8/27/2019 Consti Persons Case Digest: Honasan v The Panel of Investigating Prosecutor of the Department of Justice

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Consti Persons Case

Digest: Honasan V The Our Bookshelf
Panel Of Investigating
Prosecutor Of The
Department Of Justice
Thinking, Fast and Slow
by Daniel Kahneman

Gregorio Honasan II petitioner vs.

The Panel of Investigating Prosecutors Blue Ocean Strategy: How to Create
Of the Department of Justice Uncontested Market Space and Make the
G.R.No. 159747 April 13,2004 Competition Irrelevant
by W. Chan Kim
Lessons Applicable: Rule on Interpretative
Regulations (persons), Powers of the Ombudsman
(consti), concurrent jurisdiction of the Ombudsman

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8/27/2019 Consti Persons Case Digest: Honasan v The Panel of Investigating Prosecutor of the Department of Justice

and the DOJ to conduct preliminary investigation

(consti) How to Talk to Anyone: 92 Little Tricks for
Big Success in Relationships
by Leil Lowndes
Law Applicable: Section 13, Article XI of the
Constitution, Art. 2 Civil Code

Facts:
· August 4, 2003: CIDG-PNP/P Director
Edguardo Matillano filed an affidavit-complaint The Presentation Secrets of Steve Jobs
with the Department of Justice (DOJ) which by Carmine Gallo
contains the following in part:
o July 27, 2003: crime of coup d’ etat was
committed by military personnel who
occupied Oakwood and Senator Gregorio
“Gringo” Honasan, II
The 7 Habits of Highly Effective People:
o On or about 11 p.m. June 4,2003: A meeting
Powerful Lessons in Personal Change
was held and presided by Senator Honasan by Stephen R. Covey
in a house located in San Juan, Metro
Manila
o Early morning of July 27, 2003: Capt. Gerardo
Gambala, in behalf of the military rebels
occupying Oakwood, made a public
statement aired on national television,
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stating their withdrawal of support to the
chain of command of the AFP and the
Government of President Gloria Macapagal
Arroyo. Willing to risk their lives to achieve
the National Recovery Agenda (NRA) of
Senator Honasan which they believe is the
only program that would solve the ills of
society.

· Sworn statement of AFP Major Perfecto Ragil

stated that:
o June 4, 2003 about 11 pm: Senator Gregorio
“Gringo” Honasan arrived with Capt. Turinga
to hold the NRP meeting where they
concluded the use of force, violence and
armed struggle to achieve the vision of NRP
where a junta will be constituted which will
run the new government. They had a blood
compact and that he only participated due to
the threat made by Senator Honasan when
he said “Kung kaya nating pumatay sa ating
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8/27/2019 Consti Persons Case Digest: Honasan v The Panel of Investigating Prosecutor of the Department of Justice

mga kalaban, kaya din nating pumatay sa

mga kasamahang magtataksil.”
o July 27, 2003: He saw on TV that Lieutenant
Antonio Trillanes, Captain Gerardo Gambala,
Captain Alejano and some others who were
present during the NRP meeting he
attended, having a press conference about
their occupation of the Oakwood Hotel. He
saw that the letter "I" on the arm bands and
the banner is the same letter "I" in the
banner is the same as their blood compact
wound.
· August 27, 2003: Senator Honasan appeared
with counsel at the DOJ to file a a Motion for
Clarification questioning DOJ's jurisdiction over
the case since the imputed acts were committed
in relation to his public office by a group of
public officials with Salary Grade 31 which
should be handled by the Office of the
Ombudsman and the Sandiganbayan
· Senator Honasan then filed a petition for
certiorari under Rule 65 of the Rules of Court
against the DOJ Panel and its members, CIDG-
PNP-P/Director Eduardo Matillano and
Ombudsman Simeon V. Marcelo, attributing
grave abuse of discretion on the part of the DOJ
Panel in issuing the aforequoted Order of
September 10, 2003 directing him to file his
respective counter-affidavits and controverting
evidence on the ground that the DOJ has no
jurisdiction to conduct the preliminary
investigation

Issues:
1. Whether in regards to Ombudsman-DOJ
Circular no. 95-001, the office of the Blog Archive
Ombudsman should deputize the prosecutors ► 2018 (1)
of the DOJ to conduct the preliminary ► 2017 (34)
investigation.
► 2016 (13)
2. Whether the Ombudsman-DOJ Joint Circular
► 2015 (25)
no. 95-001 is ineffective on the ground that it
► 2014 (15)
was not published
► 2013 (226)
3. Whether the Ombudsman has jurisdiction to
▼ 2012 (76)
conduct the preliminary investigation because
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8/27/2019 Consti Persons Case Digest: Honasan v The Panel of Investigating Prosecutor of the Department of Justice

the petitioner is a public officer with salary ► December (2)

grade 31 (Grade 27 or Higher) thereby falling ▼ November (16)
within the jurisdiction of the Sandigan Bayan. Persons Case Digest: Bellis vs Bellis
Persons Case Digest: Llorente vs CA
Persons Case Digest: Garcia – Recio
Held: Wherefore, the petition for certiorari is vs Recio
DISMISSED for lack of merit Jurisprudence: G.R. No. 138322
Persons Case Digest: Marcos v. Judge
1. No. Fernando Vil....
Ombudsman cases involving criminal offenses Jurisprudence: A.M. No. RTJ-07-2062
may be subdivided into two classes, to wit: (1) Persons Labor Case Digest: 2.
those cognizable by the Sandiganbayan, and (2) Gatbonton v. NLRC an...
those falling under the jurisdiction of the regular Jurisprudence: G.R. NO. 146779
courts. The difference between the two, aside Consti Persons Case Digest: Honasan
from the category of the courts wherein they are v The Panel of...
filed, is on the authority to investigate as Jurisprudence: G.R. No. 159747
distinguished from the authority to prosecute Criminal Law Case Digest: Calimutan
The power to investigate or conduct a v. People
preliminary investigation on any Ombudsman Jurisprudence: G.R. No. 152133
case may be exercised by an investigator or Criminal Law 1 Case Digest: People v.
prosecutor of the Office of the Ombudsman, or Look Chaw
by any Provincial or City Prosecutor or their Jurisprudence: G.R. No. L-5887
assistance, either in their regular capacities or Criminal Law 1 Case Digest: U.S. v. Ah
as deputized Ombudsman prosecutors. Sing
circular supports the view of the respondent Jurisprudence: G.R. No. L-13005
Ombudsman that it is just an internal agreement ► October (3)
between the Ombudsman and the DOJ
► September (1)
The Constitution, The Ombudsman Act of 1989,
► July (51)
Administrative order no. 8 of the office of the
► April (1)
Ombudsman. The prevailing jurisprudence and
► February (2)
under the Revised Rules on Criminal Procedure,
► 2011 (526)
All recognize and uphold the concurrent
jurisdiction of the Ombudsman and the DOJ to
conduct preliminary investigation on charges
filed against public officers and employees. My Blog List
The DOJ Panel need not be authorized nor
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deputized by the Ombudsman to conduct the Saltitude Dive & Beach Resort:
preliminary investigation for complaints filed with Saturday Brunchin' @ the Beach
(Anilao Batangas) - *Saltitude
it because the DOJ's authority to act as the Dive & Beach Resort *is the
principal law agency of the government and freshest *Anilao Batangas
investigate the commission of crimes under the *hangout. While you can wallow
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Revised Penal Code is derived from the Revised huts, there are also man...
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Natividad case13 as not being contrary to the Travel Tripsters

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8/27/2019 Consti Persons Case Digest: Honasan v The Panel of Investigating Prosecutor of the Department of Justice

Constitution. Thus, there is not even a need to Meaningful Travel's Poblacion

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delegate the conduct of the preliminary (Day Walking Tour) - A few years
investigation to an agency which has the back, I worked in a law firm
jurisdiction to do so in the first place. However, located in Poblacion, Makati City
so I assumed that I am quite
the Ombudsman may assert its primary acquainted with the place. I'm so
jurisdiction at any stage of the investigation. glad I joined M...
3 weeks ago
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· In the case of People vs. Que Po Lay, 94 Phil. have heard of Manila, you’d know
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640 (1954). The only circulars and regulations history, culture and street food.
which prescribe a penalty for its violation should Given the fact that many of these
dishes are...
be published before becoming effective.
1 month ago
· In the case of Taňada V. Tuvera, 146 Scra 453
Philippine Deals
(1986), The Honorable Court rules that: Best Ways To Track Your
o Interpretative regulations and those Ovulation - Arе you рlаnnіng to
gеt рrеgnаnt? If you dо, уоu hаvе
merely internal in nature, that is to lеаrn how tо track your
regulating only the personnel of the оvulаtіоn. Undеrѕtаndіng the
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need not be published. Neither is 1 year ago
publication required of the so called
letters of instructions issued by the
administrative superiors concerning the
rules on guidelines to be followed by
their subordinates in performance of their
duties.
OMB-DOJ Joint Circulars 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. It does not
regulate the conduct of persons or the public, in
general.

3. No. Whether or not the offense is within

exclusive jurisdiction or not will not resolve the
present petition so as not to pre-empt the result
of the investigation conducted by the DOJ Panel.

Labels: 2004, April 13, art. 2 civil code, Article

X, Case Digest, constitutional law, G.R.No. 159747,

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