Natividad v.

Felix
February 4, 1994
Facts:
PNP requested Tarlac Provincial Prosecutor to investigate Mayor Natividads
involvement in the death of Lourdes Aquinos husband, Severino Aquino, at the
Ramos Police Station.
During the investigation, PNP filed another complaint with the Tarlac Municipal
Circuit Court, which directed Mayor Natividads arrest with bail. He posted bail with
the Manila RTC, which later issued an order recalling warrant. After conducting the
preliminary investigation, MCTC determined that there was probable causeto hold
Natividad for murder with bail.
The Provincial Prosecutor approved the filing of information against Natividad and
Llerina in the Tarlac RTC (where Hon. Felix was the judge).Warrant of arrest was
issued.
Upon seeing that the MCTC judge failed to conduct the second staged in the
preliminary investigation, RTC recalled the warrant and remanded the case for
further preliminary investigation. A panel of prosecutors later held that probable
cause exists. The information was amended, additionally charging Cabaong, Llerina
and Millado. An arrest warrant was issued without bail.
Mayor Natividad alleged that there was no preliminary investigation, and that Hon.
Felix had no jurisdiction because it was the Ombudmans, not the provincial
prosecutor, who had jurisdiction to conduct the preliminary investigation and that
the proper court was the Sandiganbayan. Hon.Felix denied Mayor Natividads
motion, and committed the latter to Tarlac Penal Colony.
Issue:
Whether or not Hon. Felex committed grave abuse off discretion in admitting the
amended information filed by the provincial fiscal and in directing Natividads arrest
Held:
No.
Ratio:
The latest law on Sandiganbayan (PD 1606) states that there are 2 requirements for
an offense to fall under the Sandiganbayans jurisdiction: 1) offense committed by
a public officer must be in relation to his office, and 2) that the penalty be higher
that prision correccional or imprisonmentfor 6 years or a fine of P6,000.The
2ndrequirement was met, but the 1strequirement wasnt because the offense

charged was murder. The offense could not have been committed in the
performance of the mayors responsibility to maintain peace and order. The alleged
act doesnt fall under any of the functions of the municipal mayor in the Local
Government Code. Assuming arguendo that the 1 st requirement was satisfied,
Ombudsman has only primary jurisdiction over cases cognizable by the
Sandiganbayan, not exclusive original jurisdiction. The Ombudsman is not an
exclusive authority but a concurrent authority with similarly authorized agencies. He
may take over the investigation at any stage from any investigative government
agency. His investigatory powers are but directory in nature.(Also, Natividad wasnt
denied due process as he has been afforded every opportunity to present his
counter-affidavit. He was notified, but it was he who did not appear.