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SUPREME COURT
Manila
EN BANC
G.R. Nos. 79690-707 April 27, 1988
ENRIQUE A. ZALDIVAR, petitioner,
vs.
THE HONORABLE SANDIGANBAYAN AND HONORABLE RAUL M. GONZALEZ,
CLAIMING TO BE AND ACTING AS TANODBAYAN-OMBUDSMAN UNDER THE
1987 CONSTITUTION, respondents.
G.R. No. L-80578 April 27, 1988
ENRIQUE A. ZALDIVAR, petitioner,
vs.
HON. RAUL M. GONZALEZ, claiming to be and acting as TanodbayanOmbudsman under the 1987 Constitution, respondent.
Francisco Carreon and Nestor C. Lumba for petitioner.
The Solicitor General for respondent.
PER CURIAM:
In G.R. Nos. 79690-707 "Petition for Certiorari, Prohibition, and mandamus under Rule
65," petitioner Enrique A. 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 Nos. 12159 to 12161 and 12163-12177 on
the ground thatsaid cases were filed by said Tanodbayan without legal and
constitutional authority, since under the 1987 Constitution which took effect on February
2, 1987, it is only the Ombudsman (not the present or incumbent Tanodbayan) who has
the authority to file cases with the Sandiganbayan. The complete prayer of the petition
reads:
WHEREFORE, it is respectfully prayed that pending the final disposition of
this petition or until further orders of the Honorable Court, a writ of
preliminary injunction issue upon the filing of a bond in such amount as
It is likewise prayed that the present petition be consolidated with G.R.LNos. 79690-79707.
After proper proceedings, it is prayed that final judgment be rendered
annulling the acts of respondent Gonzalez as "Tanodbayan- Ombudsman"
after 2 February 1987 relating to the investigation of complaints against
petitioner, particularly:
(1) Annulling, for absolute want of jurisdiction, the preliminary investigation
conducted, and the Resolution rendered, by respondent in TBP CASE NO.
87-01304;
(2) Prohibiting and restraining the respondent from filing any criminal
Information as a consequence of the void preliminary investigation he
conducted in TBP CASE NO. 87-01304, or annulling the criminal
Information in the said case which may, in the meantime, have already
been filed;
(3) Prohibiting and restraining the respondent from conducting preliminary
investigations in, and filing criminal informations for, such other
complaints/cases now pending or which may hereafter be filed against
petitioner with the Office of the respondent.
PETITIONER further prays for such other and further reliefs as may be
deemed proper in the proper with costs against the respondent.
Manila, Philippines, November 18,1987
(pp. 24-25, Rollo)
We issued the restraining orders prayed for.
After a study of the petitions, We have decided to give due course to the same; to
consider the comments of the Solicitor-General and of Tanodbayan Gonzalez as their
Answers thereto; and to forthwith decide the petitions.
We find the petitions impressed with merit.
Under the 1987 Constitution, the Ombudsman (as distinguished from theincumbent
Tanodbayan) is charged with the duty to:
Separate Opinions