This case has been cited 3 times or more.
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2005-09-16 |
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| Verily, the Court in Republic v. Sandiganbayan,[40] reviewed the powers of the Ombudsman and held:At present, the powers of the Ombudsman, as defined by Republic Act No. 6770 corollary to Section 13, Article XI of the 1987 Constitution, include, inter alia, the authority to: (1) investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases; and (2) investigate and intiate the proper action for the recovery of ill-gotten wealth and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved there.[41] | |||||
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2005-06-22 |
TINGA, J. |
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| In their Comment,[16] respondents submit the contrary, noting that the issues raised by petitioner are not novel as these have been settled in Republic vs. Sandiganbayan[17] which categorically ruled that "there is no issue that jurisdiction over violations of [R.A.] Nos. 3019 and 1379 now rests with the Sandiganbayan."[18] Respondents argue that under the Constitution[19] and prevailing statutes, the Sandiganbayan is vested with authority and jurisdiction over the petition for forfeiture under R.A. No. 1379 filed against petitioner. Respondents point to Sec. 4.a (1) (d) of P.D. 1606, as amended, as the prevailing law on the jurisdiction of the Sandiganbayan, thus:Sec. 4. Jurisdiction. The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving: | |||||
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2003-07-21 |
CARPIO, J. |
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| (b) the investigation and prosecution of such offenses committed in the acquisition of said ill-gotten wealth as contemplated under Section 2(a) of Executive Order No. 1. However, other violations of the Anti-Graft and Corrupt Practices Act not otherwise falling under the foregoing categories, require a previous authority of the President for the respondent PCGG to investigate and prosecute in accordance with Section 2 (b) of Executive Order No. 1. Otherwise, jurisdiction over such cases is vested in the Ombudsman and other duly authorized investigating agencies such as the provincial and city prosecutors, their assistants, the Chief State Prosecutor and his assistants and the state prosecutors. (Emphasis supplied) The proper government agencies, and not the PCGG, should investigate and prosecute forfeiture petitions not falling under EO No. 1 and its amendments. The preliminary investigation of unexplained wealth amassed on or before 25 February 1986 falls under the jurisdiction of the Ombudsman, while the authority to file the corresponding forfeiture petition rests with the Solicitor General.[27] The Ombudsman Act or Republic Act No. 6770 ("RA No. 6770") vests in the Ombudsman the power to conduct preliminary investigation and to file forfeiture proceedings involving unexplained wealth amassed after 25 February 1986.[28] | |||||