Title
Mandatory Criminal Charges for Corrupt Officials
Law
Executive Order No. 390
Decision Date
Apr 26, 1972
Ferdinand E. Marcos mandates the filing of criminal complaints against government personnel charged with administrative offenses involving dishonesty, corruption, or moral turpitude to ensure accountability and restore public trust in government.

Policy basis for mandatory criminal filings

  • The order is premised on the observation that government personnel have been charged administratively without the corresponding criminal complaints being filed even when the administrative case involves dishonesty, corrupt or immoral acts punishable under penal laws.
  • The order states that such omission is not conducive to good government because it can enable dishonest or corrupt respondents to avoid penal sanction in proper cases.
  • The order declares that full application of the law is demanded by sound public administration to upgrade the public service and enhance public faith in the Government.

Coverage: when criminal complaints must be filed

  • Executive Order No. 390 applies in all instances where administrative cases are filed against government personnel involving dishonesty, corruption, or moral turpitude.
  • The order requires that the corresponding criminal complaints must be filed against the same erring personnel in such instances.
  • The trigger is the filing of an administrative case; the criminal filing must correspond to it when the administrative case involves the stated grounds.
  • The order links the requirement to offenses that are punishable under penal laws involving dishonest, corrupt, or immoral acts.

Who must enforce implementation

  • Department Secretaries must see to the due enforcement or implementation of the order.
  • Heads of government agencies, whether national or local, must see to due enforcement or implementation.
  • Enforcement is required in “all instances” within the order’s coverage, meaning the directive operates across government levels covered by the named officials.

Operative duty and required outcome

  • Government personnel charged administratively for conduct involving dishonesty, corruption, or moral turpitude must also face the corresponding criminal complaint.
  • The requirement is mandatory: the order uses a directive that criminal complaints must be filed when the specified administrative grounds are involved.
  • The criminal complaint must be filed against such erring personnel who are the respondents in the administrative case.

Final clauses and signatories

  • The order is signed by President Ferdinand E. Marcos.
  • It is attested by Ronaldo B. Zamora, Acting Assistant Executive Secretary.

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