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All Jurisprudence based

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

Scenario: A private complainant, Luzon Consumers Union, Inc., filed a verified complaint with the Department of Justice (DOJ) Panel of Investigators charging a regional governor with malversation in the procurement of disaster-relief supplies. The Investigator issued a Resolution dismissing the complaint for lack of probable cause. Luzon Consumers Union, Inc. 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 Luzon Consumers Union, Inc. be allowed to appeal, and what outcome should a reviewing authority likely reach?

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An appeal lies to the Ombudsman for administrative review; the grounds are grave abuse and violation of due process; the standard of review is substantial evidence; the outcome would be a remand to the DOJ for reconsideration. There is no appeal from an Investigator's Resolution when the dismissal is for lack of probable cause; the remedy is to file a direct information with the Sandiganbayan; the proper forum is the Sandiganbayan; the standard of review is not applicable. An appeal lies to the Secretary of Justice within 15 days from receipt of the Resolution; the proper forum is the Office of the Secretary of Justice; grounds are grave abuse of discretion amounting to lack or excess of jurisdiction and misappreciation of evidence; the standard of review is a limited examination of the record to determine grave abuse; on these facts Luzon Consumers Union, Inc. should be allowed to appeal, and the reviewing authority would likely reverse the dismissal and remand for prosecution. An appeal lies to the DOJ Secretariat through a direct motion for reconsideration to the Secretary; grounds are misapplication of rules and new evidence; the standard of review is a reweighing of evidence; the outcome would be dismissal again.

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