Office of Special Prosecutor - part and parcel of

OMB, it is tasked to prosecute cases of the SB. OMB

may give instructions to the OSP.
MEMORANDUM OF AGREEMENT 5. In cases where the preliminary investigation was conducted by the OMB
but referred to the DOJ for prosecution, reinvestigation, if ordered by the
KNOW ALL MEN BY THESE PRESENTS: court shall be conducted by the OMB.

This Memorandum of Agreement made and entered into by and between: Inquest
6. Inquest of complaints for crimes cognizable by the Sandiganbayan shall
THE OFFICE OF THE OMBUDSMAN (0MB), with office address at be conducted by the OMB: Provided, That inquest of such complaints for
Ombudsman Building, Agham Road, Diliman, Quezon City, represented crimes committed outside the National Capital Judicial
byOmbudsman Conchita Carpio Morales, and THE DEPARTMENT OF Region may be conducted by the city/provincial prosecutors who are
JUSTICE (DOJ), with office address at PadreFaura Street, Manila, authorized to approve and file the Information before the respective Clerks of
represented by Secretary Leila M. De Lima, WITNESSETH: Court of Regional Trial Courts, pursuant to Ombudsman
Administrative Order No. 11-94.
WHEREAS, the Constitution and Republic Act No. 6770, otherwise known as
The Ombudsman Act of 1989 provide that the Ombudsman (OMB) is the Prosecution
office primarily charged to implement the State policy to maintain honesty 7. The prosecution of cases investigated by the OMB but referred to the DOJ
and integrity in the public service and take effective measures against graft for prosecution shall be under the full control of the DOJ prosecutor. In case,
and corruption; however, the court orders a reinvestigation, the same should be referred to
the OMB for disposition / resolution.
WHEREAS, the Department of Justice (DOJ) is the principal agency of the 8. Actions on incidents during the trial, including those brought before the
government mandated to enforce the rule of law and investigate and appellate courts, shall be in accordance with existing rules of OMB 85 DOJ.
prosecute offenders pursuant to Section 3, Chapter 1, Title III, Book IV of the 9. The OMB or its sectoral offices shall transmit/ endorse all case documents
Administrative Code of 1987 (Executive Order No. 292); directly to the Provincial or City Prosecutor’s Office which has jurisdiction
WHEREAS, the OMB and the DOJ have concurrent jurisdiction over over the case and shall furnish a copy of the endorsement and resolution to
complaints for crimes involving public officers and employees falling outside the Regional Prosecutor’s Office or the Prosecutor General’s Office in cases
the exclusive jurisdiction of the Sandiganbayan (see Annex A for the over which a Metro Manila City Prosecutor’s Office has jurisdiction. Provided,
Jurisdiction of Sandiganbayan); That the OMB shall transmit to the DOJ the original copies of the Information
and Resolution and certified true copies of all documentary evidence.
WHEREAS, in the recently concluded dialogue between the OMB and the 10. The OMB shall ensure compliance with the administrative requirements
DOJ, several issues were raised relative to jurisdiction over cases subject of of the Clerks of Court as to the number of copies of the Information and
preliminary investigation and prosecution including coordination, reporting, attachments, filing fees, and others.
and monitoring of cases filed before the OMB and the DOJ; 11. The OMB shall ensure that a motion for reconsideration has been
resolved or the period for filing thereof has lapsed before endorsing an
WHEREAS, in the course of the dialogue, both the OMB and the DOJ Information to the DOJ for filing with the proper court.
recognized the need to clarify the exercise of concurrent jurisdictions over 12. The OMB shall provide complete contact details of all witnesses in cases
criminal cases involving public officers and employees; referred to the DOJ for prosecution.
B. Monitoring of Cases and Reporting 1. The DO] and the OMB shall
WHEREAS, there is a need to simplify the procedures to be observed by the separately maintain a registry of cases referred to each other.
OMB and the DOJ for a more efficient and effective investigation and 2. The OMB, when endorsing a case to the DOJ for filing of a complaint or
prosecution of such cases, including enhanced monitoring of cases and Information with the proper court, shall include therein a return envelope and
improved coordination and reporting between the OMB and the DOJ; a template form for the details of the case to be
accomplished by the DOJ prosecutor and returned to the originating OMB
WHEREFORE, recognizing the compelling need to address such issues and office.
concerns, the DOJ and the OMB have agreed on the following: 3. For status updates of cases referred to the DOJ prior to this agreement,
A. Jurisdiction the OMB shall furnish the DOJ an inventory of the cases, and the DOJ shall
1. The OMB has primary jurisdiction in the conduct of preliminary provide the OMB the case number, the court
investigation and inquest proceedings over complaints for crimes cognizable where filed, the status, and a list of OMB cases not included in the inventory,
by the Sandiganbayan. if any.
2. If, upon the filing of a complaint, the prosecution office of the DOJ II... Coordination Mechanism
determines that the same is for a crime falling under the exclusive jurisdiction The OMB and the DOJ will coordinate at two levels:
of the Sandiganbayan, it shall advise the complainant to 1. Designation of focal points for sharing of information The OMB and the
file it directly with the OMB: Provided, That in case a prosecution office of the DOJ shall share lists of cases through the Central Records Division of the
DOJ receives a complaint that is cognizable by the Sandiganbayan, it shall OMB Central Office and/ or the Records Unit of sectoral offices and the
immediately endorse the same to the OMB... Office of the Prosecutor General of the DOJ and information on specific
Provided further, That in cases where there are multiple respondents in a cases through the prosecutors. Both will maintain a registry of OMB cases
single complaint and at least one respondent falls within the jurisdiction of turned over to the DOJ for prosecution.
the Sandiganbayan, the entire records of the complaint 2. Establishment of a Joint Technical Working Group (JTWG) The OMB and
shall be endorsed to the OMB. the DOJ shall coordinate on matters relating to the partnership through a
3. The OMB and the prosecution offices of the DOJ shall haveconcurrent JTWG. The JTWG shall be responsible for
jurisdiction over complaints for crimes involving public officers and revisiting the MOA, assessing information sharing and reporting concerns,
employees falling outside the exclusive jurisdiction of the and policy recommendations. It shall be composed of 10 representatives
Sandiganbayan: Provided, That the office where such a complaint is filed for from each of the OMB and the DOJ, appointed by
preliminary investigation shall acquire jurisdiction over the complaint to the their respective principals who will likewise designate their respective
exclusion of the other: Provided firrther, That the OMB may refer/ endorse Chairmen and 'secretariats.
any complaint filed before it to any prosecution office of the DOJ having III. Transitory Provisions -
jurisdiction over the complaint. 1. This Memorandum shall apply prospectively.
4. The Prosecutor General or provincial/ city prosecutors shall resolve cases 2. The OMB and the DOJ shall recommend the designation of special graft
referred by the OMB to the DOJ for preliminary investigation without need of courts for low ranking officials: one each for the National Capital Region,
approval from the OMB. Luzon, Visayas, and Mindanao. The designation of
special courts is expected to assist the two agencies in the monitoring of viii. President, directors or trustees or managers of government owned or
cases and lower logistical costs from travel to different courts, at the same controlled corporations, state universities or educational institutions or
time to better manage security risks of prosecutors needing to go to far flung foundations.
courts in pursuit of cases. 2) Members of Congress and Officials thereof classified as Grade 27 and
IV. Repealing Clause upunder the Compensation and Classification Act of 1989;
This supersedes all previous MOA, circulars and other issuances 3) Members of the Judiciary without prejudice to the provision of the
promulgated by the OMB and DOJ to the extent that they are inconsistent Constitution;
with the foregoing. 4) Chairmen and members of Constitutional Commissions, without prejudice
V. Effectivity to the provision of the Constitution;
This Memorandum of Agreement shall take effect one month after signing by 5) All other national and local officials classified as Grade 27 and higher
the parties. under the Compensation and Position Classification Act of 1989.
In Witness Whereof, the parties have hereunto set their hands on the date IV.) Other offenses or felonies whether simple or complexed with other
and at the place above-mentioned. crimes committed in relation to their office by the public officials and
employees mentioned above;
APPENDIX A V.) Civil and Criminal Cases filed pursuant to and in connection with E0 1, 2,
Sandiganbayan Jurisdiction 14 85 14-A issued in 1986
10 Sec.4 of RA 8249 provides that the Sandiganbayan shall have original VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari,
exclusive jurisdiction over: habeas corpus, injunction and other ancillary writs and processes in aid of its
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law); appellate jurisdiction; Provided, jurisdiction is not exclusive of the Supreme
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth); Court
III.)Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that
Bk. II of the RFC (Crimes committed by Public Officers) namely: may be filed under E0 1, 2, 14 8514- A
a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985; VIII.) OTHERS provided the accused belongs to SG 27 or higher: It]
b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985; a) Violation of RA 6713 - Code of Conduct and Ethical Standards
c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13, b) Violation of RA 7080 - THE PLUN DER LAW
1993; 0) Violation of RA 7659 - The Heinous Crime Law
d) Corruption of public officials under Art. 2 1211 where one or more of the (1) RA 9 160 - Violation of The Anti-Money Laundering Law when committed
accused are officials occupying the following positions in the government by a public officer
whether in a permanent, acting or interim capacity, at the time of the e) PD 46 referred to as the gift-giving decree which makes it punishable for
commission of the offensezlfllij l] Officials of the executive branch occupying any official or employee to receive directly or indirectly and for the private
the positions of regional person to give or offer to give any gift, present or other valuable thing on any
director and higher, otherwise classified as Grade 27 and higher, of the occasion including Christmas, when such gift, present or valuable thing is
Compensation and Position Classification Act of 1989 Republic Act No. given by reason of his official position, regardless of whether or not the same
6758) specifically including: is for past favors or the giver hopes or expects to receive a favor or better
i.Provincial governors, vice-governors, members of the sangguniang treatment in the future from the public official or employee concerned in the
panlalawigan, provincial treasurers, assessors, engineers and other discharge of his official functions. Included within the prohibition is the
provincial department heads; throwing of parties or entertainment in honor of the official or employee or his
ii.City mayors, vice-mayors, members of the sangguniang panglungsod, city immediate relatives.
treasurers, assessors, iii.engineers and other department heads; f) PD 749 which grants immunity from prosecution. to any person who
iv.Officials of the diplomatic service occupying the position of consul and voluntarily gives information about any violation of Art.210, 21 1 or 2 12 of
higher; the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of the Customs and
v.Philippine Army and Air force colonels, naval captains and al lofficers of Tariff Code and other provisions of the said Codes penalizing abuse or
higher rank; dishonesty on the part of the public officials concerned and other laws, rules
vi.Officers of the PNP while occupying the position of Provincial Director and and regulations penalizing graft, corruption and other forms of official abuse
those holding the rank of Senior Superintendent or higher; and who willingly testifies against the public official or employee subject to
vii.City and provincial prosecutors and their assistants; officials and the certain cOnditions.
prosecutors in the Office of the Ombudsman and special prosecutor;