The Supreme Court ruled that while preliminary investigations are subject to judicial review for grave abuse of discretion, courts should not interfere with a prosecutor’s exclusive domain to determine probable cause. The decision clarifies that the admissibility of evidence is not determined during a preliminary investigation, but rather during a full trial. This ensures that prosecutors can conduct preliminary investigations without undue judicial interference, while safeguarding the rights of the accused during trial.

Unraveling the NBI Director’s Dilemma: Can Preliminary Injunctions Halt Justice?

The case of Department of Justice Prosecutor General Claro A. Arellano v. Magtanggol B. Gatdula arose from serious allegations against Magtanggol Gatdula, then the Director of the National Bureau of Investigation (NBI). Following a newspaper column detailing the alleged kidnapping and extortion of a Japanese national, Noriyo Ohara, by NBI agents, President Aquino ordered an investigation. A fact-finding panel was created, and Gatdula, as NBI Director, was invited as a resource person. The panel subsequently recommended that Gatdula be included in the indictment for Ohara’s kidnapping, leading to his relief as NBI Director. This prompted Gatdula to file a petition questioning the constitutionality of the orders that created the fact-finding panel. The central legal question became whether a preliminary investigation could proceed despite the pending resolution of a related case questioning the fact-finding panel’s validity, and whether evidence gathered by that panel could be excluded from the preliminary investigation.

Gatdula sought to suspend the preliminary investigation, arguing that the pending court case regarding the fact-finding panel constituted a prejudicial question. A prejudicial question arises when a civil action involves facts intimately related to those upon which the criminal prosecution would be based. Crucially, the resolution of the civil action must determine the guilt or innocence of the accused in the criminal case. Gatdula contended that if the fact-finding panel and its investigation were deemed invalid, the preliminary investigation would lack a solid foundation. However, the Supreme Court disagreed with Gatdula’s argument. It explained the elements for prejudicial question:

(a) the civil case involves facts intimately related to those upon which the criminal prosecution would be based; (b) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and (c) jurisdiction to try said question must be lodged in another tribunal.

While the facts were related to the alleged kidnapping, the issues in the court case and the preliminary investigation were distinct. The court case challenged the constitutionality of the fact-finding panel’s creation and the validity of its investigation, focusing on whether Gatdula’s rights were violated during the panel’s proceedings. The preliminary investigation, on the other hand, aimed to determine if there was probable cause to indict Gatdula for kidnapping. The determination of probable cause is a critical step in the criminal justice system. As the Supreme Court emphasized in Marantan v. Department of Justice:

The process of preliminary investigation is essentially one (1)-sided, as it serves only to assist the prosecution to summarily decide whether there was sufficient basis to: (1) charge a person with an offense; and (2) prevent a harassment suit that both prejudices a respondent and wastes government resources. During the preliminary investigation, the prosecution only needs to determine whether it has prima facie evidence to sustain the filing of the information.

Building on this principle, the Court reasoned that the validity of the fact-finding panel was irrelevant to the preliminary investigation. The preliminary investigation was initiated due to Ohara’s complaint, not solely based on the fact-finding panel’s findings. Consequently, whether the evidence gathered by the fact-finding panel was admissible did not dictate the preliminary investigation’s outcome. The admissibility of evidence is a matter best decided during trial, not during the preliminary investigation phase. This distinction is vital because it respects the prosecutor’s discretion in determining probable cause. As the Court pointed out in Cambe v. Ombudsman:

It should be borne in mind that probable cause is determined during the context of a preliminary investigation which is “merely an inquisitorial mode of discovering whether or not there is reasonable basis to believe that a crime has been committed and that the person charged should be held responsible for it.” It “is not the occasion for the full and exhaustive display of the prosecution’s evidence.” Therefore, “the validity and merits of a party’s defense or accusation, as well as the admissibility of testimonies and evidence, are better ventilated during trial proper than at the preliminary investigation level.”

Furthermore, the Court found that the Court of Appeals (CA) had overstepped its authority by ruling on the admissibility of evidence. The CA’s role was limited to determining whether the Panel of Prosecutors committed grave abuse of discretion in denying Gatdula’s petition to suspend the preliminary investigation. The appellate court exceeded its jurisdiction by instructing which evidence the prosecutors could consider. The Supreme Court underscored the importance of respecting the prosecutor’s domain in determining probable cause, free from undue judicial interference. This approach contrasts with a system where courts might prematurely dictate evidentiary matters before a full trial. Therefore, the Supreme Court emphasized that courts should not interfere with preliminary investigations absent a clear showing of grave abuse of discretion. The determination of probable cause falls squarely within the prosecutor’s discretion.

FAQs

What was the key issue in this case?	The key issue was whether a preliminary investigation could be suspended due to a pending case questioning the validity of the fact-finding panel that initially investigated the allegations, and whether evidence gathered by that panel should be excluded.
What is a prejudicial question?	A prejudicial question arises when a civil case involves facts intimately related to a criminal case, and the resolution of the civil case would determine the guilt or innocence of the accused in the criminal case.
Why did Gatdula want the preliminary investigation suspended?	Gatdula argued that the pending case questioning the fact-finding panel’s validity constituted a prejudicial question, and that if the panel was deemed invalid, the preliminary investigation would lack a basis.
What did the Court of Appeals rule?	The Court of Appeals ruled that the preliminary investigation could proceed, but that all evidence gathered during the fact-finding investigation should be excluded as inadmissible.
Why did the Supreme Court reverse the Court of Appeals’ decision?	The Supreme Court held that the Court of Appeals overstepped its jurisdiction by ruling on the admissibility of evidence, which is a matter best decided during trial, not during the preliminary investigation.
What is the role of a prosecutor in a preliminary investigation?	In a preliminary investigation, the prosecutor determines whether there is sufficient ground to believe that a crime has been committed and that the respondent is probably guilty, and should be held for trial.
Can courts interfere with preliminary investigations?	Courts generally do not interfere with preliminary investigations unless there is a clear showing of grave abuse of discretion on the part of the prosecutor.
Where is the admissibility of evidence determined?	The admissibility of evidence is typically determined during a full-blown trial, where the prosecution presents its evidence to establish the guilt of the accused.
What is the significance of this ruling?	This ruling clarifies the boundaries between judicial review and prosecutorial discretion during preliminary investigations, ensuring that prosecutors can effectively perform their duties while safeguarding the rights of the accused during trial.

In conclusion, the Supreme Court’s decision reinforces the principle that preliminary investigations are primarily the domain of the prosecutor, free from undue judicial interference unless there is a clear showing of grave abuse of discretion. The ruling ensures that the determination of probable cause remains within the prosecutor’s purview, while safeguarding the rights of the accused, particularly during trial where the admissibility of evidence is properly assessed.

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: Department of Justice Prosecutor General Claro A. Arellano v. Magtanggol B. Gatdula, G.R. No. 212215, October 09, 2019