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OSG not encroaching on Ombudsman and OSP’s powers in Garcia case

By Zaldy Lenon and Art B. Uy

Balita News Service – Manila Bureau

The OSG, in claiming its right to intervene in the case, said it is not trying to deprive the Ombudsman and the OSP of their investigative and prosecutorial powers over cases filed before the Sandiganbayan.

“The singular purpose of the OSG in its bid to intervene is to have the subject plea bargaining agreement invalidated because in its opinion, it is grossly prejudicial to the interest of the Republic of the Philippines and the Filipino people,” Cadiz noted.

“While the prosecutorial power of the Ombudsman and or the OSP includes the authority to enter into a plea bargain, the exercise of said power is not absolute. It is circumscribed by law,” he said.

In the Garcia case, Cadiz aid the OSG believes that the Ombudsman and or the OSP “has unduly trenched beyond the limits of said authority on a matter which greatly affects the welfare of the people; hence, the OSG has to intervene to show fealty to its legislated mandate as counsel for the Republic of the Philippines and Tribune of the Filipino people.”

The OSG said the Sandiganbayan said the PBA should be nullified which means voiding all other incidents arising from it particularly Garcia’s re-arraignment and the Resolution which allowed him to post bail.

The OSG’s motion for intervention is now considered as submitted for decision since all parties concerned have already been given their chance to comment or oppose each other’s arguments.

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