Law Summary
Conditions for Delegation
- Delegation applies when:
- The maximum imposable penalty is imprisonment for six (6) years or less, or
- Offense 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 (P500,000.00) or less.
Authority and Limitations
- Deputy Ombudsman for Military and Other Law Enforcement Offices (MOLEO) given final approval authority over such cases.
- Also delegated authority to approve and sign criminal information for filing with regular courts or the Sandiganbayan.
- Filing with Sandiganbayan subject to review and modification by the Office of the Special Prosecutor but such modification must:
- Not depart from or vary the contents of the original Resolution, Order, or Decision.
- Require approval of the Special Prosecutor.
Reporting Requirements
- Copies of all Resolutions, Decisions, and Orders issued by the Deputy Ombudsman for MOLEO must be submitted monthly to the Tanodbayan (Ombudsman).
Effectivity and Supersession
- This order supersedes Office Order No. 03-107 (October 1, 2003) and Office Order No. 45-04 (July 8, 2004) relative to the authority of the Deputy Ombudsman for MOLEO.
- Retroactive effectivity date is January 1, 2005.
- All final actions taken by the Deputy Ombudsman for MOLEO during the interim period are affirmed.
- The order will remain in effect until revoked by proper authority.
General Provisions
- Delegation applies only in exigency of service unless otherwise ordered by the Tanodbayan.
- Ensures prompt disposition of cases involving given officers under specified parameters and penalties.
- Provides structured review mechanism to safeguard the integrity of criminal filings before specialized courts like the Sandiganbayan.