DOJ, Ombudsman MOA clarifies jurisdiction over Sandiganbayan cases

CEBU, Philippines - For more “efficient and effective investigation and prosecution of cases involving government officials and employees,” the Department of Justice (DOJ) and the Office of the Ombudsman signed a memorandum of agreement (MOA) giving the anti-graft office sole jurisdiction over complaints against government employees tried before the Sandiganbayan.

In a press release from the Office of the Ombudsman, it clarified the delineation of responsibilities between both offices.

“Under the MOA, the Office of the Ombudsman will have primary jurisdiction in the conduct of preliminary investigation and inquest proceedings over complaints for crimes cognizable by the Sandiganbayan,” the Ombudsman statement reads.

Ombudsman Conchita Carpio-Morales and Justice Secretary Leila de Lima signed the MOA.

In the said agreement, the DOJ will immediately endorse the complaint to the Office of the Ombudsman if cases filed were “cognizable” by the Sandiganbayan.

Cases considered under the jurisdiction of the Sandiganbayan are those involving violations of Republic Act (RA) 3019 known as Anti-Graft and Corrupt Practices Act, RA 1379 which involves illegally acquired wealth as well as crimes committed by public officers such as Direct Bribery, Indirect Bribery, Qualified Bribery and Corruption of Public Officials.

Also under the jurisdiction of the Sandiganbayan are other crimes committed in relation to office with salary grade of 27 and above and violations of the Code of Conduct and Ethical Standards, Plunder Law, Heinous Crime Law, violation of Anti-Money Laundering when committed by a public officer, prohibition against gift-giving and law granting immunity to bribe-givers who voluntarily gives information.

As for complaints filed outside the jurisdiction of the Sandiganbayan, the DOJ and the Office of the Ombudsman has the authority to conduct the preliminary investigation and inquest proceedings. These complaints may then be filed to either of the two offices.

“The two officials also agreed that the Office of the Ombudsman and the DOJ shall have concurrent jurisdiction over cases involving public officials falling outside the exclusive jurisdiction of the Sandiganbayan,” the press release reads.

The Prosecutor’s Office or the DOJ will then resolve the complaint without any approval from the Office of the Ombudsman. — (FREEMAN)