Uy vs Sandiganbayan GR No.

105965-70 March 20, 2001

Issue: Wether or not the prosecutory power of the Ombudsman has no authority to prosecute
cases falling within the jurisdiction of regular courts?

Held: No. The power to investigate and to prosecute granted by law to the Ombudsman us
plenary and unqualified. It has been held that the clause “any illegal act or omission of any
public officials” is broad enough to embrace all kinds of malfeasance, misfeasance, and non-
feasance committed by public officers and employees during their tenure of office.

malfeasance – bad and illegal acts, especially by a public official.

Misfeasance – An act that is legal but performed improperly.

Nonfeasance – omission to do a duty.

The court held in the case of Sanchez vs. Demetriou that the power of the Ombudsman under
Section 15 (1) of RA 6770 is not an exclusive authority but rather a shared or concurrent
authority in respect of the offense charged. Thus, Administrative Order No. 8 issued by the
Office of Ombudman provides: The prosecution of case cognizable by the Sandiganbayan shall
be under the direct exclusive control and supervision by the Office of the Ombudsman. The law
recognizes a concurrence of jurisdiction between the Office of the Ombudsman and other
investigate agencies of government in the prosecution of cases cognizable by regular courts.