Judge Rod Reyes was appointed by former President Fidel Ramos as Deputy Ombudsman for the Visayas for a term of 7 years commencing on July 5, 1995. Six months thereafter, a lady stenographer filed with the Office of the Ombudsman a complaint for acts of lasciviousness and with the Supreme Court a petition for disbarment against him. Forthwith, he filed separate motions to dismiss the complaint for acts of lasciviousness and petition for disbarment, claiming lack of jurisdiction over his person and office.
Are both motions meritorious? 5%
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1 comment:
XII.
Both motions are without merit. The Office of the Ombudsman has jurisdiction over the complaint for acts of lasciviousness filed against the judge. The power of the Ombudsman to investigate is very broad; he can investigate any illegal act or omission of any public official even if the offense committed by the official is not related to the performance of his functions.
The Supreme Court has jurisdiction over the petition for disbarment filed against the judge. The power to regulate practice of law, which necessarily covers disbarment proceedings, is vested to the Supreme Court by the Constitution.
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