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JINGGOY ESTRADA v. OMBUDSMAN - CASE DIGEST -
CONSTITUTIONAL LAW
SEN. JINGGOY ESTRADA v. OMBUDSMAN G.R. Nos. 212140-41 January 21, 2015

FACTS:
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Sometime in November and December 2013, the Ombudsman served on Sen. Estrada two (2) criminal ▼ 2018 (95)
complaints for plunder, among others. Eighteen (18) of Sen. Estrada’s co-respondents in the two complaints
► March (9)
filed their counter-affidavits between 9 December 2013 and 14 March 2014.
▼ February (75)
On 20 March 2014, Sen. Estrada filed his “Request to be Furnished with Copies of Counter-Affidavits of the PEOPLE V. AMINUDDIN -
Other Respondents, Affidavits of New Witnesses and Other Filings” (the “Request”). Sen. Estrada’s request was CASE DIGEST -
made “[p]ursuant to the right of a respondent ‘to examine the evidence submitted by the complainant which he CONSTITUTIONAL...
may not have been furnished’ (Section 3[b], Rule 112 of the Rules of Court) and to ‘have access to the evidence
PEOPLE V. MENGOTE -
on record’ (Section 4[c], Rule II of the Rules of Procedure of the Office of the Ombudsman).” CASE DIGEST -
The Ombudsman denied Sen. Estrada’s Request, which is not the subject of the present certiorari case. CONSTITUTIONAL L...

ISSUE: POSADAS V. CA - CASE

DIGEST -
CONSTITUTIONAL
WON petitioner Estrada was denied due process of law
LAW

HELD: ROLITO GO V. CA -
CASE DIGEST -
CONSTITUTIONAL
NO. The denial did not violate Sen. Estrada’s constitutional right to due process.
LAW...
First. There is no law or rule which requires the Ombudsman to furnish a respondent with copies of the counter- PEOPLE V. DON
affidavits of his co-respondents. RODRIGUEZA - CASE
DIGEST - CONSTITU...
The SC cited in its decision Sections 3 and 4, Rule 112 of the Revised Rules of Criminal Procedure, as well as PEOPLE V. SUCRO -
Rule II of Administrative Order No. 7, Rules of Procedure of the Office of the Ombudsman, for ready reference. CASE DIGEST -
CONSTITUTIONAL
Sen. Estrada claims that the denial of his Request for the counter-affidavits of his co-respondents violates his LAW...
constitutional right to due process. Sen. Estrada, however, fails to specify a law or rule which states that it is a
WEBB V. DE LEON -
compulsory requirement of due process in a preliminary investigation that the Ombudsman furnish a respondent CASE DIGEST -
with the counter-affidavits of his co-respondents. Neither Section 3(b), Rule 112 of the Revised Rules of CONSTITUTIONAL
Criminal Procedure nor Section 4(c), Rule II of the Rules of Procedure of the Office of the Ombudsman LA...
supports Sen. Estrada’s claim. What the Rules of Procedure of the Office of the Ombudsman require is for the
UMIL V. RAMOS - CASE
Ombudsman to furnish the respondent with a copy of the complaint and the supporting affidavits and documents
DIGEST -
at the time the order to submit the counter-affidavit is issued to the respondent. This is clear from Section 4(b), CONSTITUTIONAL
Rule II of the Rules of Procedure of the Office of the Ombudsman when it states, "[a]fter such affidavits [of the LAW
complainant and his witnesses] have been secured, the investigating officer shall issue an order, attaching
thereto a copy of the affidavits and other supporting documents, directing the respondent to submit, within ten PEOPLE V. DEL
ROSARIO - CASE
(10) days from receipt thereof, his counter-affidavits x x x." At this point, there is still no counter-affidavit
DIGEST -
submitted by any respondent. Clearly, what Section 4(b) refers to are affidavits of the complainant and his CONSTITUTION...
witnesses, not the affidavits of the co-respondents. Obviously, the counter-affidavits of the co-respondents are
not part of the supporting affidavits of the complainant. No grave abuse of discretion can thus be attributed to ESPANO V. CA - CASE
the Ombudsman for the issuance of the 27 March 2014 Order which denied Sen. Estrada’s Request. DIGEST -
CONSTITUTIONAL
LAW
Second, it should be underscored that the conduct of a preliminary investigation is only for the determination of
probable cause, and “probable cause merely implies probability of guilt and should be determined in a summary ANIAG V. COMELEC -
manner. A preliminary investigation is not a part of the trial and it is only in a trial where an accused can CASE DIGEST -
demand the full exercise of his rights, such as the right to confront and cross-examine his accusers to establish CONSTITUTIONAL
LA...
his innocence.” Thus, the rights of a respondent in a preliminary investigation are limited to those granted by
procedural law. PEOPLE V. DE GRACIA -
CASE DIGEST -
A preliminary investigation is defined as an inquiry or proceeding for the purpose of determining whether there CONSTITUTIONAL...
is sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court has PAPA V. MAGO - CASE
been committed and that the respondent is probably guilty thereof, and should be held for trial. The quantum of DIGEST -
evidence now required in preliminary investigation is such evidence sufficient to “engender a well-founded CONSTITUTIONAL
belief” as to the fact of the commission of a crime and the respondent’s probable guilt thereof. A preliminary LAW
investigation is not the occasion for the full and exhaustive display of the parties’ evidence; it is for the
MALACAT V. CA - CASE
presentation of such evidence only as may engender a well-grounded belief that an offense has been committed DIGEST -
and that the accused is probably guilty thereof. We are in accord with the state prosecutor’s findings in the case CONSTITUTIONAL
at bar that there exists prima facie evidence of petitioner’s involvement in the commission of the crime, it being LAW
sufficiently supported by the evidence presented and the facts obtaining therein.
PEOPLE V. SOLAYAO -
CASE DIGEST -
Third, the technical rules on evidence are not binding on the fiscal who has jurisdiction and control over the
CONSTITUTIONAL L...
conduct of a preliminary investigation. If by its very nature a preliminary investigation could be waived by the
accused, we find no compelling justification for a strict application of the evidentiary rules. TERRY V. OHIO - CASE
 DIGEST -
Fourth, the quantum of evidence in preliminary investigations is not akin to those in administrative proceedings CONSTITUTIONAL
as laid down in the landmark doctrine of Ang Tibay. The quantum of evidence needed in Ang Tibay, as LAW
amplified in GSIS, is greater than the evidence needed in a preliminary investigation to establish probable cause, PEOPLE V. MARI MUSA -
or to establish the existence of a prima facie case that would warrant the prosecution of a case. Ang Tibay refers CASE DIGEST -
to “substantial evidence,” while the establishment of probable cause needs “only more than ‘bare suspicion,’ or CONSTITUTIONAL...
‘less than evidence which would justify . . . conviction’.” In the United States, from where we borrowed the
PEOPLE V. MALMSTEDT
concept of probable cause, the prevailing definition of probable cause is this:
- CASE DIGEST -
CONSTITUTIONAL...
In dealing with probable cause, however, as the very name implies, we deal with probabilities. These are not
technical; they are the factual and practical considerations of everyday life on which reasonable and prudent NOLASCO V. CRUZ-
men, not legal technicians, act. The standard of proof is accordingly correlative to what must be proved. PANO - CASE DIGEST
- CONSTITUTIONA...
Thus, probable cause can be established with hearsay evidence, as long as there is substantial basis for crediting 20TH CENTURY FOX
the hearsay. Hearsay evidence is admissible in determining probable cause in a preliminary investigation FILM V. CA - CASE
because such investigation is merely preliminary, and does not finally adjudicate rights and obligations of DIGEST - CONST...
parties. However, in administrative cases, where rights and obligations are finally adjudicated, what is required MATA V. BAYONA - CASE
is “substantial evidence” which cannot rest entirely or even partially on hearsay evidence. Substantial basis is DIGEST -
not the same as substantial evidence because substantial evidence excludes hearsay evidence while substantial CONSTITUTIONAL
basis can include hearsay evidence. To require the application of Ang Tibay, as amplified in GSIS, in LAW
preliminary investigations will change the quantum of evidence required in determining probable cause from
LIM V. FELIX - CASE
evidence of likelihood or probability of guilt to substantial evidence of guilt. DIGEST -
CONSTITUTIONAL
Actually, the Ombudsman went beyond legal duty and even furnished Sen. Estrada with copies of the counter- LAW
affidavits of his co-respondents whom he specifically named, as well as the counter-affidavits of some of other
SILVA V. PRESIDING
co-respondents. In the 4 June 2014 Joint Order, the Ombudsman even held in abeyance the disposition of the
JUDGE - CASE
motions for reconsideration because the Ombudsman granted Sen. Estrada five days from receipt of the 7 May DIGEST -
2014 Joint Order to formally respond to the claims made by his co-respondents. The Ombudsman faithfully CONSTITUT...
complied with the existing Rules on preliminary investigation and even accommodated Sen. Estrada beyond
what the Rules required. Thus, the Ombudsman could not be faulted with grave abuse of discretion. Since this is SOLIVEN V. MACASIAR -
CASE DIGEST -
a Petition for Certiorari under Rule 65, the Petition fails in the absence of grave abuse of discretion on the part
CONSTITUTIONAL...
of the Ombudsman.
BURGOS V. CHIEF OF
The constitutional due process requirements mandated in Ang Tibay, as amplified in GSIS, are not applicable to STAFF - CASE DIGEST
preliminary investigations which are creations of statutory law giving rise to mere statutory rights. A law can - CONSTITUT...
abolish preliminary investigations without running afoul of the constitutional requirements of due process as ALVAREZ V. CFI - CASE
prescribed in Ang Tibay, as amplified in GSIS. The present procedures for preliminary investigations do not DIGEST -
comply and were never intended to comply, with Ang Tibay, as amplified in GSIS. Preliminary investigations CONSTITUTIONAL
do not adjudicate with finality rights and obligations of parties, while administrative investigations governed by LAW...
Ang Tibay, as amplified in GSIS, so adjudicate. Ang Tibay, as amplified in GSIS, requires substantial evidence STONEHILL V. DIOKNO -
for a decision against the respondent in the administrative case.In preliminary investigations, only likelihood or CASE DIGEST -
probability of guilt is required. To apply Ang Tibay, as amplified in GSIS, to preliminary investigations will CONSTITUTIONA...
change the quantum of evidence required to establish probable cause. The respondent in an administrative case
BACHE & CO. V. RUIZ -
governed by Ang Tibay, as amplified in GSIS, has the right to an actual hearing and to cross-examine the
CASE DIGEST -
witnesses against him. In preliminary investigations, the respondent has no such rights.
CONSTITUTIONAL...

Also, in an administrative case governed by Ang Tibay, as amplified in GSIS, the hearing officer must be PEOPLE V. ANDRE
impartial and cannot be the fact-finder, investigator, and hearing officer at the same time. In preliminary MARTI - CASE DIGEST
- CONSTITUTIO...
investigations, the same public officer may be the investigator and hearing officer at the same time, or the fact-
finder, investigator and hearing officer may be under the control and supervision of the same public officer, like GUAZON V. DE VILLA -
the Ombudsman or Secretary of Justice. This explains why Ang Tibay, as amplified in GSIS, does not apply to CASE DIGEST -
preliminary investigations. To now declare that the guidelines in Ang Tibay, as amplified in GSIS, are CONSTITUTIONAL...
fundamental and essential requirements in preliminary investigations will render all past and present preliminary VALMONTE V. GENERAL
investigations invalid for violation of constitutional due process. This will mean remanding for reinvestigation DE VILLA -CASE
all criminal cases now pending in all courts throughout the country. No preliminary investigation can proceed DIGEST- CONSTI...
until a new law designates a public officer, outside of the prosecution service, to determine probable cause.
MIRASOL V. DPWH -
Moreover, those serving sentences by final judgment would have to be released from prison because their
CASE DIGEST -
conviction violated constitutional due process.
CONSTITUTIONAL
LAW...
Thus, petition dismissed for being premature and it constitutes forum shopping.
GSIS V.
MONTESCLAROS -
at 10:20:00 AM CASE DIGEST -
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 Thursday, February 8, 2018

JINGGOY ESTRADA v. O
CONSTITUTIONAL LAW
SEN. JINGGOY ESTRADA v. OMBUDSMA

FACTS:

Sometime in November and December 2013

complaints for plunder, among others. Eightee
filed their counter-affidavits between 9 Decemb

On 20 March 2014, Sen. Estrada filed his “Re

Other Respondents, Affidavits of New Witnesse
made “[p]ursuant to the right of a respondent ‘
may not have been furnished’ (Section 3[b], Ru
on record’ (Section 4[c], Rule II of the Rules of
The Ombudsman denied Sen. Estrada’s Reques

ISSUE:

WON petitioner Estrada was denied due proces

HELD:

NO. The denial did not violate Sen. Estrada’s co

First. There is no law or rule which requires the

affidavits of his co-respondents.

The SC cited in its decision Sections 3 and 4, R

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