People v Navarro

Sgt. Jose Sanchez filed a complaint for qualified theft directly with the RTC against minor
Carlos Barbosa
The PAO, as counsel for Barbosa, filed a Motion to Quash the Complaint on the ground that
Sgt. Sanchez is not authorized to file a complaint or information in Court
Judge Manio issued an order remanding the case for preliminary investigation and assigned
the adjudication thereof to Prosecutor Salvador Cajot
Before Pros. Cajot could conduct the required PI, Sgt. Sanchez filed a motion to withdraw
the complaint with the Prosecution Office
Pros. Cajot issued an order, approved by the provincial prosecutor, granting the motion to
withdraw the complaint and ordering the release of the accused from detention
o A copy of the order was furnished to the RTC
Judge Navarro ordered the Provincial Prosecutor and Prosecutor Cajot to explain why they
encroached on the jurisdiction of the court over the case
o Pros. Cajot asserted the jurisdiction of the prosecutors office in the conduct of PI and
that when the court ordered that the records of the case be remanded to the Office of the
Prosecutor to conduct the PI, the court divested itself of its control and jurisdiction over
the case
Judge Navarro set aside the order of Pros. Cajot and ordered Asst. Pros. Llaguno to
conduct the PI
o Pros. Llaguno filed a motion for reconsideration on the ground that any resolution she
may issue might run counter with the previous order of her superiors and thus render
office policies disorganized, procedures disorderly and chaotic, resulting to the
embarrassment of the administration of justice
Pros. Cajot filed a motion for reconsideration alleging that:
1. He didnt issue an order of dismissal, but an order granting the motion to withdraw, so
there is no more complaint to speak of before the court;
2. The prosecutor, in conducting the PI, has the exclusive power and authority to dismiss
the complaint immediately if he finds no grounds to continue with the inquiry, otherwise
he files the Information;
3. The finding/recommendation of the investigating prosecutor is subject to review only by
the provincial prosecutor and the action of the latter, by the Secretary of Justice;
4. When the court remanded the case to the Prosecution Office for the required PI, the
Court divested itself of its control and jurisdiction over the case; and
5. The filing of the information is within the discretionary authority of the fiscal
The motions for reconsideration were denied and the order to Pros. Llaguno to conduct a PI
was reiterated
The provincial prosecutor filed a motion to set aside the orders issued by Judge Navarro
stating that:
1. She has no authority to designate a particular prosecutor to handle the case
2. The court will be acting without or with grave abuse of discretion should it insist on
Prosecutor Llaguno to conduct the preliminary investigation
3. The record of said case be forwarded to the Provincial Prosecutions Office for it to
conduct the preliminary investigation
The court denied the motion on the grounds that:
o The case of Abugotal v Tiro which prohibits the courts from appointing a particular fiscal
to conduct the required preliminary investigation, is not in point as the said case refers to
reinvestigation while the instant case refers to preliminary investigation

The People of the Philippines, represented by the Sol Gen, filed this petition to seek the
annulment of Judge Navarros orders

W/N the TC committed grave abuse of discretion when it issued various orders
appointing and designating a particular prosecutor to conduct the preliminary
investigation YES
-

A PI is an executive, not a judicial, function, thus a prosecutor is primarily responsible for

ascertaining whether there is sufficient ground to engender a well-founded belief that an
offense has been committed and that the accused is probably guilty thereof
An RTC judge has no authority to conduct a preliminary investigation
o This means that he cannot directly order an assistant prosecutor, particularly over the
objections of the latters superiors, to conduct a preliminary investigation
o To allow him to do so is to authorize him to meddle in the executive and administrative
functions of the provincial or city prosecutor
o There is a hierarchy of officials in the prosecutory arm of the executive branch headed
by the Secretary of Justice and his team of prosecutors
o Mere suspicion or belief that the said officials will not adequately perform their official
duties is no reason for the judges interference in or disregard of such hierarchy
In setting aside the order of Prosecutor Cajot which granted the withdrawal of the complaint,
and subsequently ordering Prosecutor Llaguno to conduct the required preliminary
investigation, Judge Navarro clearly encroached on an executive function
In Abugotal v Tiro, it is said that the chief prosecutor has the right to designate the assistant
fiscal to conduct the investigation
o While it is true that an assistant fiscal or state prosecutor may file an information only in
a case in which he himself conducted the preliminary investigation, he may furthermore
do so only with the prior authority or approval of the city of provincial fiscal or chief state
prosecutor
o This show the degree of the chief prosecutor over his assistants
Where, however, the interest of justice so requires and the court orders a reinvestigation of
a criminal case pending before it, the court cannot at the same time choose the fiscal who
will conduct the reinvestigation.
This is a prerogative vested in the city fiscal as head of office, and certainly beyond the
powers of the court to do.
While the determination of probable cause for the issuance of a warrant of arrest pertains
exclusively to the judiciary, the preliminary investigation proper for resolving the question of
whether the offender should be held for trial is a function of the prosecutors
After a case has already been filed in court, the court acquires jurisdiction over it, so fiscals
as a rule are divested of the power to dismiss a criminal action without the consent of the
court.
o BUT, in this case, the RTC had not yet acquired jurisdiction over the complaint filed
directly before it by Sgt. Sanchez who was not a prosecutor.
o He also wasnt authorized by the Provincial Prosecutor to file such case directly with the
Court