THE DETERMINATION OF PROBABLE CAUSE AGAINST THOSE IN PUBLIC OFFICE DURING A PRELIMINARY INVESTIGATION IS A FUNCTION THAT BELONGS TO THE OMBUDSMAN:

     The Ombudsman is vested with the sole power to investigate and prosecute, motu proprio or upon the complaint of any person, any act or omission which appears to be illegal, unjust, improper, or inefficient.  It has the discretion to determine whether a criminal case, given its attendant facts and circumstances, should be filed or not. (M.A. JIMENEZ ENTERPRISES, INC., VS. THE HONORABLE OMBUDSMAN, JESUS P.  CAMMAYO G.R. NO. 155307, JUNE 6, 2011, VILLARAMA, JR., J.).