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Republic Act No. 3019. According to petitioner, had the Deputy Ombudsman for
Luzon made a careful study of the evidence presented by him and had he
meticulously weighed the evidence, he would have found out that probable cause
exists to indict private respondents.
It is readily clear from petitioner's assertions that he is questioning the correctness
of the Deputy Ombudsman for Luzon's appreciation of facts.
The function of determining what is sufficient evidence to establish probable cause is
the job of the Office of the Ombudsman.[21] Except in cases when there is grave
abuse of discretion in the exercise of its discretion, which is absent in the instant
case, this Court has adopted a policy of non-interference in the exercise of the
Ombudsman's constitutionally mandated powers on this matter.[22]
Indeed, this Court is not a trier of facts; the Ombudsman is.[23] This rule is based
not only upon respect for the investigatory and prosecutory powers granted by the
Constitution to the Office of the Ombudsman but upon practicality as well.[24]
Otherwise, the functions of the courts will be grievously hampered by innumerable
petitions assailing the dismissal of investigatory proceedings conducted by the Office
of the Ombudsman with regard to complaints filed before it, in much the same way
that the courts will be extremely swamped if they could be compelled to review the
exercise of discretion on the part of the fiscals or prosecuting attorneys each time
they decide to file an information in court or dismiss a complaint by a private
complainant.[25] Petitioner presents an issue which touches on factual findings of the
Ombudsman. Such issue is not reviewable by this Court via certiorari.[26]
IN LIGHT OF ALL THE FOREGOING, the Petitions are DISMISSED. The assailed
Joint Order of the Deputy Ombudsman for Luzon dated 7 December 2004 is hereby
AFFIRMED. Costs against petitioner.
SO ORDERED.
Ynares-Santiago, (Chairperson), and Austria-Martinez, JJ., concur.
Nachura, J., no part. Filed pleadings as Sol Gen.
[1] Rollo (G.R. Nos. 167335 &167337), pp. 20-26.
[2] Rollo (G.R. No. 173152), pp. 29-31.
[3] Sec.4(a) of Republic Act No. 6713 states: " Public officials and employees shall
always uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues."
[4] SEC. 38. National Commission on Indigenous Cultural Communities/Indigenous
People (NCIP). — To carry out the policies herein set forth, there shall be created the
National Commission on ICCs/IPs (NCIP), which shall be the primary government
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