A.M. No. MTJ-97-1116 - Punio vs. Go

In November 1982, two members of the EPZA Police Force in Bataan, Guillermo M. Santos, Jr. and Bernardo S. Yambao, filed a complaint with the deputized Tanodbayan prosecutor, Benjamin T. Vianzon.
The complaint charged petitioners Gavino Manikad, Roberto Banez, and Benito Arellano—then respectively the director and members of the EPZA Police Force—with offenses including smuggling, qualified theft, violations of the Anti-Graft Law, and violations of the Anti-Fencing Law.

On the scheduled day for the preliminary investigation, petitioners moved to dismiss the complaint, basing their argument on three grounds:

Tanodbayan Prosecutor Vianzon lacked authority to conduct the investigation since the power to investigate such offenses was allegedly exclusive to the EPZA as per Section 7 of Presidential Decree No. 1716-A.
The complaint was improperly and prematurely filed.
There was no prima facie case against the petitioners.

The motion to dismiss was opposed seasonably by the private respondents.
On March 8, 1983, Fiscal Vianzon issued an order denying the motion to dismiss.
Following the denial, petitioners filed a motion for reconsideration and/or petition for review with the Tanodbayan, which was similarly denied on May 27, 1983.
Subsequent to these denials, petitioners elevated the matter to the Supreme Court through a petition for certiorari and prohibition.

Petitioners contended that under Section 7 of PD No. 1716-A, all investigative functions, including the filing and prosecution of complaints relative to penal law violations within the zones, were vested exclusively in the EPZA.
They argued that by conducting the preliminary investigation, respondent Fiscal Vianzon had overstepped his jurisdiction, amounting to grave abuse of discretion.
They further asserted that the filing of the complaint by respondents Santos and Yambao was premature, especially in light of the ongoing administrative proceedings which they claimed should bar concurrent criminal investigation.

Whether Section 7 of Presidential Decree No. 1716-A, which grants the EPZA the power to receive and investigate complaints concerning penal law violations within its zones, confers an exclusive authority that precludes the Tanodbayan or his deputies from conducting preliminary investigations in cases involving EPZA personnel.
Whether the filing of the complaint by private respondents, despite the pendency of separate administrative proceedings, constitutes a premature or improper initiation of criminal prosecution.