G.R. No. 111616 - Natividad vs. Felix

The petitioner, Mayor Arnulfo Natividad, was the Municipal Mayor of Ramos, Tarlac, implicated in the death of Severino L. Aquino which occurred at the Ramos Police Station on the night of February 20, 1989.
The investigation was prompted by a letter dated July 19, 1993, written by Mrs. Lourdes Aquino, widow of the deceased, which was conveyed to the Philippine National Police (PNP) and subsequently led to the Tarlac Provincial Prosecutor’s involvement.

Following the request from the PNP, the provincial prosecutor initiated a preliminary investigation on the case.
A subpoena was issued for the petitioner to submit a counter-affidavit concurrent with the preliminary investigation.
During the pendency of the investigation (IS 93-1038), the PNP also filed a separate complaint on July 26, 1993, with the Municipal Circuit Trial Court (MCTC) of Gerona-Ramos Tarlac (Criminal Case No. 4923), leading to an arrest order with bail fixed at ₱250,000.00.

The petitioner posted bail on July 28, 1993, leading to the recall of the arrest warrant by the RTC of Manila, Branch 27.
After a preliminary investigation, MCTC, through a resolution on July 29, 1993, found probable cause for murder and recommended bail at ₱250,000.00, and the Provincial Prosecutor thereafter approved the filing of an information for murder (albeit without bail recommendation).
An information was filed against the petitioner and co-accused Sesinando "Boy" Llerina before Judge Augusto Felix of the Regional Trial Court (RTC) of Tarlac, Branch 64.

On being served with a warrant of arrest (issued on August 2, 1993), the petitioner filed an urgent motion seeking to withhold the issuance of the warrant and to dismiss the case; alternatively, he requested that the case be remanded for further preliminary investigation.
The trial court, in an order dated August 9, 1993, recalled the warrant after noting that the Municipal Circuit Trial Court had not conducted the second stage of the preliminary investigation and remanded the case for further proceedings.
Claiming alleged partiality on the part of the provincial prosecutor, the petitioner requested that his preliminary investigation be transferred to Manila via the Secretary of Justice, but this request was denied on August 18, 1993.
Subsequent proceedings included the issuance of a resolution by a panel of prosecutors on August 25, 1993, holding that probable cause existed, and the filing of an amended information charging additional defendants.
On August 26, 1993, the petitioner moved to remand the case for preliminary investigation and to quash the warrant, arguing that:

No proper preliminary investigation had been conducted.
The RTC judge lacked jurisdiction since the preliminary investigation should have been conducted by the Ombudsman, not the provincial prosecutor.
The proper forum, in his view, was the Sandiganbayan.

On September 6, 1993, the respondent judge denied the petitioner’s motion and committed him to the Tarlac Penal Colony, prompting the eventual filing of the petition for review.

Whether the provincial prosecutor of Tarlac possesses the authority to conduct a preliminary investigation on an offense allegedly committed by a public official (the Municipal Mayor) versus the Ombudsman’s exclusive or primary jurisdiction over such cases.

Whether the proper court with jurisdiction over the case should be the Regional Trial Court or the Sandiganbayan, given the nature of the offense and its relation (or lack thereof) to the petitioner’s official functions.

Whether the petitioner’s right to a meaningful preliminary investigation was violated by not allowing him sufficient opportunity to file his counter-affidavit, particularly given the alleged premature filing of amended information.

Whether the respondent judge, by admitting the amended information and issuing an arrest warrant without bail, committed grave abuse of discretion in light of the petitioner’s arguments regarding jurisdiction and due process.