G.R. No.

159747
Honasan II vs. The Panel of Investigators of the Department of Justice 

April 13, 2004
Rule 112 Preliminary investigation — Who may conduct determination of existence of
probable cause 


FACTS:
• The petitioner, Senator Gringo Honasan and other military personnel were charged
with the crime of coup d’etat before the Department of Justice (DOJ, for brevity).

• Subpoena was issued for preliminary investigation.

• Afterwards, the 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 (Ombudsman, for
brevity), not the DOJ, that has the jurisdiction to conduct the corresponding
preliminary investigation; that should the charge be filed in court, 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;
and praying that the proceedings be suspended until final resolution of his motion.

• Furthermore, Petitioner claims that it is the Ombudsman, not the DOJ, that has the
jurisdiction to conduct the preliminary investigation under paragraph (1), Section 13,
Article XI of the 1987 Constitution, which confers upon the Office of the
Ombudsman the power 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 omission appears to be illegal, unjust, improper, or inefficient.

ISSUE:
Whether or not the Ombudsman and not the DOJ has jurisdiction to conduct the
preliminary investigation.

HELD:
The court ruled that the Office of the Ombudsman and the DOJ have concurrent
jurisdiction to conduct preliminary investigation. According to (C) section 2, Rule 112 of
the Revised Rules on Criminal Procedure states “other officers as may be authorized by
law”, in this case, the Constitution, Section 15 of the Ombudsman Act of 1989 and
Section 4 of the Sandiganbayan Law, as amended, which specifically provides that the
Ombudsman has the authority to conduct preliminary investigation over cases
cognizable by the Sandiganbayan, and, in the exercise of power, it may take over, at
any stage, from any investigating agency of the government, the investigation of such
cases do not give to the Ombudsman exclusive jurisdiction to investigate offenses
committed by public officers or employees. The authority of the Ombudsman to
investigate offenses involving public officers or employees is concurrent with other
government investigating agencies such as provincial, city and state prosecutors.
However, the Ombudsman, in the exercise of its authority over cases cognizable by the
Sandiganbayan, may take over, at any stage, from any investigating agency of the
government, the investigation of such cases. In other words, respondent DOJ Panel is
not precluded from conducting any investigation of cases against public officers
involving violations of penal laws but if the cases fall under the exclusive jurisdiction of
the Sandiganbayan, then respondent Ombudsman may, in the exercise of its primary
jurisdiction take over at any stage.