Bachelor of Secondary October 3, 2021

Education Major in Social ED SS 14- LAW RELATED

Studies STUDIES

According to Atty. Tranquil Salvador (2017) in his article about Lazatin v.

Desierto he presented the case digest as follows:

G.R. Number 147097

June 5, 2009

LAZATIN v. DESIERTO

Plaintiffs: Lazatin, Carmelo F., Morales, Marino A., David, Teodoro L. and
Pelayo, Angelito A.

Defendant: Hon. Aniano A. Desierto as Ombudsman, and Sandiganbayam,

Third Division

SUMMARY OF THE CASE:

Appellants are charged with violating RPC Article 220 & Republic Act Number
3019. Following an inquest, it was proposed that they must be indicted. The
Sandiganbayan, on either side, requested a re-evaluation of the issue.
Considering that, the Office of the Special Prosecutor (which, by virtue of
Republic Act Number 6770, reports to the Office of the Ombudsman) suggested
that the lawsuit be dropped.This indictment, but on the other side, is supported
by the Office of Legal Affairs. The Ombudsman approved the OLA
recommendation, which even the plaintiffs argue is beyond his authority since the
Constitution intended for the OSP to be autonomous of the Ombudsman, and so
the Ombudsman has the power to investigate.

The Supreme Court held that the Constitution enables parliament Legislature to
provide extra powers to the Ombudsman, such as the authority to investigate –
which was done through Republic Act Number 6770. As a result, the
Ombudsman is acting inside its authority and punishing petitions.

Plaintiffs cannot also challenge the Ombudsman's appraisal of material before

the Supreme Court since certiorari will not be granted for correct mistakes made
by the trial judge in its appraisal of the litigants' information, or its inferences
based on the aforementioned discoveries, or its legal judgement . Plaintiffs were
unable to demonstrate that the Commissioner behaved without flagrant misuse of
authority.

DOCTRINE/APPLICATION:
● By accordance with the Constitution, the Ombudsman has indeed been
given the authority to indict by the Legislature.
● Certiorari is a procedure intended to cure solely judicial inaccuracies,
never judicial inconsistencies of fact.
ISSUES
1. Regardless of whether or not the Ombudsman behaved with flagrant misuse of
authority or even without or even in violation of its authority.
2. Regardless of whether or whether the contested decision were entirely
misplaced on data, guesses, hypotheses, or supposition.

FINAL VERDICT: When it rejected the Resolution of September 18, 2000, the
Ombudsman was operating in line with Republic Act Number 6770 and
appropriately exercising its authority of management and direction over through
the OSP.

References:
● Salvador,T.(2017). Lazatin v. Desierto . Retrieved from:
https://www.scribd.com/document/358506881/Lazatin-v-Desierto-G-R-No-14709
7