Noblehas vs Salas, 67 SCRA 47 [1975]

Facts:
As a result of investigation of alleged "land grabbing" conducted by the Provincial Fiscal
of Rizal, several criminal cases were filed in the salad of the Court of First Instance of Rizal. In a
report, the Provincial Fiscal sought authority from the Secretary of Justice to prosecute
petitioner Antonio Noblehas in connection with said "land grabbing." But after petitioner
presented an affidavit explaining in detail his participation as Commissioner in the verification
and certification of the resurveys, the Fiscal sent a memorandum to the Secretary of Justice
exonerating petitioner. The Secretary of Justice approved the Fiscal’s recommendation. And so
petitioner was left out in all the "land grabbing" cases that reached the Court of First Instance of
Rizal. Later, after the former Provincial Fiscal had been appointed Judge of the Court of First
Instance of Rizal, the newly appointed Fiscal, without conducting a new preliminary investigation
and without prior notice to petitioner, amended the information in a criminal case involving a
supposed "land grabbing", by including the petitioner as co-defendant and striking out his name
in the list of prosecution witnesses. Petitioner’s motion to quash was denied by the trial court.

Issue:
Whether Fiscals may overrule resolutions of the secretary of justice exonerating an accused

Ruling:
No. Where the exculpatory memorandum of a Provincial Fiscal, finding that no criminal liability
may be attached to petitioner for any of the land grabbing cases being prosecuted by said fiscal,
was approved by the Secretary of Justice, the decision not to prosecute petitioner may be said
to be that of the Secretary already, not of the Provincial Fiscal; and therefore the successor of
the Provincial Fiscal would have neither the personality nor legal authority to review and
overrule said decision. Thus, he cannot subsequently prosecute petitioner for the alleged
offense in which the latter was exonerated, without first securing previous clearance from the
Secretary who exercises the power of supervision and control over fiscals.