Zaldivar vs. Sandiganbayan and Zaldivar vs. Hon.
Raul Gonzalez, claiming to be and acting
as Tanodbayan-Ombudsman under the 1987 ConstitutionNature: Petition
for certiorari, prohibition, and mandamus
to review the decision of theSandiganbayanFacts:
Enrique Zaldivar, governor of the province of Antique
Sought to restrain the Sandiganbayan and Tanodbayan Raul Gonzalez
From proceeding with the prosecution and hearing of criminal cases filed against him
On the ground that said cases were filed by the Tanodbayan.
The 1987 Consti provided that it is only the Ombudsman who has the authority to
filecases with the Sandiganbayan.Issue:
WON Tanodbayan had authority to file those cases for Sandiganbayan to prosecute and
hear.
Held: NO Ratio:1.Under the 1987 Consti, the Ombudsman (distinguished from
Tanodbayan) is charged with the duty to:
Section 13, par
1: Investigate on its own, or on complaint by any person, any act or omission
of any public officer, employee, office or agency, when such act or omission
appears to be illegal, unjust, improper, or inefficient.
2. The Tanodbayan of the 1973 Consti became the Office of the Special prosecutor
that shall continue to function and exercise it powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman
created under the Consti. (article 11, section 7)
3.
Thus, beginning on February 2, 1987, the authority to co
n d u c t p r e l i m i n a r y investigations and direct the filing of criminal
cases with the Sandiganbayan wasvested on the Ombudsman
4.The Tanodbayan is now the subordinate of the Sandiganbayan and it can
investigate and prosecute cases only upon the latters authority or orders .Office of the
Tanodbayan: created by PB 1607GRANTED; GONZALEZ ORDERED TO CEASE AND
DESIST FROM CONDUCTING INVESTIGATIONSAND FILING CRIMNIAL CASES
WITH THE SANDIGANBAYAN OR OTHERWISE EXERCISNG THE POWERS
AND
FUNCTIONS OF THE OMBUDSMAN Inting vs. Tanodbayan (1980 case)Nature: Petition fro
certiorari and prohibition with preliminary injunction and restraining orderFacts:
1.Inting filed complaints for perjury at the City Fiscal of Davaos office, against
AngelinaS. Salcedo (in latters personal data sheets, she indicated that she completed
the 1-year Secretarial Science course at USC in Cebu although she never
enrolled in, andneither did she complete the course) Salcedo is an appurtenant of the
judicial staff of the City Court of Davao2.City Fiscal of Davao thru Special Counsel
Rodrigo R. Duterte conducted preliminaryinvestigation.3.found prima facie case
for perjury and filed 3 separate counts of perjury under article 183 of
RPC4.Salcedo interposed appeal to the ministry of Justice.5.Ministry of
Justice forwarded records to Tanodbayan, pursuant to Section 10 (f) of
theP D N o .
1630, which vests on the
latter the
p o w e r t o f i l e a n d p r o s e c u t e o f f e n s e s committed by public officers and employees in
relation to their office.6.Tanodbayan Vicente Ericta reversed decision of City
Fiscal.7 . d i r e c t e d
city
fiscal
to move for
dismissal
of
t h e 3 c r i m i n a l c a s e s f o r p e r j u r y a g a i n s t Salcedo
Issue: WON Tanodbayan has jurisdiction and authority to review and nullify the
resolutions of the City Fiscal of DavaoHeld: YesRatio:
1. Tanodbayan has authority to file and prosecute Salcedos case even if it
does notinvolve graft and corrupt offices because it falls under
such other offenses
covered
bysection 10 (f) of PD 16302 . A c t o f
perjury
was in
relation to Salcedos office. Section 18
of PD
1 6 3 0 g i v e s Tanodbayan authority to conduct investigations and file case for such
occurrence.3.Tanodbayan therefore had authority to nullify and review
resolutions of the City Fiscalof Davao as the case involved the actions of
a government official related to his office.PETITION DISMISSED.Orap, Vicente vs.
Sandiganbayan represented by Justices Manuel Pamaran, Fernandez, andEscareal (1985
case)Nature: Petition for certiorari and prohibition to review the decision of the SandiganbayanFacts:
Tanodbayan Special Prosecutor Rodolfo Aquino
Charged Vicente Orap, presiding judge of the Municipal Court of Man
g a t a r e m , Pangasinan
With violation of Section 39e) of Rep Act 3019, otherwise known as the Anti-Graft
andCorrupt Practices Act
Juan Sison, then Chief Special prosecutor of the Tanodbayan approved information
andthe latter was docketed as Crim. Cases Nos. SB-020, 021, 022.
Clerk of Court, Melanio Fernandez was also charged.
Orap
contended
that
Tanodbayan
had no
power
to conduct preliminary
investigations,file infos, and prosecute criminal cases against judges and their
appurtenant judicialstaff.
Alleged crime of Orap: took sums of money from several persons in connection with the
caseof People vs. Pepito Iglesias, for reckless imprudence resulting in multiple
homicide, serious physical injuries and damage to property
I
s
s
u
e
H
e
l
d
/
R
a
t
i
o
WON Tanodbayan has authority to con
ductpreliminary investigation of the complaintNO.As Ombudsman, his investigatory powers
arelimited to complaints initiated against
officesand personnel of administrative agencies asdefined in Section 9(a) of PD
1607.W O N T a n o d b a y a n h a d a u t h o r i t y t o f i l e c o r r e s p o n d i n g i
n f o r m a t i o n b e f o r e t h e Sandiganbayan and prosecute the
same YES.A s p r o s e c u t o r , t h e a u t h o r i t y o f t h e T a n
o d b a y a n i s p l e n a r y a n d w i t h o u t exceptions.S e c t i o n 1 7 o f
PD 1607 empowers special
Powers of Tanodbayan: PD 1603Section 10 (a) he may investigate, on complaint
by any person or on his own motion or initiative, any administrative
actwhether amounting to any criminal offense or not of any administrative agency
including any GOCC.(f) he may file and prosecute civil and administrative cases
involving graft and corrupt practices and such other offensescommitted by
public officers and employees, including those in GOCC, in relation to
their office.prosecutors exclusive authority to conductp r e l i m i n a r y i n v e s
t i g a t i o n o f a l l c a s e s cognizable by the Sandiganbayan.Section 19 gave the
Office of the Chief SpecialProsecutor power to investigate employeesand officials
who act in a manner warrantingcriminal or disciplinary action
PETITION DISMISSED.Tanodbayan has jurisdiction to investigate and file
information.Sandiganbayan had jurisdiction to prosecute defined under section 4 of PD 1606.
Nixon:PRESIDENCYIn the White House, the contradictions in Nixon were most
obvious. He could be bold, yet alsocautious; effective, yet often inept. Working closely
with his national security advisor (later,secretary of state), Henry KISSINGER, he
forsook the anti-Communist policies that he
hads u p p o r t e d t h r o u g h o u t m o s t o f h i s c a r e e r i n f a v o r o f D E T E N
T E w i t h t h e U S S R a n d rapprochement with the Communist government of
China. In 1969 he began the StrategicArms Limitation Talks (SALT) with the Soviet
Union. In February 1972 he made a historic tripto Beijing--where he was received
by Mao Zedong--thus reversing the U.S. policy of notrecognizing the
Communist government. In 1973, after 4 years of waging war in Vietnam-including heavy bombing raids on North Vietnam (1972) and the invasion (1970) of Cambodia--the
administration managed to arrange a cease-fire that would last long enough to permit
U.S.withdrawal from the Indochinese war zone. After the Arab-Israel War in 1973, the
efforts of Henry Kissinger led to a cease-fire and troop disengagement in the Middle
East.Domestically, under the banner of "A New Federalism," Nixon attempted
to shift importantelements of governmental power and responsibility back to state and
local
governments. Hecut back and opposed federal welfare services, proposed anti
busing legislation, and usedwage-and-price controls to fight inflation. A
combination of domestic and international developments, notably the quintupling of
oil prices by the Organization of Petroleum ExportingCountries (OPEC) in 1973, led to the
economic recession of 1974-75.In 1972, Nixon swept to an overwhelming victory in
the presidential election against
hisDemocratic challenger Sen. George S. MCGOVERN--but, ironically, the
seeds of politicalcollapse had already been sown. During the campaign, a group of
burglars working for theCommittee to Re-elect the President broke into the
headquarters of the Democratic NationalCommittee at the Watergate officeapartment complex in Washington, D.C., apparently insearch of political
intelligence. Attempts by the White House to stop or frustrate the ensuinginvestigations
ultimately failed when Nixon's own White House tape recordings revealed thatthe
president and his assistants had engaged in an obstruction of justice.In the meantime he had
been forced to drop Vice-President Spiro T. AGNEW, who resigned inOctober 1973 after
he was charged with corruption that began during his tenure as BaltimoreCounty
executive. As the revelations of wrongdoing piled up, Nixon became preoccupied
withpreserving his presidency. He jettisoned top assistants in the White House and fired
SpecialProsecutor Archibald COX. After the Supreme Court, in a unanimous decision,
required that hesupply Cox's successor, Leon JAWORSKI, with
tape recordings of conversations with hisadvisors, the House Judiciary Committee
voted to recommend (July 27-30, 1974) approval bythe full House of three articles of
impeachment against the president. On Aug. 9, 1974, Nixonresigned his office and
was succeeded by Vice-President Gerald R. FORD, whom he hadselected
to replace Agnew. A month after Nixon's resignation, Ford pardoned him for
anycrimes he might have committed as president. Nixon accepted the pardon but
insisted that hismistakes had been personal and political, not crimina
