Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
79690-707 1 of 3
PETITIONER prays for such other and further relief as may be deemed proper in the premises, with
costs against the respondents.
Manila, Philippines, September 9, 1987.
(pp. 45-47, Rollo)
In G.R. No. 80578, petitioner Enrique A. Zaldivar, on substantially the same ground as the first petition, prays that
Tanodbayan Gonzalez be restrained from conducting preliminary investigations and similar cases with the
Sandiganbayan. The prayer reads:
WHEREFORE, it is respectfully prayed that pending the final disposition of this petition or until
further orders of this Honorable court, a writ of preliminary injunction issue restraining the
respondent from further acting in TBP CASE NO. 87-01304 and, particularly, from filing the
criminal Information consequent thereof-, and 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.
It is likewise prayed that the present petition be consolidated with G.R.L-Nos. 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:
Investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or commission appears to be illegal, unjust, improper, or
Zaldivar v. Sandiganbayan G.R. Nos. 79690-707 3 of 3
Separate Opinions
SARMIENTO, J., concurring:
I maintain, however, consistent with my dissent in De Leon vs. Esguerra, G.R. No. 78059, that the 1987
Constitution took effect on February 11, 1987.