Professional Documents
Culture Documents
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 may be fixed by the Honorable Court, restraining the Honorable Sandiganbayan from
hearing and trying Criminal Cases Nos. 12159 to 12161, and 12163 to 12177 insofar as petitioner
Enrique A. Zaldivar is concerned and from hearing and resolving the special prosecutor's motion to
suspend (Annex J) and thereafter, final judgment be rendered:
(1) ordering that the amended informations in the above-mentioned crimininal cases be or issuing a writ
of mandamus commanding and ordering the respondent Sandiganbayan to do so and, in
consequence, prohibiting and restraining the respondent Sandigan-bayan from proceeding to hear and
try the abovementioned criminal cases or making the temporary preliminary injunction permanent;
(2) declaring the acts of respondent Gonzalez as "Tanodbayan-Ombudsman" after 2 February 1987
relating to these cases as anullity and without legal effect, particularly, the promulgation of Tanodbayan
resolution of 5 February 1987, the filing of the original informations on 3 March 1987 and the amended
ones on 4 June 1987, and the filing of the Motion for Suspension Pendente Lite.
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
replaced, for the fact is that he has never been the Ombudsman. The Office of the Ombudsman is a new creation
under Article XI of the Constitution different from the Office of the Tanodbayan created under PD 1607 although
concededly some of the powers of the two offices are Identical or similar. The Special Prosecutor cannot plead that
he has a right to hold over the position of Ombudsman as he has never held it in the first place.
WHEREFORE, We hereby:
(1) GRANT the consolidated petitions filed by petitioner Zaldivar and hereby NULLIFY the criminal
informations filed against him in the Sandiganbayan; and
(2) ORDER respondent Raul Gonzalez to cease and desist from conducting investigations and filing
criminal cases with the Sandiganbayan or otherwise exercising the powers and function of the
Ombudsman.
SO ORDERED.
Yap, C.J., Fernan, Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin and
Cortes, and Grio-Aquino, JJ., concur.
Separate Opinions