(CONSTI) Deloso Vs Domingo
(CONSTI) Deloso Vs Domingo
(CONSTI) Deloso Vs Domingo
Domingo
Governor Deloso of Zambales seeks to stop the respondent,
Domingo (Deputy Ombudsman) from conducting a preliminary
investigation of the charge against him of multiple murder.
1. Claims that the Ombudsman has no jurisdiction in
investigating acts not connected with his duties as governor
2. Same goes for Tanodbayan.
FACTS:
Governor alledges that at 1:30am, returning from a prewedding celebration, the governors convoy was ambushed.
After being able to escape, he later found out that the three
ambushers were killed, while his own group suffered no
casualties.
Testimonies of witnesses say otherwise.
o State that it was the Governors group who were the
ambushers.
o Witnesses identified the escort of Deloso.
Deloso files motion to dismiss on the grounds of lack of
jurisdiction by the Special Prosecutor.
Domingo, Deputy Ombudsman, denies motion to dismiss
given that the Constitution empowers the Ombudsman to
investigate any act of omission of any public official.
o Not limited to an officials discharge of his public
functions given
o Any act or omission may do for the Ombudsman to act
promptly on complaints filed in any form.
o Encompasses all kinds of misfeasance.
Decision:
Ombudsman does have Jurisdiction to hold investigation.