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PERFECTO R. YASAY v. OMBUDSMAN ANIANO A. DESIERTO

This case has been cited 1 times or more.

2007-04-02
GARCIA, J.
Here, respondent was charged with dishonesty, among other administrative and criminal charges, and the Ombudsman particularly found strong evidence to support said charge on the specified ground of "non-disclosure of assets and business interests." Questions on the strength of the evidence to support the preventive suspension order are squarely within the jurisdiction of the Ombudsman. On this score, the following pronouncements of this Court in Yasay, Jr. v. Desierto[6] are very much in point:The rule is that whether the evidence of guilt is strong, as required in Section 24 of R.A. No. 6770, is left to the determination of the Ombudsman by taking into account the evidence before him. In the very words of Section 24, the Ombudsman may preventively suspend a public official pending investigation if "in his judgment" the evidence presented before him tends to show that the official's guilt is strong and if the further requisites enumerated in Section 24 are present. The Court cannot substitute its own judgment for that of the Ombudsman on this matter, absent clear showing of grave abuse of discretion on the part of respondent Ombudsman.