Practice question
An executive official uses a discretionary power for an admitted improper purpose. He argues that discretion alone places the act beyond the Ombudsman’s administrative complaint functions. Which provision answers him?
- Section 19(5) expressly includes discretionary powers exercised for an improper purpose
- Every discretionary act is automatically immune
- Section 19 applies only to mandatory duties
- Only criminal convictions may trigger an administrative inquiry
- Private approval cures every improper purpose
Legal references
- Republic Act No. 6770: https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html Sections 19, 20, 23 and 24.
- Carpio-Morales v. Court of Appeals, G.R. Nos. 217126-27, November 10, 2015, main opinion: https://lawphil.net/judjuris/juri2015/nov2015/gr_217126_2015.html Preventive suspension discussion.
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