Jurisdictional Division Based on Employee Levels
- The Civil Service Commission (CSC) has jurisdiction over first-level employees, as defined in the Omnibus Rules implementing Book V of EO 292.
- The Ombudsman exercises jurisdiction over second and third-level officials and employees concerning specific serious offenses.
- In cases involving both first-level and higher-level respondents, the agency with jurisdiction over the highest-ranked official takes precedence.
Specific Offenses Under Ombudsman Jurisdiction
- The Ombudsman handles complaints involving:
- Various forms of bribery (direct, indirect, qualified).
- Frauds and illegal exactions, including demanding unauthorized payments, failure to issue official receipts, and use of deceitful schemes to defraud the government.
- Malversation or illegal use of public funds/property exceeding PHP 100,000.
- Conflict of interest and compulsory divestment.
- Homicide and murder.
- Corrupt practices such as accepting undue gifts or causing injury or unwarranted benefits through bad faith or negligence.
- Contracts manifestly disadvantageous to the government.
- Unexplained wealth.
- Violations of procurement rules and regulations.
- Violations of the Anti-Money Laundering Act (RA 9160) and the law penalizing plunder (RA 7080).
- For multiple charges including the above offenses, the Ombudsman shall have jurisdiction.
Civil Service Commission Jurisdiction on Other Administrative Cases
- CSC handles administrative cases for second and third-level officials who are non-presidential appointees involving offenses under EO 292 Section 46(b), the Code of Conduct and Ethical Standards of 1989 (RA 6713), and RA 7877, except offenses under Ombudsman jurisdiction.
Coordination and Avoidance of Jurisdictional Conflicts
- Cases with overlapping jurisdiction are investigated by the agency that first acquires jurisdiction.
- The receiving agency has exclusive supervision, control, investigation, adjudication, and monitoring authority over referred cases.
- Parties are notified of case referrals in accordance with RA 6713.
- A Certificate of Non-Forum Shopping is required to prevent duplication of complaints.
Primary Disciplinary Authority and Criminal Referrals
- Both agencies exercise primary disciplinary authority over their officials and employees, regardless of salary grade.
- Following a finding of guilt by CSC, it may refer cases to the Ombudsman for criminal prosecution.
- CSC transmits certified records to the Ombudsman, which reviews and may conduct further investigation through its Fact-Finding Intelligence and Research Office (FIRO).
- FIRO prepares affidavits, may conduct fact-finding, and acts as nominal complainant if warranted.
Handling of Dismissed and Appealed Cases
- Cases dismissed for reasons such as retirement or technical grounds may be referred by CSC to the Ombudsman for possible criminal action.
- CSC informs the Ombudsman of final decisions on appeal for information and guidance.
Jurisdiction Over LGU Non-compliance and Inquest Proceedings
- The Ombudsman may take cognizance of LGU refusal or non-implementation of CSC resolutions.
- Inquest proceedings by the Ombudsman that potentially involve administrative liability are adjudicated by the Ombudsman without referral to CSC, but reports are submitted to CSC.
Monitoring, Review, and Termination of Agreement
- Both agencies submit monthly lists of administrative cases received to facilitate coordination.
- An annual review is conducted to assess the effectiveness of their cooperation.
- Either party may terminate the memorandum of agreement with thirty (30) days written notice.
Effectivity and Application
- The agreement takes effect fifteen (15) days after its publication in the Official Gazette and upon the filing of certified copies with the UP Law Center.
- It applies only to cases filed after its effectivity date.