GR No.

89483 August 30, 1990 Republic of the Philippines thru: the Presidential Commission on Good Government (PCGG), AFP-Anti Graft Board, Col. Ernesto A. Punsalang and Peter T. Tabang, petitioners, vs. Hon. Eutropio Migrino, as Presiding Judge, Regional Trial Court, NCJR, Branch 151, Pasig, Metro Manila and Troadio Tecson, respondents,

FACTS: AFP-Anti Graft Board under PCGG Chairman then Jovito Salonga order to investigate cases on alleged violations of the Anti-Graft & Corrupt Practices Act (RA 3019, as amended). On October 31, 1987, private respondent Ret. Lt. Col. Tecson was required by the Board to submit his explanation on the alleged acquisition of wealth beyond his lawful income and with supporting documents. Private respondent requested to the board and granted several postponement due to he was unable to produce his supporting evidence because his bookkeeper who was gone abroad. On June 30, 1988, the board submit a resolution to PCGG that the private respondent for the violation of RA3019 and RA1379 an Act for the Forfeiture of Unlawfully Acquired Property, but private respondent move to dismiss the case due to the following reasons: 1. That the PCGG has no jurisdiction. 2. That the RA1379 the prescription was inapplicable to his case. 3. That he was already retired in May 9, 1994. On February 8, 1989, PCGG deemed the motion to dismiss for lack of merit, and private respondent directed to submit his counter-affidavit on March 20, 1989. On March 143, 1989, private respondent filed a petition for prohibition with preliminary injunction with the RTC Pasig docketed as Civil Case No. 57092 under Judge Migrino. Petitioner files a motion to dismiss the application for the issuance of writ of preliminary injunction on the principal ground that the RTC has no jurisdiction over the board. Judge Migrino dismiss the motion. PCGG elevated the case to Supreme Court on August 29, 1989 the court issued a temporary restraining order from processing the civil case.

ISSUE: Whether or not Judge Migrino has no jurisdiction and interfere with the order of PCGG on the pending case filed against to respondent Tecson.

RULING: 1. The Civil Case No. 57092 is NULLIFIED and set aside. 2. Respondent Judge Migrino is ordered to DISMISS the case. 3. The temporary restraining order was made PERMANENT. 4. The PCGG is ENJOINED from proceeding the investigation and prosecution of the private respondent Tecson.