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Sgt. Jose Sanchez filed a complaint for qualified theft directly with the RTC against minor
Carlos Barbosa
The PAO, as counsel for Barbosa, filed a Motion to Quash the Complaint on the ground that
Sgt. Sanchez is not authorized to file a complaint or information in Court
Judge Manio issued an order remanding the case for preliminary investigation and assigned
the adjudication thereof to Prosecutor Salvador Cajot
Before Pros. Cajot could conduct the required PI, Sgt. Sanchez filed a motion to withdraw
the complaint with the Prosecution Office
Pros. Cajot issued an order, approved by the provincial prosecutor, granting the motion to
withdraw the complaint and ordering the release of the accused from detention
o A copy of the order was furnished to the RTC
Judge Navarro ordered the Provincial Prosecutor and Prosecutor Cajot to explain why they
encroached on the jurisdiction of the court over the case
o Pros. Cajot asserted the jurisdiction of the prosecutors office in the conduct of PI and
that when the court ordered that the records of the case be remanded to the Office of the
Prosecutor to conduct the PI, the court divested itself of its control and jurisdiction over
the case
Judge Navarro set aside the order of Pros. Cajot and ordered Asst. Pros. Llaguno to
conduct the PI
o Pros. Llaguno filed a motion for reconsideration on the ground that any resolution she
may issue might run counter with the previous order of her superiors and thus render
office policies disorganized, procedures disorderly and chaotic, resulting to the
embarrassment of the administration of justice
Pros. Cajot filed a motion for reconsideration alleging that:
1. He didnt issue an order of dismissal, but an order granting the motion to withdraw, so
there is no more complaint to speak of before the court;
2. The prosecutor, in conducting the PI, has the exclusive power and authority to dismiss
the complaint immediately if he finds no grounds to continue with the inquiry, otherwise
he files the Information;
3. The finding/recommendation of the investigating prosecutor is subject to review only by
the provincial prosecutor and the action of the latter, by the Secretary of Justice;
4. When the court remanded the case to the Prosecution Office for the required PI, the
Court divested itself of its control and jurisdiction over the case; and
5. The filing of the information is within the discretionary authority of the fiscal
The motions for reconsideration were denied and the order to Pros. Llaguno to conduct a PI
was reiterated
The provincial prosecutor filed a motion to set aside the orders issued by Judge Navarro
stating that:
1. She has no authority to designate a particular prosecutor to handle the case
2. The court will be acting without or with grave abuse of discretion should it insist on
Prosecutor Llaguno to conduct the preliminary investigation
3. The record of said case be forwarded to the Provincial Prosecutions Office for it to
conduct the preliminary investigation
The court denied the motion on the grounds that:
o The case of Abugotal v Tiro which prohibits the courts from appointing a particular fiscal
to conduct the required preliminary investigation, is not in point as the said case refers to
reinvestigation while the instant case refers to preliminary investigation
The People of the Philippines, represented by the Sol Gen, filed this petition to seek the
annulment of Judge Navarros orders
W/N the TC committed grave abuse of discretion when it issued various orders
appointing and designating a particular prosecutor to conduct the preliminary
investigation YES
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