Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 50)
The main purpose is to clarify the jurisdiction and procedural guidelines for the investigation and prosecution of crimes committed by members of the Philippine National Police (PNP), particularly reconciling views on the jurisdiction of regular courts versus the Sandiganbayan as per RA 6975.
Investigators and prosecutors of both the Department of Justice and the Office of the Ombudsman have concurrent jurisdiction to investigate any criminal complaint against PNP members, regardless of the nature of the offense.
The term 'regular courts' as used in the context of Section 46 of RA 6975 is not clearly or categorically defined; it is suggested to mean civilian courts as distinct from military courts, and the earlier interpretation excluding the Sandiganbayan is corrected.
The Sandiganbayan has exclusive jurisdiction over cases falling within its original jurisdiction under Section 4 of PD 1606, as amended by PD 1861, which involve members of the PNP.
If the offense involved falls within the exclusive jurisdiction of the Sandiganbayan, the Office of the Ombudsman may take over the investigation at any stage of the proceeding.
The Office of the Ombudsman, through its Office of the Special Prosecutor or any prosecutor designated by the Ombudsman, is responsible for the filing and prosecution of such cases in the Sandiganbayan.
The problematic interpretation was that crimes committed by PNP members fall exclusively under the jurisdiction of regular courts (other than the Sandiganbayan), effectively excluding the Sandiganbayan's jurisdiction, which was contrary to relevant statutes and caused confusion.
The Joint Circular amends DOJ Memorandum Circular No. 10 insofar as it is inconsistent with this clarification, particularly on issues of jurisdiction over PNP cases.
The statements in DOJ Circular No. 10 that the Ombudsman may not take over investigations of cases not cognizable by the Sandiganbayan are deemed subject to future clarification or determination by competent authorities, indicating openness for further review.
To avoid unnecessary discussions, confusion, unwanted delays in prosecution, and to ensure proper and efficient investigation and prosecution of criminal cases involving PNP members.