DOROMAL V.

SANDIGANBAYAN
1. Quentin Doromal is a former Commissioner of the PCGG.
2. He was charged for violation of the Anti-Graft and Corrupt Practices Act
in connection with his shareholdings and position as president and
director of the Doromal International Trading Corporation (DITC).
3. DITC submitted bids to supply P61 mil worth of equipment to the
Department of Education, Culture and Sports (DECS) and the National
Manpower Youth Council or (NMYC).
ISSUE
Whether or not petitioner violated Article VII, Section 13
HELD
- YES
- He had an indirect interest since Doromal International Trading
Corporation (DITC) remained a family corporation.
- There is no need to present a signed document bearing the signature
of Doromal as part of the application to bid. It is not a sine qua non.
On the issue of preliminary investigation
RELEVANT FACTS
1. Special Prosecution Officer II (The Tanodbayan), Caoili, filed in the
Sandiganbayan an information against Doromal alleging:
a. Doromal, being Commissioner of PCGG, wilfully and unlawfully
has direct or indirect financial interest in the DICT, an entity
which transacted or entered into a business transaction or
contract with DECS and NMYC, both of which are government
agencies.
b. Public officers cannot have any interest in business, contracts or
transactions with government agencies because it is prohibited
by law and the Constitution.
2. The Court annulled the information on the ground that the Tanodbayan
(or the Special Prosecutor) does not have authority to conduct
preliminary investigations on criminal cases and file cases with the
Sandiganbayan without permission from the Ombudsman.
3. Subsequently, a new information was filed, which was now approved
by the Ombudsman, alleging that:
a. Doromal unlawfully participated in business through DITC, a
family corporation of which he is President. (Italicized is the
additional information)
4. Doromal moved to quash the information on the ground that there
should have been a preliminary investigation for the new info, given
that the Court annulled the previous one.
5. Sandiganbayan argued that there is no need to conduct a preliminary
investigation because the informations are essentially the same.

ISSUE
Whether or not a new preliminary investigation is in order.
HELD
- YES
- A new preliminary investigation of the charge against Doromal is in
order not only because the first one was revoked but also because
Doromal demands it.