Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 50)
The main purpose of the Joint Circular is to clarify the jurisdiction over criminal cases involving members of the Philippine National Police (PNP), resolving differing interpretations regarding whether such cases fall under the exclusive jurisdiction of the regular courts or the Sandiganbayan.
The Joint Circular clarifies DOJ Memorandum Circular No. 10 dated August 19, 1991.
Both the investigators and prosecutors of the Department of Justice and the Office of the Ombudsman have concurrent jurisdiction to investigate any criminal complaint filed against members of the PNP, irrespective of the nature of the offense or penalty prescribed.
Section 46 of RA 6975 was interpreted by DOJ Memo Circular No. 10 to mean that crimes committed by PNP members fall within the exclusive jurisdiction of the regular courts, excluding the Sandiganbayan. The Joint Circular clarifies that this interpretation is not fully consistent with the law governing the Ombudsman and Sandiganbayan jurisdiction.
The Sandiganbayan has exclusive jurisdiction over certain criminal offenses committed by public officials, including some cases involving the PNP, as provided under Section 4 of PD 1606 as amended by PD 1861.
The Office of the Ombudsman may take over the investigation at any stage if the offense falls within the exclusive jurisdiction of the Sandiganbayan pursuant to Section 4 of PD 1606, as amended by PD 1861.
The Office of the Ombudsman, through its Office of the Special Prosecutor or any prosecutor designated by the Ombudsman, is responsible for the filing of information and prosecution of such cases in the Sandiganbayan.
The disputed interpretation is whether "regular courts" include the Sandiganbayan or if it refers only to civil courts excluding the Sandiganbayan. The Joint Circular suggests that "regular courts" may mean civilian courts as opposed to military courts and does not exclude the Sandiganbayan for jurisdiction purposes.
The clarification was necessary to avoid unnecessary discussions and delays in prosecuting members of the PNP, since conflicting views on jurisdiction could hinder prompt and proper administration of justice.
DOJ Memorandum Circular No. 10 is deemed amended insofar as it is inconsistent with the guidelines provided by the Joint Circular.