517 Phil. 396
GARCIA, J.:
That sometime in or about 1997, or shortly prior or subsequent thereto, in Davao City, and within the jurisdiction of this Honorable Court, the accused, ERNESTO SALVADOR and GUILLERMO SALDAÑA, both low-ranking public employees, committing the offense while in performance of their official duties and taking advantage of their public position, conspiring, confederating and mutually aiding one another, did there and then, willfully, unlawfully and criminally, cause undue injury to the City Government of Davao thru evident bad faith in the performance of their official duties when accused Salvador made a cash advance in the amount of P1 million under the Legislative Research Program of the Sangguniang Panglungsod and in the liquidation of the same, they made it appear that they have paid said amount to the caterers who provided food and snacks during the seminars and trainings they have allegedly conducted for the youth in the different barangays in Davao City when in truth and in fact, no seminars and trainings of said nature were conducted, thereby causing damage and injury to the government in the said amount.On May 2, 2000, the Deputy Ombudsman for Mindanao endorsed the records of OMB-MIN-98-0200, including the Ladrera resolution and the draft Information, to the City Prosecutor of Davao.CONTRARY TO LAW.
In its Order[2] of July 20, 2000, however, the trial court denied the omnibus motion.
- For reconsideration and/or completion of Preliminary Investigation by the Ombudsman;
- Holding in abeyance the implementation of and/or recall the warrant of arrest; and
- To defer further proceedings.
Submitted for resolution without opposition is the MOTION TO QUASH filed by accused Ernesto Salvador, dated August 31, 2000,.... The motion is based on the ground that the Officer who filed the Information in this case had no authority to do so in light of the ruling of the Supreme Court in the case of George Uy v. Sandiganbayan, et al. (G.R. Nos. 105965-70) where it is held that –Apparently not yet aware of the trial court's aforementioned order of dismissal, the Office of the Ombudsman-Mindanao filed an Opposition [6] dated September 8, 2000, therein opposing and basically praying for the denial of Salvador's Motion to Quash on the argument that –"In this connection, it is the prosecutor, not the Ombudsman, who has the authority to file the corresponding information/s against petitioner in the regional trial court. The Ombudsman exercises prosecutorial powers only in cases cognizable by the Sandiganbayan."xxx xxx xxx
"The clear import of such pronouncement is to recognize the authority of the State and regular provincial and city prosecutors under the Department of Justice to have control over prosecution of cases falling within the jurisdiction of the regular courts. The investigation and prosecutorial powers of the Ombudsman relate to cases rightfully falling within the jurisdiction of the Sandiganbayan under Section 15 (1) of R.A. 6770 ("An Act Providing for the Functional and Structural Organization of the Office of the Ombudsman, and for other purposes") which vests upon the Ombudsman "primary jurisdiction over cases cognizable by the Sandiganbayan ..." And this is further buttressed by Section 11(4a) of R.A. 6770 which emphasizes that the Office of the Special Prosecutor shall have the power "to conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan." Thus, repeated references to the Sandiganbayan's jurisdiction clearly serve to limit the Ombudman's and Special Prosecutor's authority to cases cognizable by the Sandiganbayan."
Also, seemingly unaware, too, of the dismissal of the case, private respondent Saldaña filed his own Motion to Quash,[7] dated September 11, 2000, therein likewise citing George Uy.
- While it is true that the Supreme Court has ruled in the case of George Uy vs. Sandiganbayan, et. al., G.R. Nos. 105965-70, that "it is the prosecutor, not the Ombudsman, who has authority to file the corresponding information/s against petitioner in the Regional Trial Court" and "the Ombudsman exercises prosecutorial powers only in cases cognizable by the Sandiganbayan", it is equally true that said decision rendered on 09 August 1999 and followed by a Resolution dated 22 February 2000 has never been final and, therefore, premature as of this moment to consider the same as judicial precedent;
We find merit in the petition.
- HE TOOK COGNIZANCE OF PRIVATE RESPONDENT SALVADOR'S FATALLY DEFECTIVE MOTION TO QUASH AND CONSIDERED IT "SUBMITTED FOR RESOLUTION WITHOUT OPPOSITION";
- HE ADOPTED THE GEORGE UY RULING AND DISMISSED CRIMINAL CASE NO. 45, 505-2000 ON THE GROUND THAT THE OFFICER WHO FILED THE INFORMATION HAD NO AUTHORITY TO DO SO, THEREBY DISREGARDING THE FOLLOWING VITAL CONSIDERATIONS:
- THE JURISDICTION OF THE HONORABLE SANDIGANBAYAN IS NOT PARALLEL TO, OR TO BE EQUATED WITH, THE BROADER JURISDICTION OF THE OFFICE OF THE OMBUDSMAN;
- THE PHRASE "PRIMARY JURISDICTION OF THE OFFICE OF THE OMBUDSMAN OVER CASES COGNIZABLE BY THE SANDIGANBAYAN" IS NOT A DELIMITATION OF ITS JURISDICTION SOLELY TO SANDIGANBAYAN CASES; AND
- THE AUTHORITY OF THE OFFICE OF THE SPECIAL PROSECUTOR TO PROSECUTE CASES BEFORE THE SANDIGANBAYAN CANNOT BE CONFUSED WITH THE BROADER INVESTIGATORY AND PROSECUTORIAL POWERS OF THE OFFICE OF THE OMBUDSMAN; AND
- HE DISREGARDED THE PENDENCY OF PETITIONER'S MOTION FOR FURTHER CLARIFICATION IN THE GEORGE UY CASE BEFORE THIS HONORABLE COURT.
(T)he clear import of such pronouncement is to recognize the authority of the State and regular provincial and city prosecutors under the [DOJ] to have control over prosecution of cases falling within the jurisdiction of the regular courts. The investigation and prosecutorial powers of the Ombudsman relate to cases rightfully falling within the jurisdiction of the Sandiganbayan under Section 15 (1) of R.A. 6770 ... which vests upon the Ombudsman "primary jurisdiction over cases cognizable by the Sandiganbayan ..." And this is further buttressed by Section 11 (4a) of R.A. 6770 which emphasizes that the Office of the Special Prosecutor shall have the power to "conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan." Thus, repeated references to the Sandiganbayan's jurisdiction clearly serve to limit the Ombudman's and Special Prosecutor's authority to cases cognizable by the Sandiganbayan" (Word in bracket added; italization in the original)Subsequently, the Ombudsman interposed in George Uy a motion for further clarification.[13] Resolving the motion, the Court, this time speaking thru Associate Justice Reynato S. Puno, in a Resolution dated March 20, 2001,[14] nullified and set aside its pronouncement in its decision of August 9, 1999 and its resolution of February 20, 2000 in George Uy that the Ombudsman exercises prosecutorial powers only in cases cognizable by the Sandiganbayan, thus:
IN VIEW WHEREOF, the Court's ruling in its decision dated August 9, 1999 and its resolution dated February 20, 2000 that the Ombudsman exercises prosecutorial powers only in cases cognizable by the Sandiganbayan is SET ASIDE.This time, the Court categorically stated that: "the Ombudsman is clothed with authority to conduct preliminary investigation and to prosecute all criminal cases involving public officers and employees, not only those within the jurisdiction of the Sandiganbayan, but those within the jurisdiction of the regular courts as well." Elaborating on its nullificatory ruling, the Court, in its aforementioned Resolution of March 20, 2001, writes:SO ORDERED.
The authority of the Ombudsman to investigate and prosecute offenses committed by public officers and employees is founded in Section 15 and Section 11 of RA 6770. Section 15 vests the Ombudsman with the power to investigate and prosecute any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient, thus:"Sec 15. Powers, Functions and Duties.–The Office of the Ombudsman shall have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases;xxx xxx xxx"
Section 11 grants the Office of the Special Prosecutor, an organic component of the Office of the Ombudsman . . ., the power to conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan. It states:"Sec 11. Structural Organization. – xxxxxx xxx xxx
(4) The Office of the Special Prosecutor shall, under the supervision and control and upon authority of the Ombudsman, have the following powers:(a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan;xxx xxx xxx
The power to investigate and to prosecute granted by law to the Ombudsman is plenary and unqualified. It pertains to any act or omission of any public officer or employee when such act or omission appears to be illegal, unjust, improper or inefficient. The law does not make a distinction between cases cognizable by the Sandiganbayan and those cognizable by regular courts. It has been held that the clause "any illegal act or omission of any public official" is broad enough to embrace any crime committed by a public officer or employee.
The reference made by RA 6770 to cases cognizable by the Sandiganbayan, particularly in Section 15 (1) giving the Ombudsman primary jurisdiction over cases cognizable by the Sandiganbayan, and Section 11 (4) granting the Special Prosecutor the power to conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan, should not be construed as confining the scope of the investigatory and prosecutory power of the Ombudsman to such cases.
Section 15 of RA 6770 gives the Ombudsman primary jurisdiction over cases cognizable by the Sandiganbayan. The law defines such primary jurisdiction as authorizing the Ombudsman "to take over, at any stage, from any investigatory agency of the government, the investigation of such cases." The grant of this authority does not necessarily imply the exclusion from its jurisdiction of cases involving public officers and employees cognizable by other courts. xxx.
Moreover, the jurisdiction of the Office of the Ombudsman should not be equated with the limited authority of the Special Prosecutor under Section 11 of RA 6770 [whose] power to conduct preliminary investigation and to prosecute is limited to criminal cases within the jurisdiction of the Sandiganbayan. Certainly, the lawmakers did not intend to confine the investigatory and prosecutory power of the Ombudsman to these types of cases. The Ombudsman is mandated by law to act on all complaints against officers and employees of the government ....