Zaldivar vs SB; GR Nos. L-79690-707; 27 Apr 1988; 160 SCRA 843 / Resolution 19 May 1988

in Legal Chyme by

Petitioner sought to restrain the Sandiganbayan and Tanodbayan Raul Gonzales from proceeding with the prosecution and hearing of criminal cases against him on the ground that sid cases were filed by said Tanodbayan without legal and constitutional authority.

Whether or not the Tanodbayan has the authority to conduct preliminary investigations and to direct the filing of criminal cases with the Sandiganbayan.

Under the present Constitution, the Special Prosecutor is a mere subordinate of the Tanodbayan and can investigate and prosecute cases only upon the latter’s authority or orders. The Special Prosecutor cannot initiate the prosecution of cases but only conduct the same if instructed to do so by the Ombudsman.

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