Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Notarial Practice (AM 02-8-13-SC, as amended)

b. Powers and Limitations

The Ombudsman DOES NOT Have the Following Powers:

  • To prosecute before the SB any impeachable officers with any offense which carries with it the penalty of removal from office, or any penalty service of which would amount to removal from office because by constitutional mandate, they can only be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust
  • To prosecute public officers or employees who have committed election offenses.
  • To file an information for an offense cognizable by the regular courts.

Scope of Powers of the Commissioners

  • Accept evidence which may be introduced by either party;
  • After due notice to the parties to attend, examine the property sought to be expropriated and its surroundings and measure the same. However, the parties may consent to the contrary;
  • Assess the consequential damages to the property and deduct from such the consequential benefits to be derived by the owner from the public use or purpose of the property taken;
  • But in no case shall the consequential benefits assessed exceed the consequential damages assessed, or the owner be deprived of the actual value of his property so taken. (Id.)