Zaldivar vs Sandiganbayan Case Digest

G.R. Nos. 79690-707, April 27, 1988

FACTS:

Petitioner Enrique A. Zaldivar, governor of the province of Antique, filed a petition for certiorari, prohibition and
mandamus under Rule 65 before the Supreme Court, seeking to restrain the Sandiganbayan and Tanodbayan Raul
Gonzalez from proceeding with the prosecution and hearing of criminal cases against him on the ground that said 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. Petitioner also prayed that Tanodbayan Gonzalez be restrained from conducting
preliminary investigations with the Sandiganbayan.

ISSUE:
Does the Tanodbayan (Special Prosecutor) have the authority to conduct preliminary investigations and to direct the
filing of criminal cases with the Sandiganbayan?

HELD:
No. Under the 1987 Constitution, the Ombudsman (as distinguished from the incumbent Tanodbayan) is charged with
the duty to:
Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or
agency, when such act or commission appears to be illegal, unjust, improper, or inefficient (Sec. 13, par. 1)
The Constitution likewise provides that:
The existing Tanodbayan shall hereafter be known as the office of the Special Prosecutor. It shall continue to function and
exercise its powers as now or hereafter may be provided by law, contempt except those conferred on the office of the
Ombudsman created under this Constitution. (Art. XI, Section 7).
Now then, inasmuch as the aforementioned duty is given to the Ombudsman, the incumbent Tanodbayan (caged Special
Prosecutor under the 1987 constitution and who is supposed to retain powers and duties NOT GIVEN to the
Ombudsman) is clearly without authority to conduct preliminary investigations and to direct the filing of criminal cases
with the Sandiganbayan, except upon orders of the Ombudsman. This right to do so was lost effective February 2, 1987.
From that time, he has been divested of such authority.
Under the present Constitution, the Special Prosecutor (Raul Gonzalez) is a mere subordinate of the Tanodbayan
Ombudsman) and can investigate and prosecute cases only upon the latter’s authority or orders. The Special Prosecutor
cannot initiate the prosecution of cases but can only conduct the same if instructed to do so by the Ombudsman. Even
his original power to issue subpoena, which he still claims under Section 10(d) of PD 1630, is now deemed transferred to
the Ombudsman, who may, however, retain it in the Spedal Prosecutor in connection with the cases he is ordered to
investigate.
It is not correct either to suppose that the Special Prosecutor remains the Ombudsman as long as he has not been
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. (Zaldivar vs. Sandiganbayan,
G.R. Nos. 79690-707, April 27, 1988).