The Supreme Court in Oscar G. Raro v. Sandiganbayan held that the Sandiganbayan did not gravely abuse its discretion in denying a motion to quash an information, even if the preliminary investigation was allegedly flawed. The Court emphasized that preliminary investigations are inquisitorial and not trials, existing merely to determine if there is probable cause to charge someone with a crime. This decision clarifies the extent to which courts can intervene in preliminary investigations and reinforces the discretionary power of the Ombudsman.

From PCSO to Courtroom: Did Raro’s Preliminary Investigation Violate Due Process?

The case of Oscar G. Raro v. Sandiganbayan, 390 Phil. 917 (2000), revolves around allegations of corruption within the Philippine Charity Sweepstakes Office (PCSO) and whether the preliminary investigation conducted by the Ombudsman violated the petitioner’s right to due process. Oscar G. Raro, then the Corporate Secretary of PCSO, was accused of violating Section 3(b) of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act. The complainant, Luis “Bing” F. Abaño, alleged that Raro demanded and received a share of the net proceeds from the Small Town Lottery (STL) operations in Camarines Norte.

Raro argued that the Sandiganbayan should have quashed the information because the preliminary investigation was defective. Specifically, he claimed that the Ombudsman and Sandiganbayan failed to examine the complainant under oath, the investigation was hasty and based on inadmissible evidence, and the four-year delay in resolving the preliminary investigation violated his rights to speedy trial and due process. The Supreme Court ultimately disagreed with Raro’s contentions. Central to this decision is the understanding of the nature and purpose of a preliminary investigation. It serves as an inquiry to determine if there’s probable cause to believe a crime has been committed and that the accused is likely guilty. It is not a venue for a full trial on the merits.

The Court pointed out that a special civil action for certiorari and prohibition is generally not the proper remedy to challenge the denial of a motion to quash an information. The appropriate recourse is to continue with the trial and, if convicted, appeal the decision. The Court also noted that even if the preliminary investigation was incomplete or flawed, it does not automatically warrant the quashal of the information. Instead, the case may be remanded to the Ombudsman for completion of the preliminary investigation. In this case, the Sandiganbayan had already observed this procedure, thus curing any potential defects in the initial investigation.

Regarding the examination of the complainant, the Supreme Court clarified that the Constitution and statutes mandate the Ombudsman to act promptly on complaints filed in any form. While it’s preferable for complaints to be in writing and under oath, this is not a mandatory requirement for initiating an investigation. The Court cited Diaz v. Sandiganbayan, G.R. No. 101202, March 8, 1993, as precedent for validating charges that were not made in writing or under oath. The Court emphasized that the Ombudsman’s referral of the complaint to the National Bureau of Investigation (NBI) did not constitute an abdication of its duty to conduct a preliminary investigation. Instead, it was a delegation of the fact-finding function, preparatory to the Ombudsman’s own investigation.

The Supreme Court also addressed Raro’s claim that the Sandiganbayan violated his right to due process by failing to personally examine the complainant before issuing a warrant of arrest. The Court stated that, for the issuance of an arrest warrant, a judge is not required to review the evidence in detail but must personally evaluate the report and supporting documents submitted by the prosecution to determine probable cause. In the absence of evidence showing that the Sandiganbayan did not personally evaluate the case records, the presumption of regularity in the conduct of official business prevails. In Cruz, Jr. v. People, G.R. No. 110436, June 27, 1994, the Court reiterated that a preliminary investigation is merely inquisitorial, designed to discover individuals who may be reasonably charged with a crime and enable the prosecutor to prepare the information.

The Court also addressed the alleged delays in the preliminary investigation. Raro argued that the four-year delay violated his rights to a speedy trial and due process. However, the Court found that the delay was not unexplained and was partly due to the Ombudsman’s efforts to verify the allegations against Raro. The Court noted that the length of delay, the reasons for the delay, the assertion of the right to a speedy trial by the accused, and the prejudice caused by the delay are factors to be considered. It also cited Dansal v. Hon. Fernandez, G.R. No. 126814, March 2, 2000, emphasizing that the Ombudsman’s duty to act promptly should not come at the expense of thoroughness and correctness. Furthermore, the Court found no merit in Raro’s claim that the complainant should be charged as a briber. The Court reiterated that it cannot supplant the Ombudsman’s discretion in determining what crime to charge an accused. Similarly, the argument that the evidence presented was hearsay was deemed insufficient to reverse the Sandiganbayan’s resolutions.

FAQs

What was the central issue in this case?	The central issue was whether the Sandiganbayan gravely abused its discretion in denying the motion to quash the information against Oscar G. Raro, arguing that his right to due process was violated during the preliminary investigation.
What is the purpose of a preliminary investigation?	A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof, and should be held for trial.
Did the Supreme Court find any violations of Raro’s rights?	No, the Supreme Court did not find any violations of Raro’s rights during the preliminary investigation. The Court held that the Ombudsman acted within its authority and that the Sandiganbayan did not err in denying the motion to quash.
Can a defective preliminary investigation lead to the quashing of an information?	Not automatically. The Court stated that if the preliminary investigation is incomplete or flawed, the case may be remanded to the Ombudsman for completion rather than quashing the information.
Is it necessary for the Ombudsman to personally examine the complainant under oath?	While preferable, it is not mandatory for the Ombudsman to personally examine the complainant under oath. The Ombudsman is mandated to act promptly on complaints filed in any form.
What is the role of the NBI in preliminary investigations conducted by the Ombudsman?	The NBI may assist in the fact-finding aspect of the investigation, but the Ombudsman retains the responsibility for conducting the preliminary investigation itself.
What factors are considered in determining whether the right to a speedy trial has been violated?	The length of delay, the reasons for the delay, the assertion or failure to assert the right by the accused, and the prejudice caused by the delay are factors to consider.
Can the Court interfere with the Ombudsman’s discretion in determining what crime to charge an accused?	No, the Court typically does not interfere with the Ombudsman’s discretion in determining what crime to charge an accused.

Ultimately, the Supreme Court affirmed the Sandiganbayan’s resolutions and directed it to proceed with the disposition of the criminal case against Raro. This case highlights the importance of due process in preliminary investigations while also recognizing the discretionary power of the Ombudsman and the procedural remedies available to those who believe their rights have been violated.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: OSCAR G. RARO, VS. THE HONORABLE SANDIGANBAYAN, G.R. No. 108431, July 14, 2000