G.R. No. 175057; January 29, 2008
MA. ROSARIO SANTIS-CONCIO, ET AL., petitioners, vs. DEPARTMENT OF JUSTICE, ET AL., respondents.

FACTS

On February 4, 2006, a deadly stampede occurred at the Philsports Arena (Ultra) in Pasig City, where thousands had gathered for the anniversary episode of the ABS-CBN show “Wowowee.” The incident resulted in 71 deaths and hundreds injured. The Department of the Interior and Local Government (DILG) formed a fact-finding team, which submitted its report to the Department of Justice (DOJ). DOJ Secretary Raul Gonzalez constituted an Evaluating Panel via Department Order No. 90. This Panel, while concurring with the DILG report, found no sufficient basis to proceed with a preliminary investigation, citing the lack of a formal complaint and specific details on culpability. Subsequently, the National Bureau of Investigation-National Capital Region (NBI-NCR) submitted its own report recommending a preliminary investigation for Reckless Imprudence against the petitioners, who were executives and personnel of ABS-CBN. Acting on this, Gonzalez issued Department Order No. 165, creating an Investigating Panel of prosecutors to conduct the preliminary investigation. The Panel issued subpoenas to the petitioners.

ISSUE

The primary issue is whether the DOJ, through the Secretary of Justice, committed grave abuse of discretion in constituting the Investigating Panel and proceeding with the preliminary investigation despite the absence of a complaint filed directly by an offended party, a law enforcement agency, or other authorized officer.

RULING

The Supreme Court ruled that the DOJ did not commit grave abuse of discretion. The legal logic is anchored on the Secretary of Justice’s authority under the Revised Administrative Code to investigate the commission of crimes and designate prosecutors for such task. A preliminary investigation is not a judicial function but an executive one, intended to determine probable cause. The Court clarified that the initiation of a preliminary investigation is not exclusively dependent on a complaint strictly complying with the formal requirements under Rule 110 of the Rules of Court for filing in court. The authority to initiate can stem from an official investigation report from a law enforcement agency, such as the NBI, which is explicitly authorized to undertake investigations and file complaints. The NBI-NCR Report, recommending prosecution and submitted to the DOJ, constituted a sufficient basis for the Secretary to order a preliminary investigation. This process does not violate the petitioners’ rights, as any perceived defect in the initiation is merely formal and does not affect the court’s jurisdiction should an information later be filed. The Investigating Panel was properly constituted to ascertain the existence of probable cause, a discretionary executive function not subject to judicial correction absent a clear showing of grave abuse, which was not present.