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Orap vs. Sandiganbayan

VICENTE S. ORAP, petitioner, vs. HON. SANDIGANBAYAN represented by HON. JUSTICES MANUEL R. PAMARAN, BERNARDO P. FERNANDEZ, and ROMEO M. ESCAREAL, ET AL., respondents.

G.R. Nos. L-50508-11 | 1985-10-11

D E C I S I O N

ESCOLIN, J.:

The issue posed in this petition for certiorari and prohibition may be postulated thus: has the Tanodbayan the authority to conduct a preliminary investigation of a complaint charging a municipal judge and his clerk of court with violation of Section 3(e) of Rep. Act No. 3019 and, upon a finding of prima facie case, proceed to file the corresponding information before the Sandiganbayan and prosecute the same?

The respondent Sandiganbayan ruled that the Tanodbayan has such authority. We affirm.

The antecedent facts are undisputed. Three informations were filed before the Sandiganbayan by Tanodbayan Special...