ZALDIVAR VS.

SANDIGANBAYAN
G.R. Nos. 79690-707, April 27, 1988

Facts:
Petitioner Enrique A. Zaldivar, governor of the province of Antique, filed a petition for certiorari, prohibition
and mandamus under Rule 65 before the Supreme Court, seeking to restrain the Sandiganbayan and
Tanodbayan Raul Gonzalez from proceeding with the prosecution and hearing of criminal cases against
him on the ground that said cases were filed by said Tanodbayan without legal and constitutional
authority, since under the 1987 Constitution which took effect on February 2, 1987, it is only the
Ombudsman (not the present or incumbent Tanodbayan) who has the authority to file cases with the
Sandiganbayan. Petitioner also prayed that Tanodbayan Gonzalez be restrained from conducting
preliminary investigations with the Sandiganbayan.

Issue:
Whether Tanodbayan (Special Prosecutor) have the authority to conduct preliminary investigations and to
direct the filing of criminal cases with the Sandiganbayan?

Ruling:
No. Under the 1987 Constitution

Application:
The Ombudsman (as distinguished from the incumbent Tanodbayan) is charged with the duty to:
Investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or commission appears to be illegal, unjust, improper, or
inefficient (Sec. 13, par. 1)
The Constitution likewise provides that: The existing Tanodbayan shall hereafter be known as the office
of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be
provided by law, contempt except those conferred on the office of the Ombudsman created under this
Constitution. (Art. XI, Section 7).

Conclusion:
The Court concludes that respondent Gonzalez is guilty both of contempt of court in facie curiae and
of gross misconduct as an officer of the court and member of the Bar.