DOJ, Ombudsman MOA clarifies jurisdiction over Sandiganbayan cases

By Mylen P. Manto/MIT | Updated April 23, 2012 - 12:00am

http://www.philstar.com/cebu-news/799504/doj-ombudsman-moa-clarifies-jurisdiction-oversandiganbayan-cases

Office of the Ombudsman will have primary jurisdiction in the conduct of preliminary
investigation and inquest proceedings over complaints for crimes cognizable by the
Sandiganbayan.
the DOJ will immediately endorse the complaint to the Office of the Ombudsman if cases
filed were cognizable by the Sandiganbayan.
Cases considered under the jurisdiction of the Sandiganbayan are those involving
violations of Republic Act (RA) 3019 known as Anti-Graft and Corrupt Practices Act, RA
1379 which involves illegally acquired wealth as well as crimes committed by public
officers such as Direct Bribery, Indirect Bribery, Qualified Bribery and Corruption of
Public Officials.
Also under the jurisdiction of the Sandiganbayan are other crimes committed in relation
to office with salary grade of 27 and above and violations of the Code of Conduct and
Ethical Standards, Plunder Law, Heinous Crime Law, violation of Anti-Money Laundering
when committed by a public officer, prohibition against gift-giving and law granting
immunity to bribe-givers who voluntarily gives information.
As for complaints filed outside the jurisdiction of the Sandiganbayan, the DOJ and the
Office of the Ombudsman has the authority to conduct the preliminary investigation and
inquest proceedings. These complaints may then be filed to either of the two offices.
The two officials also agreed that the Office of the Ombudsman and the DOJ shall have
concurrent jurisdiction over cases involving public officials falling outside the exclusive
jurisdiction of the Sandiganbayan.