G.R. Nos. 105965-70; March 20, 2001
George Uy, petitioner, vs. The Hon. Sandiganbayan, The Hon. Ombudsman and The Hon. Roger C. Berbano, Sr., Special Prosecution Officer III, Office of the Special Prosecutor, respondents.

FACTS

This case originated from a motion for clarification filed by the Ombudsman regarding the Court’s prior rulings in the same case. In a decision dated August 9, 1999, and a subsequent resolution on February 22, 2000, the Supreme Court had stated that the prosecutory power of the Ombudsman extended only to cases cognizable by the Sandiganbayan. The Court further ruled that the Ombudsman lacked authority to prosecute cases falling within the jurisdiction of regular courts, which power was held to reside with prosecutors under the Department of Justice. These pronouncements were based on interpretations of Sections 15(1) and 11(4a) of Republic Act No. 6770 (The Ombudsman Act of 1989).
The Ombudsman sought clarification, arguing that the Court’s prior interpretation was too restrictive. He contended that the jurisdiction of the Office of the Ombudsman was broader than and not equated with the jurisdiction of the Sandiganbayan. He emphasized that the grant of “primary jurisdiction over cases cognizable by the Sandiganbayan” was not a delimitation of its powers solely to such cases, and that the specific authority of the Office of the Special Prosecutor to handle Sandiganbayan cases should not be confused with the Ombudsman’s broader constitutional and statutory mandate.

ISSUE

Whether the Office of the Ombudsman has the authority to conduct preliminary investigations and prosecute criminal cases involving public officers and employees that fall within the jurisdiction of regular courts, and not only those cognizable by the Sandiganbayan.

RULING

Yes. The Supreme Court clarified and reversed its earlier pronouncements, holding that the Ombudsman is vested with authority to conduct preliminary investigation and prosecute all criminal cases involving public officers and employees. This power encompasses cases within the jurisdiction of both the Sandiganbayan and the regular courts. The legal foundation is found in Section 15 of R.A. 6770, which grants the Ombudsman the power to “investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee… when such act or omission appears to be illegal, unjust, improper or inefficient.” This grant of power is plenary and unqualified.
The Court explained that the clause “any illegal act or omission” is broad enough to cover any crime committed by a public official. The references to the Sandiganbayan in Sections 15(1) and 11(4) of R.A. 6770, particularly the grant of “primary jurisdiction” over Sandiganbayan cases and the Special Prosecutor’s mandate for such cases, should not be construed as a limitation. Instead, the “primary jurisdiction” clause is a special grant that allows the Ombudsman to take over investigations from other agencies specifically for cases destined for the Sandiganbayan. It does not subtract from the Ombudsman’s general investigatory and prosecutory powers over all offenses committed by public officers. Therefore, the Ombudsman retains concurrent authority with other prosecutorial agencies over cases for regular courts, ensuring it can fulfill its constitutional role as a protector of the people against official misconduct.