Honasan vs.

The Panel of the Investigating Prosecutors of the Department of Justice

Facts:
An affidavit-complaint was filed before the DOJ by Mantillano charging Senator
Honasan and others for the offense of coup detat. Consequently Honasan questioned
the OMB-DOJ Circular which according to Honasan the source of the purported power
of the DOJ to conduct preliminary investigation,since there was no publication of the
said circular.
Issue: Whether or not there is a need of publication.
Held:
Petitioner's contention is not plausible.
In the case of People vs. Que Po Lay the court ruled that only circulars and
regulations which prescribe a penalty for its violation should be published before
becoming effective, this, on the general principle and theory that before the public is
bound by its contents, especially its penal provision, a law, regulation or circular must
first be published and the people officially and specifically informed of said contents and
its penalties: said precedent, to date, has not yet been modified or reversed. OMB-DOJ
Joint Circular No. 95-001 DOES NOT contain any penal provision or prescribe a
mandatory act or prohibit any, under pain or penalty.
In the case of Tanada v. Tuvera, 146 SCRA 453 (1986), the Honorable Court ruled that:
Interpretative regulations and those merely internal in nature, that is, regulating
only the personnel of the administrative agency and not the public, need not be
published. Neither is publication required of the so-called letters of instructions issued
by administrative superiors concerning the rules or guidelines to be followed by their
subordinates in the performance of their duties.OMB-DOJ Joint Circular No. 95-001 is
merely an internal circular between the DOJ and the Office of the Ombudsman,
outlining authority and responsibilities among prosecutors of the DOJ and of the Office
of the Ombudsman in the conduct of preliminary investigation. OMB-DOJ Joint Circular
No. 95-001 DOES NOT regulate the conduct of persons or the public, in general.
Accordingly, there is no merit to petitioner's submission that OMB-DOJ Joint Circular
No. 95-001 has to be published.
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