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MAGNO VS. PEOPLE OF THE PHILS.

GR No. 171542, April 6, 2011

FACTS:
The Office of the Ombudsman filed an information for multiple frustrated murder an
double attempted murder against several accused, including Magno, who were public office
working under the NBI.

Magno, in open court, objected to the formal appearance and authority of Atty. Sitoy,
who as there as private prosecutor to prosecute the case for and on behalf of the Office of the
Ombudsman.

The RTC issued an Order, ruling that “the Ombudsman is proper, legal and authorize
entity to prosecute this case to the exclusion of any other entity/person other than those
authorized under RA 6770. This prompted the respondents to file a petition for certiorari
before the CA.

CA’s original decision: Declared that the private prosecutor may appear for the
petitioner in the case, but only insofar as the prosecution of the civil aspect of the case is
concerned.

CA’s amended decision: Ruling that the private prosecutor may appear for the
petitioner in Criminal Case to intervene in the prosecution of the offense charged in
collaboration with any lawyer deputized by the Ombudsman to prosecute the case. This
amended CA decision in turn made Magno file for a review on certiorari under Rule 45 of th
Rules of Procedure before the Supreme Court.

ISSUE:
Whether or not the Ombudsman is correct in allowing Atty. Sitoy to prosecute this c
pursuant to Section 16, Rule 110 of the Rules of Court.

RULING:
The SC ordered that respondents to seek recourse from the Sandiganbayan a
declared CA’s amended decision null and void for having been issued without jurisdiction.

The Sandiganbayan has exclusive appellate jurisdiction over resolutions issued by RT

in the exercise of their original or appellate jurisdiction.

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Magno should have filed the petition for certiorari with the Sandiganbayan, which h
exclusive appellate jurisdiction over the RTC since the accused are public officials charged
committing crimes in their capacity as Investigators of the National Bureau of Investigation.

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