G.R. No. L-21068 November 29, 1963
NARCISO D. SALCEDO, petitioner, vs. HON. JUAN R. LIWAG, ET AL., respondents.

FACTS

Petitioner Narciso D. Salcedo, the 2nd Assistant Provincial Fiscal of Sulu, investigated an incident involving Sgt. Andres A. Lopez of the Philippine Constabulary, who was allegedly arrested, handcuffed, and manhandled. Finding sufficient evidence, and with the approval of his chief, Fiscal Martin A. Paulete, Salcedo filed three criminal informations before the Justice of the Peace Court of Jolo against Lt. Romeo M. Reciña and others for assault upon an agent of a person in authority, less serious physical injuries, and arbitrary detention. The trial faced numerous postponements granted to the accused over the prosecution’s objections. Subsequently, accused Reciña wrote to the Chief Prosecutor requesting Salcedo’s replacement due to his “over enthusiasm and unusual interest.” The Secretary of Justice, Juan R. Liwag, and Chief Prosecutor Agapito Conchu then issued orders instructing Salcedo to turn over the cases to another fiscal. Salcedo refused, arguing he had no legal disqualification and that the motive for his relief was to have the cases quashed or transferred to military jurisdiction, a move supported by political pressure from local and national officials.

ISSUE

Whether the Secretary of Justice, through his power of general supervision and control, can validly relieve a provincial fiscal from prosecuting specific criminal cases he had investigated and filed, over the fiscal’s objection and absent any legal disqualification.

RULING

The Supreme Court granted the petition and prohibited the respondents from relieving Fiscal Salcedo. The Court held that while the Secretary of Justice has general supervision and control over provincial fiscals under the Revised Administrative Code, this authority is administrative in nature and cannot encroach upon the fiscal’s prosecutorial discretion and duty in cases he has personally investigated and instituted. The fiscal who conducts the preliminary investigation and files the case is in the best position to prosecute it to its termination, assuming full responsibility for its success or failure. The attempt to relieve Salcedo was not motivated by sound administration of justice but by an apparent desire to quash the cases or transfer them to military authorities, as evidenced by political pressure from various officials. The Court emphasized that to allow such relief under these circumstances would undermine the fiscal’s independence and the integrity of the prosecutorial function. Therefore, Salcedo, suffering no legal disqualification, had the right to continue handling the prosecution.