Case Digest (G.R. No. 72553)
Facts:
Felicito R. Quimpo v. Tanodbayan (Ombudsman), Greg Dimaano and Danny F. Remo, G.R. No. 72553, December 02, 1986, the Supreme Court En Banc, Melencio‑Herrera, J., writing for the Court.On July 17, 1984, petitioner Felicito R. Quimpo filed a complaint with respondent Tanodbayan against private respondents Greg Dimaano and Danny F. Remo under Republic Act No. 3091 (Anti‑Graft and Corrupt Practices Act). Quimpo alleged that his company, Admiral Adjusters and Surveyors, Inc. (AASI), had a service contract with Petrophil Corporation which, after renewal, resulted in withheld payments by Dimaano and Remo amounting to P147,300.00 and preferential treatment given to another survey firm in subsequent bidding.
Private respondents moved to dismiss the complaint for lack of Tanodbayan jurisdiction on the ground that PETROPHIL was not a government‑owned or controlled corporation. On March 15, 1985 the Tanodbayan issued a decision disowning jurisdiction, relying on Opinion No. 62 (1976) of the then Secretary of Justice which interpreted “government‑owned or controlled corporations” as those created by special law. The Tanodbayan denied Quimpo’s motion for reconsideration on October 7, 1985.
The Solicitor General, however, and the incumbent Tanodbayan (as noted by the Court) concurred with petitioner that Tanodbayan jurisdiction existed. Quimpo filed a Petition for Certiorari in this Court challenging the Tanodbayan’s dismissal; the Court “gave due course” and took the case. The central legal question presented was whether PETROPHIL is a government‑owned or controlled corporation whose employees fall u...(Subscriber-Only)
Issues:
- Did the Tanodbayan err in disowning jurisdiction over the complaint—i.e., was its dismissal for lack of jurisdiction improper?
- Was Petrophil Corporation a government‑owned or controlled corporation whose employees fall within the Tanodbayan’s and Sandiganbayan’s jurisdiction under the relevant constitutional...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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