Title
Jurisdiction Agreement: Ombudsman and CSC
Law
Ob Memorandum Of Agreement
Decision Date
Mar 4, 2004
The Office of the Ombudsman and the Civil Service Commission establish a collaborative framework to address administrative disciplinary jurisdiction over public officials, ensuring efficient handling of corruption cases while delineating their respective responsibilities to prevent duplication and resource wastage.
administrative law
civil service
ombudsman

Constitutional mandates and RA 6770 basis

  • The Agreement is anchored on the constitutional mandates of both the Ombudsman and the CSC to eradicate graft and corruption and to promote morale, accountability, and high standards of ethics and efficiency in government.
  • The Agreement recognizes that under Section 15 of Republic Act No. 6770, the Ombudsman must prioritize complaints filed against high-ranking officials and/or those occupying supervisory positions, and complaints involving grave offenses or large sums of money and/or properties.
  • The Ombudsman may request assistance from any government agency in the discharge of its prioritized complaints.
  • The Agreement aims to avoid duplication of functions that may cause conflicting decisions and waste of government resources.
  • The Agreement requires close coordination between the Ombudsman and the CSC to fight graft and corruption in the bureaucracy.

Jurisdiction rules: first level

  • 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.
  • Where there are mixed first level and higher level party-respondents, preference of jurisdiction is given to the office that exercises authority over the highest-ranked respondent, consistent with the rules stated in the Agreement.

Jurisdiction rules: second and third level

  • The Office of the Ombudsman shall take cognizance of complaints involving public officials and employees belonging to the second and third level positions as defined under Sections 2(b) and 2(c), Rule II, of the Omnibus Rules Implementing Book V of EO 292.
  • The Ombudsman’s jurisdiction under this Agreement covers the following acts or omissions:
    • Direct, indirect and qualified bribery.
    • Frauds and illegal exactions, including:
      • Demanding payment of sums different or larger than those authorized by law.
      • Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected officially.
      • Using any deceitful schemes in entering into an agreement/contract with any interested party, to defraud the government.
    • Malversation or illegal use of public funds or property where the amount involved is more than ONE HUNDRED THOUSAND PESOS (PhP100,000.00).
    • Conflict of interest and divestment.
    • Homicide and murder.
    • Corrupt practices, including:
      • Accepting gift, present, share, percentage or other pecuniary or material benefit for himself or for any other person.
      • Causing any undue injury to any private party, including the Government, or giving any private party any unwarranted benefits, advantage or preference through manifest partiality, evident bad faith or gross inexcusable negligence.
      • Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same.
    • Unexplained wealth.
    • Violation of procurement rules and regulations.
    • Violation of the Anti-Money Laundering Act of 2001 under RA 9160 as amended.
    • Violation of RA 7080 or the law penalizing the crime of Plunder.
  • In cases with multiple charges that may include offenses enumerated above, the Ombudsman has jurisdiction.

Jurisdiction rules: CSC second and third level cases

  • The Civil Service Commission shall take cognizance of administrative cases involving public officials and employees belonging to second and third level positions (non-presidential appointees) as defined under Sections 2(b) and 2(c), Rule II, of the Omnibus Rules Implementing Book V of EO 292.
  • The CSC covers acts or omissions enumerated under:
    • Section 46(b), Chapter 7 of Book V of EO 292,
    • Rule X of the Implementing Rules and Regulations of RA No. 6713, and
    • RA No. 7877.
  • The CSC excludes the acts or omissions enumerated under the Ombudsman’s enumerated paragraph (the Agreement’s paragraph listing the Ombudsman’s jurisdiction offenses).

Referral and coordination when jurisdiction is shared

  • If a case is not covered by the Agreement’s first-level rule or its second/third-level rules on the Ombudsman and CSC, the office that first acquired jurisdiction shall conduct the investigation to the exclusion of the other.
  • When an administrative case is referred, the referring body is subject to:
    • The body to whom the case was referred shall have supervision and control over the investigation, adjudication and monitoring of the case and implementation of the decision.
    • The parties involved shall be notified of the referral **pursuant to Section 5(a) of RA 6713.
  • Where the CSC finds the respondent guilty in administrative cases adjudicated by it, it may, at its discretion, refer the case to the Ombudsman for the criminal aspect.
  • When the CSC refers for the criminal aspect, the CSC shall transmit to the Ombudsman certified true copies of the records.
  • After referral, the Ombudsman shall act through its Fact-Finding Intelligence and Research Office (FIRO), which shall:
    • Review the records.
    • Prepare the necessary Affidavit-Complaint and act as the nominal complainant if the evidence warrants.
    • Conduct fact-finding investigation if FIRO finds it necessary.

Forum shopping control and non-forum requirement

  • For all administrative complaints filed either with the Ombudsman or the CSC, a Certificate of Non-Forum Shopping is required to ensure exclusive jurisdiction over a case and to avoid duplication of actions.
  • The Agreement provides that the Ombudsman and the CSC act on administrative complaints against their officials and employees irrespective of salary grade, consistent with their primary disciplinary authority.

Dismissals, appeals, and information-sharing

  • If an administrative case is dismissed because the complaint was filed after the respondent’s retirement, resignation, or expiration of term, or due to technical grounds such as forum shopping, res judicata, or the exercise of concurrent jurisdiction by the agency concerned, the CSC shall refer to the Ombudsman the case.
  • The CSC shall refer the dismissed case to the Ombudsman if, based on the CSC’s judgment and discretion, there is a need for the Ombudsman to act on its criminal aspect.
  • In appealed cases where the CSC’s action results in affirmation of the penalty or exoneration of the respondent, the CSC shall promptly inform the Ombudsman for information and guidance.

Special Ombudsman referrals: LGU non-implementation

  • The Ombudsman shall take cognizance of cases referred to it by the CSC relative to the refusal or non-implementation of CSC resolutions by Local Government Units (LGUs).

Ombudsman inquest and administrative adjudication

  • In inquest criminal proceedings conducted by the Ombudsman, where the cases may entail possible administrative liability, the Ombudsman shall conduct the appropriate administrative adjudication without referring it to the CSC.
  • For such inquest cases, the Ombudsman shall make the appropriate report to the CSC.

Monitoring, annual review, and termination

  • For effective coordination and monitoring, the Ombudsman and CSC shall exchange a monthly list of administrative cases received.
  • The parties shall conduct an annual review of the Agreement to ensure that its objectives are met.
  • Either party may terminate the Agreement upon thirty (30) days written notice.

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