The Supreme Court ruled that the Department of Justice (DOJ) has the authority to conduct preliminary investigations on criminal charges against public officials, even when the Ombudsman also has jurisdiction. This decision clarifies that the DOJ’s power to investigate is concurrent with, not exclusive of, the Ombudsman’s. The ruling affirms that the DOJ can act as the principal law agency of the government in investigating crimes, ensuring that public officials are held accountable under the law, while also recognizing the Ombudsman’s power to take over cases involving the Sandiganbayan.

Honasan’s Challenge: Can the DOJ Investigate a Senator for Coup d’état?

In Gregorio B. Honasan II v. The Panel of Investigating Prosecutors, Senator Gregorio Honasan II questioned the DOJ’s authority to conduct a preliminary investigation into the charge of coup d’état against him. He argued that, as a public official with Salary Grade 31, only the Ombudsman had jurisdiction over such cases, especially those potentially falling under the Sandiganbayan’s purview. This challenge brought to the forefront the complex interplay between the DOJ’s and the Ombudsman’s investigative powers, particularly concerning offenses committed by high-ranking public officials. The Supreme Court, however, had to determine the extent and limits of these powers to ensure a harmonious balance in the justice system.

The legal basis for the DOJ’s authority lies in the 1987 Administrative Code, which designates the DOJ as the government’s legal counsel and prosecution arm. Specifically, Section 3, Chapter I, Title III, Book IV of this code grants the DOJ the power to investigate the commission of crimes and prosecute offenders. This is further reinforced by P.D. 1275, which establishes the National Prosecution Service under the Secretary of Justice, holding primary responsibility for investigating and prosecuting violations of penal laws. These statutory provisions formed a significant part of the foundation for the Supreme Court’s ruling.

Petitioner Honasan invoked paragraph (1), Section 13, Article XI of the 1987 Constitution, which empowers the Office of the Ombudsman to investigate any act or omission of any public official. However, the Court found that this constitutional provision does not exclude other government agencies from investigating and prosecuting cases involving public officials. To interpret it otherwise would contradict the intent of the framers, who, instead, included paragraph (8) of the same Section 13, allowing the Ombudsman to exercise other powers as provided by law. Therefore, both the DOJ and Ombudsman were deemed to have concurrent authority.

SEC. 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

1. 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.

Further supporting the concurrent authority of the DOJ is R.A. 6770, also known as “The Ombudsman Act of 1989.” Section 15 of the law explicitly states that while the Ombudsman has primary jurisdiction over cases cognizable by the Sandiganbayan, it does not have exclusive power over investigations. This allows the Ombudsman to take over cases from other investigatory agencies, affirming its authority without diminishing the established functions of the DOJ.

Moreover, in several landmark decisions, the Supreme Court has affirmed this concurrent authority. In Cojuangco, Jr. vs. Presidential Commission on Good Government, the Court clarified that the Ombudsman’s power to investigate is not exclusive. Similarly, in Sanchez vs. Demetriou, the Court reiterated that the Ombudsman’s authority is shared with other government agencies, such as the Department of Justice and the Presidential Commission on Good Government, demonstrating a clear judicial recognition of concurrent jurisdiction. Consequently, the DOJ Panel’s authority was rooted in statutory provisions and jurisprudence.

In summary, the Supreme Court found the DOJ Panel’s authority well-established. While the Ombudsman possesses primary jurisdiction over cases involving public officers, this jurisdiction does not exclude the DOJ from conducting its investigations. Should cases fall under the Sandiganbayan’s jurisdiction, the Ombudsman retains the power to take over the investigation at any stage. The harmonious collaboration between these bodies promotes thorough oversight and accountability in governance. For now, preliminary investigations by the DOJ of public officials, without it having to be deputized by the Ombudsman, has the blessing of the Supreme Court.

FAQs

What was the key issue in this case?	The central issue was whether the Department of Justice (DOJ) had jurisdiction to conduct a preliminary investigation against Senator Gregorio Honasan II for the crime of coup d’etat. The Senator argued that the Ombudsman, not the DOJ, should conduct the investigation because of his position and the nature of the charges.
What did the Supreme Court decide?	The Supreme Court ruled that the DOJ does have concurrent jurisdiction to conduct preliminary investigations against public officials, including Senator Honasan, even if the Ombudsman also has jurisdiction. This means that both the DOJ and the Ombudsman can investigate such cases.
What is concurrent jurisdiction?	Concurrent jurisdiction means that two or more different authorities or entities have the power to hear the same case. In this context, both the DOJ and the Ombudsman have the authority to investigate crimes committed by public officials.
Does this mean the Ombudsman has no power to investigate?	No, the Ombudsman retains the power to investigate. The Ombudsman has primary jurisdiction over cases cognizable by the Sandiganbayan and can take over any investigation at any stage.
What is the legal basis for the DOJ’s authority?	The DOJ’s authority comes from the 1987 Administrative Code, which designates the DOJ as the government’s legal counsel and prosecution arm, and P.D. 1275, which establishes the National Prosecution Service.
What was Senator Honasan’s argument?	Senator Honasan argued that as a high-ranking public official, his case fell exclusively under the jurisdiction of the Ombudsman, particularly since it could be tried by the Sandiganbayan.
What is OMB-DOJ Joint Circular No. 95-001?	OMB-DOJ Joint Circular No. 95-001 is an internal agreement between the Office of the Ombudsman and the DOJ, outlining authority and responsibilities for prosecutors in conducting preliminary investigations. The Supreme Court clarifies this does not limit inherent DOJ authority.
Is the DOJ required to be deputized by the Ombudsman to investigate public officials?	The Court stated that the DOJ need not be deputized by the Ombudsman to conduct the preliminary investigation for complaints filed with it because the DOJ’s authority to act as the principal law agency of the government is derived from the Revised Administrative Code and therefore inherent. However, the Ombudsman may assert its primary jurisdiction at any stage of the investigation.

This case underscores the balance of powers in the Philippine legal system regarding investigations of public officials. While the Ombudsman has primary jurisdiction over cases cognizable by the Sandiganbayan, the DOJ’s concurrent authority ensures thorough and comprehensive oversight, ultimately promoting greater accountability and integrity in public service.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Gregorio B. Honasan II v. The Panel of Investigating Prosecutors, G.R. No. 159747, April 13, 2004