Stripping of DOJ power a non-issue for De Lima

MANILA, Philippines - Justice Secretary Leila de Lima doesn’t mind losing the power to conduct preliminary investigation on plunder and graft charges against high-ranking government officials, but clarified her powers were not clipped in the recent Department of Justice (DOJ) memorandum of agreement (MOA) she signed with Ombudsman Conchita Carpio-Morales.

“The DOJ simply confirmed and upheld, in a duly executed MOA with the Ombudsman, the latter’s primary jurisdiction over plunder and graft cases involving high-ranking government officials. Indeed, the preliminary investigation and prosecution of graft cases falling under the original and exclusive jurisdiction of the Sandiganbayan properly belongs to the Ombudsman,” De Lima said in a text message.

She stressed that the new MOA was forged only “to address overlapping of jurisdictions between the two bodies, so that each can focus on the effective discharge of its respective mandates, thereby avoiding confusion and conflicts of decisions.”

But should critics view this development as “clipping of powers of DOJ,” the Justice chief said she wouldn’t mind.

“The DOJ doesn’t mind being ‘stripped’ of authority over certain cases, now that we have an Ombudsman who exhibits a high sense of duty and independence,” she said.

The MOA reportedly gave Morales exclusive authority over cases of plunder, graft, forfeiture of ill-gotten wealth, violations of Republic Act 7659 or the Heinous Crime Law, money laundering, and corruption of public officials.

With the new MOA, the DOJ is also being stripped of any right to handle cases of direct bribery, indirect bribery, qualified bribery and “other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned above.”

The agreement states that such cases involving high-ranking officials and employees falling under the category of Salary Grade 27 belong to the Office of the Ombudsman.

Under the MOA, the anti-graft agency will have “primary jurisdiction in the conduct of preliminary investigation and inquest proceedings over complaints for crimes cognizable by the Sandiganbayan” under Republic Act 8249, the law defining the scope of jurisdiction of the anti-graft court.

Salary Grade 27 refers to city councilors and up for executive positions, colonels and up for the Philippine Army, naval captains and up for the Philippine Navy, and senior superintendents and up for the police, among others.

The MOA states that when complaints involving cases cognizable by the Sandiganbayan are filed before the DOJ, the same shall immediately be endorsed to the Office of the Ombudsman.

In essence, De Lima may no longer order the conduct of a preliminary investigation, which, upon conclusion, is still forwarded to the Office of the Ombudsman for review and approval.

The DOJ earlier investigated the plunder complaint filed against former President and now Pampanga Rep. Gloria Macapagal-Arroyo by tax informant Danilo Lihaylihay in connection with the allegedly questionable P1.8-billion sale of the 54.5-hectare Iloilo Airport to Megaworld Corp. in 2007.

After conducting preliminary investigation, the DOJ recommended the dismissal of the charges and forwarded its findings to the Office of the Ombudsman, which, in February 2012, upheld the DOJ’s recommendations citing lack of merit.

When it comes to cases involving lower-ranking government officials and employees falling under Salary Grade 26 and below, Morales and De Lima agreed to have concurrent jurisdiction.

The MOA states that “the office where such complaint is filed for preliminary investigation shall acquire jurisdiction over the complaint to the exclusion of the other.”

This means that once the DOJ acquires jurisdiction over a particular case, the Prosecutor General or provincial or city prosecutor shall resolve the same without need of approval from the Office of the Ombudsman.