17 DOJ v. LiwagFacts:

Mary Ong alleges that she was a former undercover agent of the Presidential Anti-Organized Crime Task Force (PAOCTF) and the Philippine National Police (PNP)Narcotics GroupJan. 8, 2001 - She filed before the OMB a complaint against PNP General PanfiloM. Lacson, PNP Colonel Michael Ray B. Aquino, other high-ranking ocials of thePNP, and several private individualsHer complaint-adavit gave rise to separate cases involving dierent oensesimputed to respondents Lacson and Aquino including:

1. Kidnapping for ransom of Zeng Jia Xuan, Hong Zhen Quiao, Zeng KangPang, James Wong and Wong Kam Chong;

2. Murder of Wong Kam Chong; and3. Kidnapping for ransom and murder of Chong Hiu Ming

May 7, 2001 - a panel of prosecutors from the DOJ sent a subpoena to Lacson et alMay 18, 2001 - Lacson and Aquino sent a letter saying the DOJ should dismiss thecomplaint because the OMB has a similar complaint with the same factsMay 28, 2001 - DOJ denied dismissalLacson and Aquino filed in the RTC a motion for prohibition, insisting the DOJ doesnot have jurisdictionJudge Liwag issued a writ of preliminary injunction enjoining the DOJ fromconducting a preliminary investigationDOJ et al appealed to the SC

Issues:

W.O.N. the DOJ can concurrently investigate a case wherein the OMB has anexisting complaint before it

No - the pendency of the case before the OMB is one of primary jurisdictionto investigate

1987 Admin Code governing the DOJ states:Section 1. Declaration of policy. It is the declared policy of theState to provide the government with a principal law agencywhich shall be both its legal counsel and prosecution arm;administer the criminal justice system in accordance with theaccepted processes thereof consisting in the investigation of thecrimes, prosecution of oenders and administration of thecorrectional system;Section 3. Powers and Functions. To accomplish its mandate,the Department shall have the following powers and functions:

Investigate the commission of crimes, prosecuteoenders and administer the probation and correctionsystem;

PD 1275 states:Section 1. Creation of the National Prosecution Service;Supervision and Control of the Secretary of Justice. There ishereby created and established a National Prosecution Serviceunder the supervision and control of the Secretary of Justice, to

be composed of the Prosecution Sta in the Oce of theSecretary of Justice and such number of Regional StateProsecution Oces, and Provincial and City Fiscals Oces asare hereinafter provided, which shall be primarily responsible forthe investigation and prosecution of all cases involvingviolations of penal laws.

OMB act (RA 6640) states:Sec. 15. Powers, Functions and Duties. The Oce of theOmbudsman shall have the following powers, functions andduties:

Investigate and prosecute on its own or on complaint byany person, any act or omission of any public ocer oremployee, oce or agency, when such act or omissionappears to be illegal, unjust, improper or inecient. It hasprimary jurisdiction over cases cognizable by theSandiganbayan and, in the exercise of this primaryjurisdiction, it may take over, at anystage, from anyinvestigatory agency of Government, the investigation ofsuch cases;

Art. 11, Sec. 13 of the Constitution vests the OMB with plenaryinvestigative powers and fiscal autonomy

They are granted great leeway in investigating and prosecutingoensesProsecution under the OMB has preference over other bodiesRA 6770 gives them primary jurisdiction in cases cognizable bythe Sandiganbayan and authorizes them to take over, at anystage, from any investigatory agency, the investigation of suchcases

The DOJ has general jurisdiction, it cannot diminish the primaryjurisdiction of the OMBThis is the first case wherein the first complaint was filed with the OMBbefore the DOJThe subsequent assumption of the DOJ would not promote an orderlyadministration of JusticeDefendants would not know where their recourse would be (DOJ orOMB)There is a risk of conflicting resolutions regarding guiltTwo investigations would lead to unnecessary expenditure ofgovernment fundsPetition dismissed, OMB to have jurisdiction for the preliminaryinvestigation