Question & AnswerQ&A (OB MEMORANDUM OF AGREEMENT)
The Office of the Ombudsman and the Civil Service Commission.
To coordinate their common fight against graft and corruption and avoid duplication of functions that may cause conflicting decisions and wastage of government resources.
The Civil Service Commission shall take cognizance of administrative cases involving employees belonging to the first level as defined under Section 2(a), Rule II, of the Omnibus Rules Implementing Book V of EO 292. It also handles second and third-level public officials and employees (non-presidential appointees) for acts enumerated under specific laws, excluding certain offenses assigned to the Ombudsman.
Complaints filed against high-ranking government officials and those occupying supervisory positions, complaints involving grave offenses, and complaints involving large sums of money and/or properties.
Direct, indirect, and qualified bribery; frauds and illegal exactions; malversation involving amounts over PhP100,000; conflict of interest; homicide and murder; corrupt practices; unexplained wealth; violation of procurement rules; violation of the Anti-Money Laundering Act; and violation of RA 7080 on Plunder.
The Ombudsman shall have jurisdiction over cases involving multiple charges, which may include any offenses enumerated under the Ombudsman's jurisdiction paragraph.
Preference of jurisdiction is enjoyed by the office that exercises authority over the highest-ranked respondent.
A Certificate of Non-Forum Shopping is required for all administrative complaints filed either with the Ombudsman or the Civil Service Commission.
The Commission may refer the criminal aspect of the case to the Ombudsman and transmit the certified true copies of case records to the Ombudsman for further action.
The Ombudsman and the Commission exchange monthly lists of administrative cases, notify each other of developments, and conduct appropriate investigations. The Ombudsman may conduct administrative adjudication for cases investigated in inquest proceedings without referral to the Commission but shall report to it accordingly.
It shall take effect after fifteen (15) days from its publication in the Official Gazette and upon filing of three certified copies with the UP Law Center, applying only to cases filed after its effectivity.