grounds on which the appeal may be granted and the standard of review; (c) Apply to the facts: Should Santos be allowed to appeal, and what outcome should a reviewing authority likely reach?

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No; there is no right to appeal from an Investigator's Resolution; remedy is a petition for certiorari to the Supreme Court on questions of law. Yes; to the Court of Appeals via a petition for certiorari; grounds: grave abuse and denial of due process; standard: review of administrative actions for errors of law; remedy: set aside the resolution. Yes; to the Ombudsman; grounds: violation of anti-graft laws; standard: independent inquiry with broad review; remedy: remand to the Panel for reinvestigation. Yes; to the Secretary of Justice; grounds: grave abuse of discretion, misappreciation of evidence, or denial of due process; standard: review on the record and may set aside if grave abuse or misappreciation is shown; remedy: set aside and remand for reinvestigation or filing of information.

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