Gloria G. Lastimosa is First Assistant Provincial Prosecutor of Cebu. Because she and the Provincial Prosecutor refused, or at any rate failed, to file a criminal charge against a municipal mayor as ordered by the Ombudsman, an administrative complaint for grave misconduct, insubordination, gross neglect of duty and maliciously refraining from prosecuting crime was filed against her and the Provincial Prosecutor and a charge for indirect contempt was brought against them, both in the Office of the Ombudsman.
Which of the following is true? (a) the Ombudsman cannot suspend her as she is under the Secretary of Justice (b) she cannot be compelled to file a criminal case since she is convinced that there is no probable cause (c) she can be placed under preventive suspension by the Ombudsman (d) Office of the Ombudsman has no jurisdiction over the case against the mayor because the crime involved (rape) was not committed in relation to a public office. For this reason it is argued that the Office of the Ombudsman has no authority to place her and Provincial Prosecutor Kintanar under preventive suspension for refusing to follow his orders and to cite them for indirect contempt for such refusal (e) The Prosecutor can be designated or deputized to assist the Ombudsman and shall then be under his supervision and control.