Authority of the Secretary of Justice
- The Secretary of Justice can now authorize preliminary investigations of criminal complaints against local elective officials without securing prior presidential clearance.
- Such investigations are conducted with the Office of the Provincial or City Fiscal.
Authority of the Secretary of Local Government and Community Development
- This Secretary may formally investigate administrative complaints against local elective officials without prior presidential clearance.
- He is empowered to suspend the local official during the formal investigation for up to 60 days.
- Suspension may occur if the charge is serious, evidence of guilt is strong, or there are reasonable grounds to believe the official may interfere with the investigation.
Disposition of Administrative Cases
- The Secretary of Local Government and Community Development is authorized to decide administrative cases and impose penalties involving local elective officials except for provincial and city elective officials.
- Prior presidential clearance is not required for penalties except when the penalty is removal or suspension longer than six months.
Jurisdiction of Regular Courts
- The modifications in these instructions shall not affect the jurisdiction of regular courts of justice.
- Existing laws governing court jurisdiction remain unchanged.
Purpose and Legal Effect
- The instructions aim to balance protecting local officials from malicious allegations and enabling the government to efficiently address genuine misconduct.
- These directives are issued pursuant to the constitutional powers of the President of the Philippines.
- They clarify the scope and procedural requirements for investigating and adjudicating cases against local elective officials.