ACCOUNTABILITY OF PUBLIC OFFICERS

Sandiganbayan: Jurisdiction

32. Lacson v. Executive Secretary, G.R. No. 128096, January 20, 1999
Facts:
11 persons believed to be members of the Kuratong Baleleng gang were slain along Commonwealth
Avenue in Quezon City, May 18, 1995, by elements of the Anti-Bank Robbery & Intelligence Task
Group (ABRITG) headed by CfSupt Jewel Canson of the PNP. The ABRITG was composed of police
officers from: TMC led by SrSupt Francisco Zubia, Jr.; Presidential Anti-Crime Commission — Task
Force Habagat (PACC-TFH) headed by CfSupt Panfilo M. Lacson; Central Police District Command
(CPDC) led by CfSupt Ricardo de Leon; and the Criminal Investigation Command (CIC) headed by
CfSupt Romeo Acop.

After a reinvestigation, the Ombudsman filed 11 amended informations before the Sandiganbayan. The
accused filed separate motions questioning the jurisdiction of the Sandiganbayan, asserting the amended
informations fall within the jurisdiction of the RTC pursuant to Sec 2 (pars. a & c) of RA No. 7975.

Issue:
Whether the Sandiganbayan has jurisdiction over the accused

Decision:
No. SC believes that the mere allegation in the amended information that the offense was committed by
the accused public officer in relation to his office is not sufficient. For failure to show in the amended
information that the charge of murder was intimately connected with the discharge of official functions of
the accused officers, the offense charged in the subject criminal cases is plain murder and, therefore,
within the exclusive original jurisdiction of the RTC, not the Sandiganbayan.
Ombudsman: Supervision and control
33. Acop v. Office of the Ombudsman, 248 SCRA 566

Facts:
In this case, government agencies, NCR Command, TMC, PACC, Presidential CPDC, and CIC were
accused of summary killing 11 members of the Kuratong Baleleng gang by SPO de los Reyes of CIC. He
stated that there was no shootout but a summary killing instead.

The complaint went up to the Office of the Ombudsman of the Military. The Ombudsman addressed the
PNP concerned to submit an "After Operations Report" to the Panel of Investigators. The panel
recommended for a preliminary investigation on a list of officers presented by the PNP. In effect, the
Ombudsman ordered the officers listed to submit their counter affidavit. Petitioners, however, questioned
the conduct, stating that the Ombudsman has no jurisdiction to take preliminary investigation but the
Tanodbayan has and that they preempted the Court on ruling on the issue whether the Ombudsman has
jurisdiction over the case in the first place.

Issue:
Whether the Office of the Ombudsman has jurisdiction over the complaint

Decision:
The Ombudsman has jurisdiction as stated in Sec 31 of RA 6770: that the word 'cases' includes 'non-
military cases. RA 6770 authorized the office of the Special Prosecutor, under the supervision and control
and upon the authority of the Ombudsman, to, among others: conduct preliminary investigation and
prosecute criminal cases within the jurisdiction of the Sandiganbayan; the Ombudsman has jurisdiction on
preliminary investigation as stated in AO No. 7, Sec. 2.