G.R. Nos.

212140-41 January 21, 2015

SENATOR JINGGOY EJERCITO ESTRADA, Petitioner,

vs.
OFFICE OF THE OMBUDSMAN, FIELD INVESTIGATION OFFICE, Office of the Ombudsman,
NATIONAL BUREAU OF INVESTIGATION and ATTY. LEVITO D. BALIGOD, Respondents.

Facts:

In a preliminary investigation, the accused does not have the right to cross-examine the complainant's
witnesses.

Section 3, Rule 112 of the Rules of Court provides that the respondent can only submit a
counter-affidavit, review the evidence presented by the complainant, and, if the fiscal arranges
a hearing for clarification, be present without the right to cross-examine.

- The Ombudsman filed complaints against Senator Estrada, alleging Plunder under RA No. 7080
and a violation of Section 3e of RA No. 3019 (Anti-Graft and Corrupt Practices Act).
- Senator Estrada submitted counter-affidavits and requested to be furnished copies of counter-
affidavits of his co-respondents as well, citing his right to access evidence under the Rules of
Court and the Rules of Procedure of the Office of the Ombudsman.
- The Ombudsman, in response, stated that Senator Estrada was entitled to receive the
complaint and supporting documents but not all filings by other parties. Thus, the Ombudsman
issued an order denying Senator Estrada's request for copies of all filings by other parties and
subsequently issued a Joint Resolution finding probable cause against Senator Estrada and his
co-respondents.
- Senator Estrada filed a Petition for Certiorari to annul and set aside order claiming that he was
denied due process and therefore the complaint against him and subsequent proceedings were
void.

Issue/s:

1. Whether Senator Estrada was denied due process of law during the preliminary investigation
rendering the orders and proceedings in question void.

Ruling:

1. No.

The rules governing preliminary investigations specify the procedures and rights involved but
these do not mention providing copies of co-respondents' affidavits.

In preliminary investigations, the respondent shall only have the right to submit a counter-
affidavit, to examine/review evidence submitted by the complainant and be present during any
clarificatory hearings. However, the respondent does not have the right to cross-examine
witnesses during this stage of the proceedings and that the law only required the respondents
to provide counter-affidavits to the complainant and not provide copies to each other.
In summary, the denial of Senator Estrada's request for co-respondents' affidavits during the
preliminary investigation did not violate his due process rights, as there's no legal requirement
to provide such documents at this stage of the proceedings.