Concepcion v. Gonzales

Summary

This case involves the scope of prosecutorial authority regarding subpoena powers. The City Fiscal of Manila issued a subpoena duces tecum to Francisco F. Gonzales IV, corporate secretary of Avegon, Inc., requiring production of corporate records in connection with a criminal case already filed in court. When Gonzales failed to appear, he was cited for contempt. The CFI Manila found him guilty and imposed penalties. However, the Supreme Court reversed, ruling that the City Fiscal's authority to issue subpoenas is limited to preliminary investigations only. Once a criminal information is filed in court, the investigation becomes judicial, and only the court has authority to issue processes. The decision establishes important boundaries between prosecutorial and judicial powers in Philippine criminal procedure, preventing prosecutorial overreach and protecting against fishing expeditions for evidence.