PHILIPPINE SUPREME COURT JURISPRUDENCE

G.R. No. Nos. 79690-707 October 7, 1988

G.R. No. 80578 October 7, 1988

ENRIQUE A. ZALDIVAR, petitioner, vs. HON. RAUL M. GONZALEZ, claiming to be and acting as Tanodbayan-Ombudsman ombudsman under the 1987 Constitution, respondent.

The following are the subjects of this Resolution:

1) a Motion, dated 9 February 1988, to Cite in Contempt filed by petitioner Enrique A. Zaldivar against public respondent Special Prosecutor (formerly Tanodbayan) Raul M. Gonzalez, in connection with G.R. Nos. 79690-707 and G.R. No. 80578. and 2) a Resolution of this Court dated 2 May 1988 requiring respondent Hon. Raul Gonzalez to show cause why he should not be punished for contempt and/or subjected to administrative sanctions for making certain public statements.

I

The pertinent facts are as follows:

Petitioner Zaldivar is one of several defendants in Criminal Cases Nos.
12159-12161 and 12163-12177 (for violation of the Anti-Graft and Corrupt Practices Act) pending before the Sandiganbayan. The Office of the Tanodbayan conducted the preliminary investigation and filed the criminal informations in those cases (originally TBP Case No. 86-00778).chanrobles virtual law library

On 10 September 1987, petitioner filed with this Court a Petition for Certiorari, Prohibition and mandamus (G.R. Nos. 79690-707) naming as respondents both the Sandiganbayan and Hon. Raul M. Gonzalez. Among other things, petitioner assailed: (1) the 5 February 1987 Resolution ¹ of the "Tanodbayan" recommending the filing of criminal informations against petitioner Zaldivar and his co-accused in TBP Case No. 86-00778; and (2) the 1 September 1987 Resolution ² of the Sandiganbayan in Criminal Cases Nos. 12159-12161 and 1216312177 denying his Motion to Quash the criminal informations filed in those cases by the "Tanodbayan." In this respect, petitioner alleged that respondent Gonzalez, as Tanodbayan and under the provisions of the 1987 Constitution, was no longer vested with power and authority independently to investigate and to institute criminal cases for graft and corruption against public officials and employees, and hence that the informations filed in Criminal Cases Nos. 12159-12161 and 12163-12177 were all null and void.chanrobles virtual law library

On 11 September 1987, this Court issued a Resolution, which read:

G.R. Nos. 79690-707 (Enrique A. Zaldivar vs. The Honorable Sandiganbayan and Honorable Raul M. Gonzalez, Claiming To Be and Acting as Tanodbayan-Ombudsman under the 1987 Constitution ).-Acting on the special civil action for certiorari, prohibition and mandamus under Rule 65 of the Rules of Court, with urgent motion for preliminary elimination injunction, the Court Resolved, without giving due course to the petition, to require the respondents to COMMENT thereon, within ten (10) days from notice.chanrobles virtual law library

The Court further Resolved to ISSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, ordering respondent Sandiganbayan to CEASE and DESIST from hearing and trying Criminal Cases Nos. 12159 to 12161 and 12163 to 12177 insofar as petitioner Enrique Zaldivar is concerned and from hearing and resolving the Special Prosecutor's motion to suspend dated September 3, 1987.

The parties later filed their respective pleadings.chanrobles virtual law library

Petitioner Zaldivar filed with this Court a second Petition for certiorari and Prohibition (G.R. No. 80578) on 19 November 1987, initially naming only Hon. Raul M. Gonzalez as respondent. That Petition assailed the 24 September 1987 Resolution ³ of the "Tanodbayan" in TBP Case No. 87- 01304 recommending that additional criminal charges for graft and corruption be filed against petitioner Zaldivar and five (5) other individuals. Once again, petitioner raised the argument of the Tanodbayan's lack of authority under the 1987 Constitution to file such criminal cases and to investigate the same. Petitioner also moved for the consolidation of that petition with G.R. No. 79690-707.chanrobles virtual law library

In a Resolution dated 24 November 1987, ⁴ this Court, without giving due course to the second petition: (1) required respondent Gonzalez to submit a comment thereon: and (2) issued a temporary restraining order "ordering respondent Hon. Raul M. Gonzalez to CEASE and DESIST from further acting in TBP Case No. 87-01394 ... and particularly, from filing the criminal information consequent thereof and from conducting preliminary investigation therein." In a separate resolution of the same date, ⁵ G.R. Nos. 79690-707 and G.R. No. 80578 were ordered consolidated by the Court.chanrobles virtual law library

In the meantime, however, on 20 November 1987 or four (4) days prior to issuance by this Court of a temporary restraining order in G.R. No. 80578, the Office of the Tanodbayan instituted Criminal Case No. 12570 ⁶ with the Sandiganbayan which issued on 23 November 1987 an Order of Arrest ⁷ for petitioner Zaldivar and his co-accused in Criminal Case No. 12570. Upon Motion ⁸ of petitioner Zaldivar, this Court issued the following Resolution on 8 December 1987:

G.R. No. 80578 (Enrique A. Zaldivar vs. Hon. Raul M. Gonzalez and Sandiganbayan). The motion filed by the Solicitor General for respondents for an extension of thirty (30) days from the expiration of the original period within which to file comment on the petition for certiorari and prohibition with prayer for a writ of preliminary injunction or restraining order is GRANTED.chanrobles virtual law library

Acting on the manifestation with motion to treat the Sandiganbayan as party-respondent, the Court Resolved to (a) Consider IMPLEADED the Sandiganbayan as party respondent; and (b) In pursuance of and supplementing the Temporary Restraining Order of November 24, 1987 "ordering respondent Hon. Raul M. Gonzalez to CEASE and DESIST from further acting in TBP Case No. 87-01304 entitled, "Commission on Audit vs. Gov. Enrique Zaldivar, et al." and particularly, from filing the criminal information consequent thereof and from conducting preliminary investigation therein" ISSUE a TEMPORARY RESTRAINING ORDER effective immediately and continuing until further orders from this Court, ordering respondents Hon. Raul M. Gonzalez and Sandiganbayan to CEASE and DESIST from further acting in Criminal Case No. 12570, entitled, "People of the Philippines vs. Enrique M. Zaldivar, et al." and from enforcing the order of arrest issued by the Sandiganbayan in said case.

The Solicitor General filed a Comment ⁹ on the petition in G.R. No. 80578, and we required the petitioner to submit a Reply ¹⁰ thereto.chanrobles virtual law library

On 9 February 1988, petitioner Zaldivar filed with the Court a Motion to Cite in Contempt ¹¹ directed at respondent Gonzalez. The Motion cited as bases the acts of respondent Gonzalez in: (1) having caused the filing of the information against petitioner in Criminal Case No. 12570 before the Sandiganbayan; and (2) issuing certain allegedly contemptuous statements to the media in relation to the proceedings in G.R. No. 80578. In respect of the latter, petitioner annexed to his Motion a photocopy of a news article, reproduced here in toto, which appeared in the 30 November 1987 issue of the "Philippine Daily Globe:"

Tanod Scores SC for Quashing Graft Case

TANODBAYAN Justice Raul M. Gonzalez said yesterday the Supreme Court order stopping him from investigating graft cases involving Antique Gov. Enrique Zaldivar can aggravate the thought that affluent persons "an prevent the progress of a trial."

What I am afraid of (with the issuance of the order) is that it appears that while rich and influential persons get favorable actions from the Supreme Court, it is difficult for an ordinary litigant to get his petition to be given due course. Gonzalez told the Daily Globe in an exclusive interview.chanrobles virtual law library

Gonzalez said the high tribunal's order '"eightens the people's apprehension over the justice system in this country, especially because the people have been thinking that only the small fly can get it while big fishes go scot-free."

Gonzalez was reacting to an order issued by the tribunal last week after Zaldivar petitioned the court to stop the Tanodbayan from investigating graft cases filed against him.chanrobles virtual law library

Zaldivar had charged that Gonzalez was biased in his investigations because the latter wanted to help promote the political fortunes of a friend from Antique, lawyer Bonifacio Alentajan.chanrobles virtual law library

Acting on Zaldivar's petition, the high court stopped Gonzalez from investigating a graft charge against the governor, and from instituting any complaint with the Sandiganbayan.

			FEATURED DECISIONScralaw

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