PCI JIMMY M. FORTALEZA AND SPO2 FREDDIE A. NATIVIDAD, VS. HON. RAUL M. GONZALEZ IN HIS CAPACITY AS THE SECRETARY OF JUSTICE AND ELIZABETH N. OROLA VDA. DE SALABAS.

Ruling

WHEREFORE, premises considered, the assailed resolution is hereby MODIFIED. The Provincial Prosecutor of Negros Oriental is hereby ordered to file an amended Information for Kidnapping with Murder against the following respondents: P/INSP. CLARENCE DONGAIL, MANOLO G. ESCALANTE, RONNIE HERRERA, SPO2 FREDDIE NATIVIDAD, SPO4 JIMMY FORTALEZA, JULY ("Kirhat" dela Rosa) FLORES, CARLO "Caloy" DE LOS SANTOS, PO1 BERNARDO CIMATU, PO2 ALLEN WINSTON HULLEZA, INSP. JONATHAN [LORILLA], LORRAINE "LULU" ABAY, MANERTO, ELMA, ELSON ALL SURNAME(D) CANETE, and JUDE MONTILLA and report the action taken within ten (10) days from receipt hereof. [8] PCI Jimmy Fortaleza and SPO2 Freddie Natividad filed a Petition for Certiorari under Rule 65 with the Court of Appeals challenging the October 2, 2006 Resolution of the Secretary of Justice on the following grounds: (1) the Secretary of Justice erred in entertaining the case despite the fact that complainant Orola-Salabas did not file a Petition for Review; (2) the August 9, 2004 resolution of the Negros Oriental Provincial Prosecution Office had already become final; and (3) PCI Jimmy Fortaleza and SPO2 Freddie Natividad were not informed of the alleged Petition for Review. The Petition was docketed as CA-G.R. CEB-SP No. 02203. In the meantime, PS/Insp. Clarence Dongail, P/Insp. Jonathan Laurella, PO3 Allen Winston Hulleza and PO2 Bernardo Cimatu appealed the same October 2, 2006 Resolution of the Secretary of Justice before the Office of the President. The appeal was docketed as O.P. Case No. 06-J-380. On August 16, 2007 , the Court of Appeals rendered its Decision dismissing the Petition for Certiorari for lack of merit. The appellate court held that the Secretary of Justice has the power of supervision and control over prosecutors and therefore can motu proprio take cognizance of a case pending before or resolved by the Provincial Prosecution Office. The Court of Appeals also noted that the power of supervision and control over prosecutors applies not only in the conduct of the preliminary investigation, but also in the conduct of the reinvestigation. Pursuant to the Order of the RTC ordering reinvestigation, it is clear that the reinvestigation stage has not been terminated, and the power of control of the Secretary of Justice, allowing it to act on the reinvestigation motu proprio , continues to apply. Finally, since the case involves the exercise of the Secretary of Justice's power of control and does not involve a Petition for Review, the requirement of furnishing copies of said Petition for Review to the respondents do not apply in the case at bar. PCI Jimmy Fortaleza and SPO2 Freddie Natividad filed with this Court a Petition for Review under Rule 45 challenging the August 16, 2007 Decision of the Court of Appeals. The Petition was docketed as G.R. No 179287. On September 19, 2007, the Office of the President, through Executive Secretary Eduardo Ermita, rendered its Decision in O.P. Case No. 06-J-380 setting asid