Preliminary Investigation Issue:

09 Estrada vs. Ombudsman 1. W/N the Ombudsman acted without or in excess of jurisdiction or grave
January 21, 2015 | abuse of discretion amounting to lack or excess of jurisdiction and
violated his right to constitutional due process.
Doctrine: The quantum of evidence now required in preliminary investigation
is such evidence sufficient to “engender a well-founded belief” as to the fact of
the commission of a crime and the respondent’s probable guilt thereof. A Held:
preliminary investigation is not the occasion for the full and exhaustive display of NO.
the parties’ evidence; it is for the presentation of such evidence only as may  There is no law or rule which requires the Ombudsman to furnish a
engender a well-grounded belief that an offense has been committed and that the
respondent with copies of the counter-affidavits of his co-respondents.
accused is probably guilty thereof.
Sections 3 and 4, Rule 112 of the Revised Rules of Criminal Procedure, as
Facts: well as Rule II of Administrative Order No. 7, Rules of Procedure of the
● On 25 November 2013, the Ombudsman served upon Sen. Estrada a copy Office of the Ombudsman do not provide for the relief sought by Sen.
of the complaint filed by the NBI and Atty. Baligod for Plunder. And on 3 Estrada in his Request.
December 2013, the Ombudsman served upon Sen. Estrada another  It should be underscored that the conduct of a preliminary investigation
complaint for the crime of plunder.
is only for the determination of probable cause, and “probable cause
● Eighteen of Sen. Estrada’s co-respondents in the two complaints filed their
counter-affidavits between 9 December 2013 and 14 March 2014. merely implies probability of guilt and should be determined in a
● On March 20, 2014 Sen. Estrada filed his request to be furnished with summary manner. A preliminary investigation is not a part of the trial
copies of counter affidavits of the other respondents, affidavits of new and it is only in a trial where an accused can demand the full exercise
witnesses and other filings. Sen. Estrada’s request was made "pursuant to of his rights, such as the right to confront and cross-examine his
the right of a respondent ‘to examine the evidence submitted by the accusers to establish his innocence.” Thus, the rights of a respondent in a
complainant which he may not have been furnished’ and to ‘have access to preliminary investigation are limited to those granted by procedural law.
the evidence on record’ based on section 3[b], Rule 112 of the Rules of
Court.  A preliminary investigation is defined as an inquiry or proceeding for the
● The Ombudsman issued an assailed order denying the motion of Estrada purpose of determining whether there is sufficient ground to engender
in response to his request stating that under the Rules on Criminal a well-founded belief that a crime cognizable by the Regional Trial
Procedure and Rules of Procedure of the Office of the Ombudsman, he is Court has been committed and that the respondent is probably guilty
not entitled to be furnished of the copy of all the filings of the respondents. thereof, and should be held for trial. The quantum of evidence now
The rights of respondent Estrada in the conduct of the preliminary required in preliminary investigation is such evidence sufficient to
investigation depend on the rights granted to him by law and these cannot
“engender a well-founded belief” as to the fact of the commission of a
be based on whatever rights he believes that he is entitled to or those that
may be derived from the phrase "due process of law. crime and the respondent’s probable guilt thereof. A preliminary
● On March 28, 2014, the Ombudsman issued a Joint Resolution which investigation is not the occasion for the full and exhaustive display of the
found probable cause to indict Estrada and his co-respondents with one parties’ evidence; it is for the presentation of such evidence only as may
count of plunder and 11 counts of violation of Section 3(e) of RA No. engender a well-grounded belief that an offense has been committed and
3019. Sen. Estrada filed a motion for reconsideration of the joint that the accused is probably guilty thereof. We are in accord with the state
resolution dated 28 March 2014 and dated 7 April 2014. He prayed for the prosecutor’s findings in the case at bar that there exists prima facie
issuance of a new resolution dismissing the charges against him. Without
evidence of petitioner’s involvement in the commission of the crime, it
filing a motion for reconsideration of the Ombudsman’s 27 March 2014
Order denying his request, Sen. Estrada filed the present Petition for being sufficiently supported by the evidence presented and the facts
Certiorari under Rule 65 and sought to annul and set aside the 27 March obtaining therein.
2014 Order.
  The technical rules on evidence are not binding on the fiscal who has ammunitions is Affirmed except that petitioner’s indeterminate penalty is Modified
jurisdiction and control over the conduct of a preliminary investigation. If to ten years and one day as minimum, to 18 years, 8 months, and 1 day as
by its very nature a preliminary investigation could be waived by the maximum.
accused, we find no compelling justification for a strict application of the
Notes
evidentiary rules. Other issues: License to carry
 The quantum of evidence in preliminary investigations is not akin to those - 2 requisites for illegal possession
in administrative proceedings as laid down in the landmark doctrine 1. Existence of subject firearm
of Ang Tibay.The quantum of evidence needed in Ang Tibay, as amplified 2. Fact that the accused who owed firearm does not have the license or
in GSIS, is greater than the evidence needed in a preliminary investigation permit to possess
- Firearms were seized in a valid warrantless arrest
to establish probable cause, or to establish the existence of a prima facie
- Padilla’s permit (Mission Order and Memorandum Receipt) were mere
case that would warrant the prosecution of a case. Ang Tibay refers to afterthoughts and issued under suspicious circumstances. They were
“substantial evidence,” while the establishment of probable cause needs issued AFTER he had been arrested nor did Padilla take the witness stand
“only more than ‘bare suspicion,’ or ‘less than evidence which would to explain his possession.
justify . . . conviction’.” In the United States, from where we borrowed the - Mission Order and Memorandum Receipt came from an unauthorized
concept of probable cause, the prevailing definition of probable cause is source and his name does not appear in the list of Civilian Agents.
this: - They were fabricated pieces of evidence since the testimony of the Chief
of the records branch of the Firearms and Explosives office (FEO) of the
In dealing with probable cause, however, as the very name implies, we
PNP declared that the firearms were not licensed or registered in Padilla’s
deal with probabilities. These are not technical; they are the factual and name.
practical considerations of everyday life on which reasonable and prudent - Testimony by FEO that a person is not a licensee of any firearms would
men, not legal technicians, act. The standard of proof is accordingly suffice to prove beyond reasonable doubt the second element of illegal
correlative to what must be proved. possession.
 Thus, probable cause can be established with hearsay evidence, as long as - Certification may be dispensed with since an M-16 rifle and any short
firearm higher than a .38 caliber cannot be licensed to a civilian.
there is substantial basis for crediting the hearsay. Hearsay evidence is
admissible in determining probable cause in a preliminary investigation
because such investigation is merely preliminary, and does not finally
adjudicate rights and obligations of parties. However, in administrative
cases, where rights and obligations are finally adjudicated, what is
required is “substantial evidence” which cannot rest entirely or even
partially on hearsay evidence. Substantial basis is not the same as
substantial evidence because substantial evidence excludes hearsay
evidence while substantial basis can include hearsay evidence. To require
the application of Ang Tibay, as amplified in GSIS, in preliminary
investigations will change the quantum of evidence required in
determining probable cause from evidence of likelihood or probability of
guilt to substantial evidence of guilt.

Dispositive
WHEREFORE, premises considered, the decision of the CA sustaining petitioner’s
conviction by the lower court of the crime of illegal possession of firearms and