Title
Abugotal vs. Tiro
Case
G.R. No. L-40552
Decision Date
Aug 20, 1975
A murder case reinvestigation ordered by a judge was annulled by the Supreme Court, ruling that the City Fiscal, not the court, has authority to designate the investigating fiscal.
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Case Digest (G.R. No. L-40552)

Facts:

1. Filing of the Information:

  • On February 25, 1975, petitioner Diosdado T. Abugotal, the City Fiscal of Gingoog City, filed an information for murder against private respondents Norberto de la Cruz, Asterio Hurtado, and Rosalio Morales through 2nd Assistant Fiscal Nicolas P. Tacondong, Jr. The case was filed with the Criminal Circuit Court, 15th Judicial District, Cagayan de Oro City, presided by respondent Judge Meynardo A. Tiro.

2. Motion for Reinvestigation and Bail:

  • On March 29, 1975, private respondents filed an urgent motion for reinvestigation to be conducted by First Assistant City Fiscal Cenon B. Alaba and a separate petition for bail. Petitioner opposed the petition for bail but did not oppose the motion for reinvestigation.

3. Order for Reinvestigation:

  • On April 4, 1975, respondent Judge granted the motion for reinvestigation and ordered First Assistant City Fiscal Alaba to conduct the reinvestigation. The resolution on the petition for bail was held in abeyance.

4. Motion for Reconsideration:

  • On April 10, 1975, petitioner filed a Motion for Reconsideration, arguing that he had carefully reviewed the work of Fiscal Tacondong and that Presidential Decree No. 77 had been observed, making a reinvestigation unnecessary. The motion was denied by respondent Judge on April 11, 1975.

5. Temporary Restraining Order:

  • On May 6, 1975, the Supreme Court issued a temporary restraining order, preventing the respondent Judge from enforcing his orders dated April 4, 1975, and April 11, 1975.

6. Private Respondents' Arguments:

  • Private respondents argued that they had requested a preliminary investigation by either the First Assistant City Fiscal or Special Counsel Valdevilla, fearing bias from Fiscal Tacondong. They also claimed that no preliminary investigation was conducted as required by Presidential Decree No. 77 and that the case against Rosalio Morales was one of homicide, not murder.

Issue:

  1. Whether the respondent Judge acted without jurisdiction or with grave abuse of discretion in ordering a reinvestigation of the murder case.
  2. Whether the reinvestigation should be conducted by First Assistant City Fiscal Cenon B. Alaba, as ordered by the respondent Judge, or whether the City Fiscal has the prerogative to designate the investigating fiscal.
  3. Whether the certification by Fiscal Tacondong, Jr., regarding the preliminary investigation, is sufficient to bind the court and preclude the need for a reinvestigation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Facts/Issues/Ruling/Ratio

Facts/Issues/Ruling/Ratio

Facts/Issues/Ruling/Ratio


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