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Uy vs.

Sandiganbayan
Facts:

- Before this court is the Motion for Further Clarification filed by Ombudsman Desert of the Courts ruling in
its 1999 and 2000 resolution, that the prosecutor power of the Ombudsman extends only to cases
cognizable by the Sandiganbayan and that the ombudsman has no authority to prosecute cases falling
within the jurisdiction of regular courts.

- Aug 1999: "In this connection, it is the prosecutor, not the Ombudsman, who has the authority to file the
corresponding information/s against petitioner in the regional trial court. The Ombudsman exercises
prosecutorial powers only in cases cognizable by the Sandiganbayan.

- Feb 2000: Ombudsman "primary jurisdiction over cases cognizable by the Sandiganbayan" Office of the
Special Prosecutor shall have the power to "conduct preliminary investigation and prosecute criminal
cases within the jurisdiction of the Sandiganbayan."

- Seeking clarification, the respondent raises the following points:


The jurisdiction of the Honorable Sandiganbayan is not parallel to or equated with the broader
jurisdiction of the Office of the Ombudsman

The phrase primary jurisdiction of the the Office of the Ombudsman over cases cognizable by the
Sandiganbayan is not a delimitation of its jurisdiction solely to Sandiganbayan cases;

The authority of the Office of the Special Prosecutor to prosecute cases before the Sandiganbayan
cannot be confused with the broader investigatory and prosecutorial powers of the Office of the
Ombudsman

- The matter that needs to be discussed herein is the scope of the power of the Ombudsman to conduct
preliminary investigation and the subsequent prosecution of criminal offenses in light of the provisions of
the Ombudsman Act.
COURT:

- We held that the Ombudsman is clothed with authority to conduct preliminary investigation and to
prosecute all criminal cases involving public officers and employees, not only those within the jurisdiction
of the Sandiganbayan, but those within the jurisdiction of the regular courts as well.

- Authority of the Ombudsman to investigate and prosecute offense committed by public officers and
employees in in Sec 15 and 11 of RA 6770.

- The power to investigate covers any act or commission of any public officer or employee when it appears
to be illegal, unjust, or inefficient. The law does not make a distinction between cases cognizable by the
Snadiganbayan and those cognizable by regular courts.

The description is broad enough to embrace any crime


- The reference that they have primary jurisdiction over cases of the Sandiganabyan is not an exhaustive
desctiption. It is not incompatible with the discharge of duty to prosecute other offenses committed by
public officer and employees

- The office of the Ombudsman should not be equated with the limited authority of the Special Prosecutor.
The latter is merely a component of the Office of the Ombudsman and only acts under its supervision. It is
limited to criminal cases within the jurisdiction of the Sandiganabyan. While the Ombudsman is mandated
by law to act on all complaints against officers and employees of the government and to enforce their
adminsitrative, civil, and criminal liable in every case where the evidence warrants

Law allows him to utilise the personnel of his office and designate any fiscal, state prosecutor, or lawyer
in the government service to act as special investigator or prosecutor to assist in the investigation and
prosecution of certain cases. (He can even direct the Special Prosecutor to do this)

AND HERE THE COURTS POSTS A SUPER LONG DISCUSSION ON THE HISTORY OF THE
OMBUDSMAN LAW (i have faith Chrissy will not ask about this, but if u want to read this then go ahead.
If you could make a summary too, then bless your heart! <3)

- Philippine Ombudsman departs from Classical Ombusmdan model whose function was merely to receive
and process the peoples complaints against corrupt officials. IT is the protector of the people armed with
power to prosecute other offenses as well.

Legislature vested it with broad powers


- Authority of the Ombudsman to prosecute cases involving public officers and employees before regular
courts does not conflict with regular prosecutors under DOJ. Rules of Court must be read in conjunction
with RA 6770, which charged Ombudsman with duty to investigate and prosecute all illegal acts and
commission of public officers and employees. (shared concurrent authority)
1999 and 2000 ruling SET ASIDE

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