Basuego v Ombudsman

G.R. No. 196842, 9 October 2013

Facts:

Busuego filed a complaint for: Concubinage before the Office of the Ombudsman
against her husband, Alfredo, with designation Chief of Hospital, Davao Regional Hospital. In
October 2005, Rosa finally learned of Alfredo’s extra-marital relationships. Robert, who was
already living in Davao City, called Rosa to complain of Alfredo’s illicit affairs and shabby
treatment of him. Alfredo, in his counter-affidavit, denied all accusations against him, alleging
grave abuse of discretion in the Ombudsman’s finding of probable cause to indict him and Sia
for Concubinage.

Issues: WON the ombudsman committed grave abuse

Held: The Ombudsman has full discretionary authority in the determination of probable cause
during a preliminary investigation. This is the reason why judicial review of the resolution of the
Ombudsman in the exercise of its power and duty to investigate and prosecute felonies and/or
offenses of public officers is limited to a determination of whether there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction. Courts are not empowered to substitute
their judgment for that of the Ombudsman.