C009Tejano vs.

Ombudsman
,GR 159190, 30 June 2005; Second Division, Chico-Nazario [J]
FACTS:
On 08 November 1994, Aniano A. Desierto, then the Special Prosecutor, concurred inthe approval of his subordinates on the
filing of the proper information for violation of Section3(e) of Republic Act No. 3019 against petitioner Cayetano A. Tejano, Jr.,
Juana dela Cruz andVicente dela Cruz of V&G. Afterwards, the case was filed with the Sandiganbayan, petitioner filed with
the Sandiganbayan an Urgent Motion for a Period of Time to File Motion for Reinvestigation. Sandiganbayan granted
the motion for reinvestigation and ordered the Officeof the Special Prosecutor to conduct the reinvestigation. Upon
reinvestigation, convinced thatno probable cause existed to indict petitioner Tejano, and spouses Juana and Vicente delaCruz,
Special Prosecutor Micael, recommended the dismissal of the case. On 10 December 1999, Ombudsman Aniano A.
Desierto, who earlier participated in the initial preliminaryinvestigation as Special Prosecutor, disapproved the
recommendation for the dismissal of the
case with the marginal note
assign the case to another prosecutor to prosecute the case aggressively.

ISSUE:
WON THE OMBUDSMAN IS JUSTIFIED IN DISAPPROVEDING THERECOMMENDATION FOR THE DISMISSAL OF
THE CASE.
HELD.
NO. Due process dictates that one called upon to resolve a dispute may not review hisdecision on appeal. Having
participated in the initial preliminary investigation of the instant caseand having recommended the filing of an
appropriate information, it behooved OmbudsmanDesierto to recuse himself from participating in the review of the
same during thereinvestigation.