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As a rule, it is the consistent and general policy of the Court not to interfere with the Ombudsman’s exercise of its investigatory and prosecutory powers. The rule is based not only upon respect for the investigatory and prosecutory powers granted by the Constitution to the Ombudsman but upon practicality as well. It is within the context of this well-entrenched policy that the Court proceeds to pass upon the validity of the preventive suspension order issued by the Ombudsman.25
While it is an established rule in administrative law that the courts of justice should respect the findings of
fact of said administrative agencies, the courts may not be bound by such findings of fact when there is absolutely no evidence in support thereof or such evidence is clearly, manifestly and patently insubstantial; and when there is a clear showing that the administrative agency acted arbitrarily or with grave abuse of discretion or in a capricious and whimsical manner, such that its action may amount to an excess or lack of jurisdiction.26 These exceptions exist in this case and compel the appellate court to review the findings of fact of the Ombudsman.
In the instant case, the subsequent lifting of the preventive suspension order against Capulong does not render the petition moot and academic. It does not preclude the courts from passing upon the validity of a preventive suspension order, it being a manifestation of its constitutionally mandated power and authority to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
The preventive suspension order is interlocutory in character and not a final order on the merits of the case. The aggrieved party may then seek redress from the courts through a petition for certiorari under Section 1,27 Rule 65 of the 1997 Rules of Court. While it is true that the primary relief prayed for by Capulong in his petition has already been voluntarily corrected by the Ombudsman by the issuance of the order lifting his preventive suspension, we must not lose sight of the fact that Capulong likewise prayed for other remedies. There being a finding of grave abuse of discretion on the part of the Ombudsman, it was certainly imperative for the CA to grant incidental reliefs, as sanctioned by Section 1 of Rule 65.
The decision of the appellate court to proceed with the merits of the case is included in Capulong’s prayer
for such "other reliefs as may be just and equitable under the premises." Such a prayer in the petition justifies the grant of a relief not otherwise specifically prayed for.28 More importantly, we have ruled that it is the allegations in the pleading which determine the nature of the action and the Court shall grant relief warranted by the allegations and proof even if no such relief is prayed for.29
Significantly, the power of adjudication, vested in the CA is not restricted to the specific relief claimed by the parties to the dispute, but may include in the order or decision any matter or determination which may be deemed necessary and expedient for the purpose of settling the dispute or preventing further disputes, provided said matter for determination has been established by competent evidence during the hearing. The CA is not bound by technical rules of procedure and evidence, to the end that all disputes and other
issues will be adjudicated in a just, expeditious and inexpensive proceeding.1âwphi1
The requisites for the Ombudsman to issue a preventive suspension order are clearly contained in Section 2430 of R.A. No. 6770.31 The rule is that whether the evidence of guilt is strong is left to the determination of the Ombudsman by taking into account the evidence before him. In the very words of Section 24, the Ombudsman may preventively suspend a public official pending investigation if "in his judgment" the evidence presented before him tends to show that the official’s guilt is strong and if the further requisites enumerated in Section 24 are present.32The Court, however, can substitute its own judgment for that of the Ombudsman on this matter, with a clear showing of grave abuse of discretion on the part of the Ombudsman.
Undoubtedly, in this case, the CA aptly ruled that the Ombudsman abused its discretion because it failed to sufficiently establish any basis to issue the order of preventive suspension. Capulong’s non-disclosure of his wife’s business interest does not constitute serious dishonesty or grave misconduct. Nothing in the records reveals that Capulong deliberately placed "N/A" in his SALN despite knowledge about his wife’s business interest. As explained by Capulong, the SEC already revoked the registration of the corporations where his wife was an incorporator; hence, he deemed it not necessary to indicate it in his SALN.
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