Monday, December 5, 2016

Out of DELICADEZA, the justice secretary should voluntarily inhibit himself from the pending cases and forward them outright to the Ombudsman for preliminary investigation and final disposition.



Although the Ombudsman and the DOJ have the "concurrent jurisdiction" to conduct preliminary investigations of complaints filed against public officials, nonetheless, the DOJ is required to forward to the Ombudsman the results of its preliminary investigations for the latter's final review and disposition.

Only the Ombudsman has the "exclusive original jurisdiction" to file criminal Informations in the Sandiganbayan against high-ranking public officials, like a legislator.

If the justice secretary is perceived by the public to be biased and prejudiced against a legislator for reasons of politics as shown by his past and present press releases,statements and interviews which amount to a prejudgment of the pending cases, my position is that, out of DELICADEZA, the justice secretary should voluntarily inhibit himself from the pending cases and forward them outright to the Ombudsman for preliminary investigation and final disposition.

This is especially true if the respondent is an opposition legislator who is perceived by the people to be the priority target of the political vendetta of the Executive and his party.