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17 DOJ v. Liwag
17 DOJ v. Liwag
17 DOJ v. Liwag
Liwag
Facts:
Mary Ong alleges that she was a former undercover agent of the Presidential AntiOrganized Crime Task Force (PAOCTF) and the Philippine National Police (PNP)
Narcotics Group
Jan. 8, 2001 - She filed before the OMB a complaint against PNP General Panfilo
M. Lacson, PNP Colonel Michael Ray B. Aquino, other high-ranking ocials of the
PNP, and several private individuals
Her complaint-adavit gave rise to separate cases involving dierent oenses
imputed to respondents Lacson and Aquino including:
1. Kidnapping for ransom of Zeng Jia Xuan, Hong Zhen Quiao, Zeng Kang
Pang, James Wong and Wong Kam Chong;
2. Murder of Wong Kam Chong; and
3. 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 al
May 18, 2001 - Lacson and Aquino sent a letter saying the DOJ should dismiss the
complaint because the OMB has a similar complaint with the same facts
May 28, 2001 - DOJ denied dismissal
Lacson and Aquino filed in the RTC a motion for prohibition, insisting the DOJ does
not have jurisdiction
Judge Liwag issued a writ of preliminary injunction enjoining the DOJ from
conducting a preliminary investigation
DOJ et al appealed to the SC
Issues:
W.O.N. the DOJ can concurrently investigate a case wherein the OMB has an
existing complaint before it
No - the pendency of the case before the OMB is one of primary jurisdiction
to investigate
1987 Admin Code governing the DOJ states:
Section 1. Declaration of policy. It is the declared policy of the
State to provide the government with a principal law agency
which shall be both its legal counsel and prosecution arm;
administer the criminal justice system in accordance with the
accepted processes thereof consisting in the investigation of the
crimes, prosecution of oenders and administration of the
correctional system;
Section 3. Powers and Functions. To accomplish its mandate,
the Department shall have the following powers and functions:
Investigate the commission of crimes, prosecute
oenders and administer the probation and correction
system;
PD 1275 states:
Section 1. Creation of the National Prosecution Service;
Supervision and Control of the Secretary of Justice. There is
hereby created and established a National Prosecution Service
under the supervision and control of the Secretary of Justice, to