MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement made and entered into by and between:
THE OFFICE OF THE OMBUDSMAN (0MB), with ofce address at
Ombudsman Building, Agham Road, Diliman, Quezon City, represented
byOmbudsman Conchita Carpio Morales, and THE DEPARTMENT OF
JUSTICE (DOJ), with ofce address at PadreFaura Street, Manila,
represented by Secretary Leila M. De Lima, WITNESSETH:
WHEREAS, the Constitution and Republic Act No. 6770, otherwise known as
The Ombudsman Act of 1989 provide that the Ombudsman (OMB) is the
ofce primarily charged to implement the State policy to maintain honesty
and integrity in the public service and take effective measures against graft
and corruption;
WHEREAS, the Department of Justice (DOJ) is the principal agency of the
government mandated to enforce the rule of law and investigate and
prosecute offenders pursuant to Section 3, Chapter 1, Title III, Book IV of the
Administrative Code of 1987 (Executive Order No. 292);
WHEREAS, the OMB and the DOJ have concurrent jurisdiction over
complaints for crimes involving public ofcers and employees falling outside
the exclusive jurisdiction of the Sandiganbayan (see Annex A for the
Jurisdiction of Sandiganbayan);
WHEREAS, in the recently concluded dialogue between the OMB and the
DOJ, several issues were raised relative to jurisdiction over cases subject of
preliminary investigation and prosecution including coordination, reporting,
and monitoring of cases led before the OMB and the DOJ;
WHEREAS, in the course of the dialogue, both the OMB and the DOJ
recognized the need to clarify the exercise of concurrent jurisdictions over
criminal cases involving public ofcers and employees;
WHEREAS, there is a need to simplify the procedures to be observed by the
OMB and the DOJ for a more efcient and effective investigation and
prosecution of such cases, including enhanced monitoring of cases and
improved coordination and reporting between the OMB and the DOJ;
WHEREFORE, recognizing the compelling need to address such issues and
concerns, the DOJ and the OMB have agreed on the following:
A. Jurisdiction
1. The OMB has primary jurisdiction in the conduct of preliminary
investigation and inquest proceedings over complaints for crimes cognizable
by the Sandiganbayan.
2. If, upon the filing of a complaint, the prosecution ofce of the DOJ
determines that the same is for a crime falling under the exclusive jurisdiction
of the Sandiganbayan, it shall advise the complainant to
file it directly with the OMB: Provided, That in case a prosecution office of the
DOJ receives a complaint that is cognizable by the Sandiganbayan, it shall
immediately endorse the same to the OMB...
Provided further, That in cases where there are multiple respondents in a
single complaint and at least one respondent falls within the jurisdiction of
the Sandiganbayan, the entire records of the complaint
shall be endorsed to the OMB.
3. The OMB and the prosecution offices of the DOJ shall haveconcurrent
jurisdiction over complaints for crimes involving public officers and
employees falling outside the exclusive jurisdiction of the
Sandiganbayan: Provided, That the ofce where such a complaint is filed for
preliminary investigation shall acquire jurisdiction over the complaint to the
exclusion of the other: Provided rrther, That the OMB may refer/ endorse
any complaint filed before it to any prosecution office of the DOJ having
jurisdiction over the complaint.
4. The Prosecutor General or provincial/ city prosecutors shall resolve cases
referred by the OMB to the DOJ for preliminary investigation without need of
approval from the OMB.

5. In cases where the preliminary investigation was conducted by the OMB

but referred to the DOJ for prosecution, reinvestigation, if ordered by the
court shall be conducted by the OMB.
Inquest
6. Inquest of complaints for crimes cognizable by the Sandiganbayan shall
be conducted by the OMB: Provided, That inquest of such complaints for
crimes committed outside the National Capital Judicial
Region may be conducted by the city/provincial prosecutors who are
authorized to approve and file the Information before the respective Clerks of
Court of Regional Trial Courts, pursuant to Ombudsman
Administrative Order No. 11-94.
Prosecution
7. The prosecution of cases investigated by the OMB but referred to the DOJ
for prosecution shall be under the full control of the DOJ prosecutor. In case,
however, the court orders a reinvestigation, the same should be referred to
the OMB for disposition / resolution.
8. Actions on incidents during the trial, including those brought before the
appellate courts, shall be in accordance with existing rules of OMB 85 DOJ.
9. The OMB or its sectoral ofces shall transmit/ endorse all case documents
directly to the Provincial or City Prosecutors Ofce which has jurisdiction
over the case and shall furnish a copy of the endorsement and resolution to
the Regional Prosecutors Ofce or the Prosecutor Generals Ofce in cases
over which a Metro Manila City Prosecutors Ofce has jurisdiction. Provided,
That the OMB shall transmit to the DOJ the original copies of the Information
and Resolution and certified true copies of all documentary evidence.
10. The OMB shall ensure compliance with the administrative requirements
of the Clerks of Court as to the number of copies of the Information and
attachments, ling fees, and others.
11. The OMB shall ensure that a motion for reconsideration has been
resolved or the period for filing thereof has lapsed before endorsing an
Information to the DOJ for ling with the proper court.
12. The OMB shall provide complete contact details of all witnesses in cases
referred to the DOJ for prosecution.
B. Monitoring of Cases and Reporting 1. The DO] and the OMB shall
separately maintain a registry of cases referred to each other.
2. The OMB, when endorsing a case to the DOJ for ling of a complaint or
Information with the proper court, shall include therein a return envelope and
a template form for the details of the case to be
accomplished by the DOJ prosecutor and returned to the originating OMB
ofce.
3. For status updates of cases referred to the DOJ prior to this agreement,
the OMB shall furnish the DOJ an inventory of the cases, and the DOJ shall
provide the OMB the case number, the court
where led, the status, and a list of OMB cases not included in the inventory,
if any.
II... Coordination Mechanism
The OMB and the DOJ will coordinate at two levels:
1. Designation of focal points for sharing of information The OMB and the
DOJ shall share lists of cases through the Central Records Division of the
OMB Central Ofce and/ or the Records Unit of sectoral offices and the
Ofce of the Prosecutor General of the DOJ and information on specic
cases through the prosecutors. Both will maintain a registry of OMB cases
turned over to the DOJ for prosecution.
2. Establishment of a Joint Technical Working Group (JTWG) The OMB and
the DOJ shall coordinate on matters relating to the partnership through a
JTWG. The JTWG shall be responsible for
revisiting the MOA, assessing information sharing and reporting concerns,
and policy recommendations. It shall be composed of 10 representatives
from each of the OMB and the DOJ, appointed by
their respective principals who will likewise designate their respective
Chairmen and 'secretariats.
III. Transitory Provisions 1. This Memorandum shall apply prospectively.
2. The OMB and the DOJ shall recommend the designation of special graft
courts for low ranking ofcials: one each for the National Capital Region,
Luzon, Visayas, and Mindanao. The designation of

special courts is expected to assist the two agencies in the monitoring of

cases and lower logistical costs from travel to different courts, at the same
time to better manage security risks of prosecutors needing to go to far ung
courts in pursuit of cases.
IV. Repealing Clause
This supersedes all previous MOA, circulars and other issuances
promulgated by the OMB and DOJ to the extent that they are inconsistent
with the foregoing.
V. Effectivity
This Memorandum of Agreement shall take effect one month after signing by
the parties.
In Witness Whereof, the parties have hereunto set their hands on the date
and at the place above-mentioned.
APPENDIX A
Sandiganbayan Jurisdiction
10 Sec.4 of RA 8249 provides that the Sandiganbayan shall have original
exclusive jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.)Crimes by public ofcers or employees embraced in Ch. II, Sec.2 Title VII,
Bk. II of the RFC (Crimes committed by Public Ofcers) namely:
a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;
b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;
c) Qualied Bribery under Art. 211-A as amended by RA 7659, Dec. 13,
1993;
d) Corruption of public ofcials under Art. 2 1211 where one or more of the
accused are ofcials occupying the following positions in the government
whether in a permanent, acting or interim capacity, at the time of the
commission of the offensezllij l] Ofcials of the executive branch occupying
the positions of regional
director and higher, otherwise classied as Grade 27 and higher, of the
Compensation and Position Classication Act of 1989 Republic Act No.
6758) specically including:
i.Provincial governors, vice-governors, members of the sangguniang
panlalawigan, provincial treasurers, assessors, engineers and other
provincial department heads;
ii.City mayors, vice-mayors, members of the sangguniang panglungsod, city
treasurers, assessors, iii.engineers and other department heads;
iv.Ofcials of the diplomatic service occupying the position of consul and
higher;
v.Philippine Army and Air force colonels, naval captains and al lofcers of
higher rank;
vi.Ofcers of the PNP while occupying the position of Provincial Director and
those holding the rank of Senior Superintendent or higher;
vii.City and provincial prosecutors and their assistants; ofcials and the
prosecutors in the Ofce of the Ombudsman and special prosecutor;

viii. President, directors or trustees or managers of government owned or

controlled corporations, state universities or educational institutions or
foundations.
2) Members of Congress and Ofcials thereof classied as Grade 27 and
upunder the Compensation and Classication Act of 1989;
3) Members of the Judiciary without prejudice to the provision of the
Constitution;
4) Chairmen and members of Constitutional Commissions, without prejudice
to the provision of the Constitution;
5) All other national and local ofcials classied as Grade 27 and higher
under the Compensation and Position Classication Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with other
crimes committed in relation to their ofce by the public ofcials and
employees mentioned above;
V.) Civil and Criminal Cases led pursuant to and in connection with E0 1, 2,
14 85 14-A issued in 1986
VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari,
habeas corpus, injunction and other ancillary writs and processes in aid of its
appellate jurisdiction; Provided, jurisdiction is not exclusive of the Supreme
Court
VII.) Petitions for Quo Warranto arising or that may arise in cases led or that
may be led under E0 1, 2, 14 8514- A
VIII.) OTHERS provided the accused belongs to SG 27 or higher: It]
a) Violation of RA 6713 - Code of Conduct and Ethical Standards
b) Violation of RA 7080 - THE PLUN DER LAW
0) Violation of RA 7659 - The Heinous Crime Law
(1) RA 9 160 - Violation of The Anti-Money Laundering Law when committed
by a public ofcer
e) PD 46 referred to as the gift-giving decree which makes it punishable for
any official or employee to receive directly or indirectly and for the private
person to give or offer to give any gift, present or other valuable thing on any
occasion including Christmas, when such gift, present or valuable thing is
given by reason of his ofcial position, regardless of whether or not the same
is for past favors or the giver hopes or expects to receive a favor or better
treatment in the future from the public ofcial or employee concerned in the
discharge of his ofcial functions. Included within the prohibition is the
throwing of parties or entertainment in honor of the official or employee or his
immediate relatives.
f) PD 749 which grants immunity from prosecution. to any person who
voluntarily gives information about any violation of Art.210, 21 1 or 2 12 of
the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of the Customs and
Tariff Code and other provisions of the said Codes penalizing abuse or
dishonesty on the part of the public ofcials concerned and other laws, rules
and regulations penalizing graft, corruption and other forms of ofcial abuse
and who willingly testies against the public ofcial or employee subject to
certain cOnditions.