Case Digest: Zaldivar v. Sandiganbayan

ISSUE:  Whether or not the Tanodbayan has the authority to conduct preliminary investigations and to direct the filing of criminal cases with the Sandiganbayan 

FACTS:  Zaldivar sought to restrain Sandiganbayan and Tanodbayan Raul Gonzales from proceeding with the prosecution and hearing of criminal cases were filed by said Tanodbayan without legal and constitutional authority. 

   
RATIO DECIDENDI:  Under the Constitution, the Special Prosecutor is a mere subordinate of the Tanodbayan and can investigate and prosecute cases only upon the latter's authority or orders. The Special Prosecutor cannot initiate the prosecution cases but only conduct the same if instructed to do so by the Ombudsman.