Interpretation of "Regular Courts" in Relation to Jurisdiction
- The term "regular courts" in Section 46 of RA 6975 was construed to mean courts other than the Sandiganbayan.
- This construction conflicted with statutes governing the Office of the Ombudsman and the Sandiganbayan jurisdiction.
- The law does not clearly define "regular courts," which may imply civilian courts distinguishable from military courts.
Avoiding Jurisdictional Conflicts and Delays
- The differing views on jurisdiction risk causing unnecessary legal discussions and prosecutorial delays.
- To resolve this, the DOJ and the Office of the Ombudsman agreed upon coordinated guidelines for handling cases involving PNP members after consultations.
Concurrent Jurisdiction of DOJ and Ombudsman Investigators and Prosecutors
- Both DOJ and Office of the Ombudsman investigators and prosecutors have concurrent authority to investigate any criminal complaint against PNP members, regardless of the nature or penalty of the offense.
Ombudsman’s Authority in Cases Under Sandiganbayan Jurisdiction
- If the offense falls under the exclusive jurisdiction of the Sandiganbayan pursuant to Section 4 of PD 1606 (as amended by PD 1861), the Ombudsman may take over investigations being conducted by DOJ prosecutors at any stage.
Prosecution Responsibilities in the Sandiganbayan
- Filing of information and prosecution in the Sandiganbayan are the responsibility of the Office of the Ombudsman, either through its Office of the Special Prosecutor or prosecutors designated by the Ombudsman.
Amendment and Clarification of DOJ Memorandum Circular No. 10
- Statements in DOJ Circular No. 10 limiting the Ombudsman’s power to take over investigations in cases not cognizable by the Sandiganbayan are subject to future clarification.
- DOJ Memorandum Circular No. 10 is deemed amended as to inconsistencies caused by this joint circular.
Implementation and Guidance
- The joint circular was signed and adopted on October 14, 1991 by the Acting Secretary of DOJ and the Ombudsman.
- The circular aims to ensure clear guidelines and avoid jurisdictional conflicts in the prosecution of crimes involving PNP members.