18 Lazatin v. DesiertoFacts:

July 1998 - Fact-finding and Intelligence bureau of the OMB filed a complaintagainst Cong. Lazatin et al with Illegal Use of Public Funds (Art. 220) and violationsof Sec. 3, Pars. a and e of RA 3019It alleged that Cong. Lazatin had irregularities with the use of his CountrywideDevelopment Fund (CDF) for 1996He signed vouchers and supporting papers and received 18 cheques amounting toP4.8MWith the help of Morales, Pelayo and David, he converted his CDF to cashPreliminary investigation started and the Evaluation and Preliminary InvestigationBureau (EPIB) recommended filing against petitioners 14 counts of malversationand a violation of Sec. 3 (e) of RA 3019Resolution was approved by the OMB so the case was filed in the SandiganbayanPetitioners filed motions for reconsiderationSandiganbayan ordered the prosecution to re-evaluate the cases against thepetitionersOSP submitted to the OMB its resolutionIt recommended dismissal for lack or insufficiency of evidenceOMB ordered the Office of Legal Affairs (OLA) to review the resolution, OLArecommended to proceed to trialPetitioners allege GADALEJ, saying that the OMB has no authority to overturn theOSP’s resolution, they allege that the OMB only has the power to watch, investigateand recommend filing of cases and that they cannot prosecuteThe OSP being a distinct entity in the constitution, petitioners allege that OMB hasno power over it, they allege that RA 6770 is unconstitutional

Issues:

W.O.N. RA 6770 is unconstitutionalNo - it is not unconstitutional

The OMB is given functions or duties as may be provided by lawRA 6770 subsumes the OSP under the OMB, giving it the authority toprosecute

W.O.N. OMB turning over the resolution of the OSP is tantamount to GADALEJNo - certiorari cannot be used to examine and evaluate the evidence

There is not finding of GADALEJ, defined as:Grave abuse of discretion implies a capricious and whimsicalexercise of judgment tantamount to lack of jurisdiction. TheOmbudsman's exercise of power must have been done in anarbitrary or despotic manner which must be so patent and grossas to amount to an evasion of a positive duty or a virtual refusalto perform the duty enjoined or to act at allin contemplation oflaw

OMB was acting in accordance with RA 6770 and properly exercisedits power of control and supervision over the OSP when it disapprovedthe resolutionPetition is dismissed