In the case of ALFREDO T. ROMUALDEZ vs. SANDIGANBAYAN, G.R. No. 161602, July 13, 2010, re: the investigative powers of the Ombudsman, the Supreme Court stressed the following doctrines:
1. “But, as the Sandiganbayan correctly pointed out, quoting Republic v. Sandiganbayan, the Ombudsman has under its general investigatory powers the authority to investigate forfeiture cases where the alleged ill-gotten wealth had been amassed before February 25, 1986. Thus:
Nonetheless, while we do not discount the authority of the Ombudsman, we believe and so hold that the exercise of his correlative powers to both investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth is restricted only to cases for the recovery of ill-gotten and/or unexplained wealth which were amassed after February 25, 1986. Prior to said date, the Ombudsman is without authority to initiate such forfeiture proceedings. We, however, uphold his authority to investigate cases for the forfeiture or recovery of such ill-gotten and/or unexplained wealth amassed even before the aforementioned date, pursuant to his general investigatory power under Section 15(1) of Republic Act No. 6770. (Emphasis supplied)”
2. “And, although it was the Ombudsman who conducted the preliminary investigation, it was the OSG that instituted the action in Civil Case 0167 in line with the Court’s ruling in the above-cited Republic and other cases that followed.”
3. “The Court cannot also subscribe to the Romualdezes’ claim that they are entitled to a new preliminary investigation since they had no opportunity to take part in the one held in 1991, in OMB-0-91-0820. They admit that the subpoena for that investigation had been sent to their last known residence at the time it was conducted. The Republic categorically insists that the appropriate subpoena had been served on the Romualdezes.”
4. Actually, the lament of the spouses was that they left the Philippines because of danger to their lives after the EDSA revolution of February 1986 and so could not take part in the proceedings against them. While it is true that the Court characterized the departure of the Romualdezes as forced upon them by the uncertainty of the situation in 1986, it also said that such was the case only until things shall have stabilized. The Court will take judicial notice of the fact that the people’s ratification of the 1987 Constitution on February 2, 1987 signaled the return to normalcy of the political situation in the Philippines. Consequently, the Romualdezes had no valid excuse for not responding to the subpoena served on them at their last known address in 1991, which they do not deny having received.”
5. “The Ombudsman could not be faulted for proceeding with the investigation of the Romualdezes’ cases when they did not show up despite notice being sent to them at their last known residence. As the Court held in a case:
The New Rules on Criminal Procedure “does not require as a condition sine qua non to the validity of the proceedings [in the preliminary investigation] the presence of the accused for as long as efforts to reach him were made, and an opportunity to controvert the evidence of the complainant is accorded him. The obvious purpose of the rule is to block attempts of unscrupulous respondents to thwart the prosecution of offenses by hiding themselves or by employing dilatory tactics.”
In sum, no reason exists for suspending or interrupting the conduct of the forfeiture proceedings before the Sandiganbayan.”
