Question & AnswerQ&A (OTO OFFICE ORDER NO. 39-05)
The scope includes Philippine Army and Air Force Colonels and Captains of the Philippine Navy; Officers of the Philippine National Police holding the rank of Senior Superintendent; and Officers of the Bureau of Jail Management and Penology and the Bureau of Fire Protection holding the rank of Senior Superintendent, as the highest ranking respondent.
The Deputy Ombudsman for MOLEO can approve cases where (a) the maximum imposable penalty for the offense charged is imprisonment for six years or less, or (b) the offense charged is Malversation of Public Funds or Property under Article 217 of the Revised Penal Code or Violation of Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act), and the amount involved is Five Hundred Thousand Pesos (₱500,000) or less.
The Deputy Ombudsman for MOLEO is delegated the authority to approve and sign corresponding criminal informations to be filed with regular courts or the Sandiganbayan, subject to review and modification by the Office of the Special Prosecutor for filings with the Sandiganbayan.
The Office of the Special Prosecutor may review and modify the criminal information, subject to their approval, without varying or departing from the content of the basic Resolution, Order or Decision.
It supersedes Office Order No. 03-107 dated 01 October 2003 and Office Order No. 45-04 dated 08 July 2004, regarding the Office of the Deputy Ombudsman for MOLEO.
It took effect retroactively on January 1, 2005.
The penalty limit is imprisonment for six (6) years or less.
Malversation of Public Funds or Property under Article 217 of the Revised Penal Code and Violation of Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act) involving an injury or damage amount of Five Hundred Thousand Pesos (₱500,000) or less.
No, the delegated authority only covers cases where the amount involved is ₱500,000 or less.