G.R. No.

120422 September 27, 1995

CHIEF SUPT. ROMEO ACOP and SENIOR SUPT. FRANCISCO G. ZUBIA, petitioners,

vs.

THE OFFICE OF THE OMBUDSMAN and HON. MANUEL B. CASACLANG, in his capacity
as the Deputy Ombudsman for the Military, respondents.

G.R. No. 120428 September 27, 1995

P/CHIEF SUPT. PANFILO M. LACSON, P/CHIEF INSP. MICHAEL RAY B. AQUINO, P/SR.
INSP. BASILIO LUCERO, JR., P/SR. INSP. ROLANDO B. MENDOZA, P/INSP. GIL B.
LAGMAN, P/INSP. MANUEL BUKARNO B. ALVAREZ, and OTHER TASK FORCE HABAGAT
PERSONNEL CHARGED BEFORE THE OMBUDSMAN IN OMB-AFP-CRIM-95-0084,
petitioners,

vs.

BGEN. MANUEL B. CASACLANG, in his capacity as the Deputy Ombudsman for the
Military, P/CHIEF SUPT. JOB A. MAYO, JR., MYRNA ABALORA, NENITA G. ALAP-AP, and
IMELDA PANCHO MONTERO, respondents.

Facts:

On May 18, 1995, eleven suspected members of the notorious robbery gang,
"Kuratong Baleleng," were killed in an alleged shootout with composite teams of the
National Capital Regional Command (NCRC), Traffic Management Command (TMC),
Presidential Anti-Crime Commission (PACC), Central Police District Command (CPDC)
and Criminal Investigation Command (CIC).

SPO2 Eduardo de los Reyes of the Central Intelligence Command (CIC) then made
an expose', stating that there was no shootout and that the "Kuratong Baleleng"
members were victims of summary execution.
The Commission on Human Rights (CHR) received the complaint of the relatives of
the slain suspected gang members, accusing the PACC, NCRC, TMC, CIC and CPDC
of murder. Acting Ombudsman Villa directed public respondent Deputy Ombudsman
Casaclang to create a panel to monitor the investigations being conducted by the
Commission on Human Rights, the Senate Committee on Justice and Human Rights,
and the Philippine National Police (PNP) Director for Investigation regarding the
alleged shootout.

The panel recommended that a preliminary investigation be conducted against

petitioners and all the participating personnel listed in the After Operations Report
of the PNP. Casaclang then issued the order directing petitioner[s] and nine others
to submit their counter-affidavits and controverting evidence within ten days from
receipt thereof, which the petitioners failed to comply.

The petitioners instead filed a motion with Casaclang to suspend the preliminary
investigation against them pending resolution of the petition for certiorari filed with
the Supreme Court. Casaclang granted the motion, only to be reversed by Villa.
Villa then took over "the direct supervision and control of the preliminary
investigation". The petitioners challenged the take-over, asserting that neither the
Ombudsman nor his Deputy may conduct preliminary investigation.

Issue:

Whether or not the Ombudsman and Deputy Ombudsman are authorized to conduct
preliminary investigations

Ruling:

Yes. By express mandate of paragraph 8, Section 13, Article XI (accountability of

public officers) of the Constitution, among the functions of the Ombudsman are
those other powers, functions or duties as may be provided by law.

Through the passage of R.A. No. 6770, the Office of the Special Prosecutor was
made an organic component of the Office of the Ombudsman, while the
Ombudsman was granted the following powers, among others:
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 its
primary jurisdiction, it may take over, at any stage, from any investigatory agency
of Government, the investigation of such cases;

2. Delegate to the Deputies, or its investigators or representatives such authority

or duty as shall ensure the effective exercise or performance of the powers,
functions, and duties herein or hereinafter provided

xxx xxx xx

The petitioners have not proven any distinction between "the duty to investigate"
and "the power to conduct preliminary investigations"; neither have the petitioners
established that the power remains with the Tanodbayan, now the Special
Prosecutor.