This case has been cited 2 times or more.
|
2015-08-11 |
BRION, J. |
||||
| Significantly, Reyna and Soria v. Commission on Audit[130] teaches that an administrative proceeding pertaining to a COA disallowance is distinct and separate from a preliminary investigation in a criminal case which may have arisen from the same set of facts. Both proceedings may proceed independently of each another. Thus, Reyna and Soria declares:On a final note, it bears to point out that a cursory reading of the Ombudsman's resolution will show that the complaint against petitioners was dismissed not because of a finding of good faith but because of a finding of lack of sufficient evidence. While the evidence presented before the Ombudsman may not have been sufficient to overcome the burden in criminal cases of proof beyond reasonable doubt, it does not, however, necessarily follow, that the administrative proceedings will suffer the same fate as only substantial evidence is required, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. | |||||
|
2015-01-27 |
BERSAMIN, J. |
||||
| As to the nature of the procedures, Rule 42 governs an appeal from the judgment or final order rendered by the Regional Trial Court in the exercise of its appellate jurisdiction. Such appeal is on a question of fact, or of law, or of mixed question of fact and law, and is given due course only upon a prima facie showing that the Regional Trial Court committed an error of fact or law warranting the reversal or modification of the challenged judgment or final order.[17] In contrast, the petition for certiorari under Rule 64 is similar to the petition for certiorari under Rule 65, and assails a judgment or final order of the Commission on Elections (COMELEC), or the Commission on Audit (COA). The petition is not designed to correct only errors of jurisdiction, not errors of judgment.[18] Questions of fact cannot be raised except to determine whether the COMELEC or the COA were guilty of grave abuse of discretion amounting to lack or excess of jurisdiction. | |||||