GREGORIO B. HONASAN II vs.

THE PANEL OF INVESTIGATING PROSECUTORS OF THE DEPARTMENT OF JUSTICE

G.R. No. 159747
April 13, 2004

“Ombudsman has concurrent jurisdiction with the Department of Justice.”

Facts:
Senator Gringo Honasan was charged with the crime of coup d’etat before DOJ. , Capt. Gerardo Gambala, for and in
behalf of the military rebels occupying Oakwood, made a public statement aired on nation television, stating their withdrawal
of support to the chain of command of the AFP and the Government of President Gloria Macapagal Arroyo and they are
willing to risk their lives in order to achieve the National Recovery Agenda of Sen. Honasan, which they believe is the only
program that would solve the ills of society. Subpoena was issued for preliminary investigation.

Petitioner filed a Motion for Clarification questioning DOJ's jurisdiction over the case, asserting that since the imputed acts
were committed in relation to his public office, it is the Office of the Ombudsman, not the DOJ, that has the jurisdiction to
conduct the corresponding preliminary investigation; that should the charge be filed in court, it is the Sandiganbayan, not
the regular courts, that can legally take cognizance of the case considering that he belongs to the group of public officials
with Salary Grade 31.

He is directed to file a counter-affidavit, but instead Senator Gregorio B. Honasan II filed the herein 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 on the ground that the DOJ has no jurisdiction to conduct the preliminary investigation.

Honasan’s contention:
Ombudsman and not DOJ has the jurisdiction to conduct preliminary investigation over all public officials, including him as
he is a senator. Since, Honasan is charged with coup d’etat in relation to his office. As according the Article XI of the 1987
Constitution, it confers to the Ombudsman the power to investigate moto proprio, or by complaint of any person, any act or
omission that appears to be illegal, unjust, improper, or inefficient. Petitioner rationalizes that the 1987 Administrative Code
and the Ombudsman Act of 1989 cannot prevail over the Constitution.

DOJ’s contention:
DOJ has the jurisdiction to conduct preliminary investigation pursuant to the Revised Administrative Code. And Coup d’etat
is not directly related to his public office as a senator. Thus, the jurisdiction of the DOJ is a statutory grant and is not derived
from provisions of the joint circular.

Ombudsman;s contention:
DOJ has the jurisdiction because coup d’etat falls under the Sandiganbayan only if it’s committed in relation to office. Thus,
Joint Circulat need not be published because it is merely an internal arrangement between DOJ and Ombudsman and it
neither regulates nor penalizes conduct of persons.

Issue: Whether or not DOJ has jurisdiction to conduct preliminary investigation over the charge of coup d’etat against Senator
Gringo Honasan II.

Held: The Court finds the petition without merit.

The jurisdiction of DOJ is not derived from the Joint Circular, OMB-DOJ Circular No. 95-001 but on the provisions of the 1987
Administrative Code under Chapter I, Title III, Book IV, governing the DOJ. Sec. 1. As a principal law agency which shall be
both its legal counsel and prosecution arm; administer the criminal justice system in accordance with the accepted processes
thereof consisting in the investigation of the crimes, prosecution of offenders and administration of the correctional system;
and investigate the commission of crimes, prosecute offenders and administer the probation and correction system. Thus, in
Section 13(1), it does not exclude other government agencies tasked by law to investigate and prosecute public officials.
However, under Ombudsman Act of 1987, was enacted empowering Ombudsman with primary jurisdiction over cognizable
cases by Sandiganbayan. It may take over, at any stage, from any investigatory agency of the government. Moreover,
Ombudsman recognizes its concurrent jurisdiction with other investigative body of the government.

Petitioner insists that the Ombudsman has jurisdiction to conduct the preliminary investigation because petitioner is a public
officer with salary Grade 31 so that the case against him falls exclusively within the jurisdiction of the Sandiganbayan.
Considering the Court's finding that the DOJ has concurrent jurisdiction to investigate charges against public officers, the fact
that petitioner holds a Salary Grade 31 position does not by itself remove from the DOJ Panel the authority to investigate the
charge of coup d'etat against him.