DOF Memorandum Dated April 11, 2014 re: Office Circular No. 7, s. 2014 (Collection of Fees for the Issuance of Ombudsman Clearance) and Memorandum Circular No. 05, s. 2012 (Guidelines on the Issuance of Ombudsman Clearance)

April 22, 2014 BIR MEMORANDUM TO : All Revenue Officials and Employees Concerned SUBJECT : DOF Memorandum Dated April 11, 2014 re: Office Circular No. 7, s. 2014 (Collection of Fees for the Issuance of Ombudsman Clearance) and Memorandum Circular No. 05, s. 2012 (Guidelines on the Issuance of Ombudsman Clearance) For the information and guidance of all concerned, please disseminate in all Bureau Offices the attached copies of the Memorandum dated April 11, 2014 signed by Director IV Lourdes Z. Santiago, Central Administration Office, Department of Finance, relative to the above-mentioned subject matter. You are enjoined to post a copy of this memo together with its attachments in your Office Bulletin Board or in a conspicuous place within your Office to ensure that it shall be given the most extensive publicity possible. (SGD.) CELIA C. KING Deputy Commissioner Resource Management Group ATTACHMENTS Department of Finance April 11, 2014 Memo for : Heads of Offices This Department Heads of Bureaus/Attached Agencies Department of Finance From : Director Lourdes Z. Santiago Subject : Office Circular No. 7, s. 2014 (Collection of Fees for the Issuance of Ombudsman Clearance) and Memorandum Circular No. 05, s. 2012 (Guidelines on the Issuance of Ombudsman Clearance) Attached for information and guidance are copies of Memorandum Circular No. 05 dated October 16, 2012 and Office Circular No. 07 dated January 28, 2014 from the Office of the Ombudsman on the above-captioned subject. TSAHIa (SGD.) LOURDES Z. SANTIAGO Director IV Central Administration Office Office of the Ombudsman OFFICE CIRCULAR NO. 07 Series of 2014 TO : Office of the Overall Deputy Ombudsman All Offices of the Deputy Ombudsmen Finance and Management Information Office General Administration Office Public Assistance and Corruption Prevention Bureau and counterpart bureaus in the area/sectoral offices RE : COLLECTION OF FEES FOR THE ISSUANCE OF OMBUDSMAN CLEARANCE DATE : 28 January 2014 WHEREAS, Memorandum Circular (MC) No. 05, series of 2012, dated 16 October 2012 provided the Guidelines on the Issuance of Ombudsman Clearance to set up control mechanisms in preserving the integrity of the Ombudsman Clearance as an official document used in the processing of appointments, promotions, retirements, transfers, resignations, travels, grant of service awards and scholarships in the public service, and for other purposes; WHEREAS, as a requirement in the application for Ombudsman Clearance, Section 3.B.4 of MC No. 05 includes the payment of processing fee as may be determined and authorized under pertinent issuances; WHEREAS, Section 4 of MC No. 05 states that processing fees shall be charged for the reasonable cost attending the processing of Ombudsman Clearances and Certification; WHEREAS, Section 4 of MC No. 05 also directed the Assistant Ombudsman of the Finance and Management Information Office (FMIO) to study and recommend the schedule of fees to be charged for processing of Ombudsman Clearances and Certifications; WHEREAS, the particular study undertaken by the FMIO revealed the need to collect processing fees based on a schedule depending on the purpose; NOW, THEREFORE, in view of the foregoing, the undersigned hereby approves the following schedule of processing fees for the application of Ombudsman Clearance under MC No. 5: DcTaEH Purpose Amount of Fee Retirement, Resignation, Death Claim, and P100.00 Rationalization Employment, Promotion, Transfer, Appointment, P150.00 Confirmation, Discharge, Foreign Assignment, and Grant of Benefits unrelated to the preceding purpose Foreign Travel, Foreign Assignment, Study P200.00 Grant/Scholarship, Recognition/Awards, Leave Application, Loan Application, Change of Name, Requirements by the Judicial and Bar Council, Civil Service Commission, Career Executive Service Board, Office of the President, Professional Regulation Commission, Governance Commission for GOCCs, Department of Foreign Affairs, Department of Labor and Employment, Bureau of Immigration, Land Transportation Office, National Bureau of Investigation, Philippine National Police, and other agencies, Other Purposes AEScHa Permit to Carry Firearms, Fidelity Bond and Bidding P500.00 Requirement Firearm License P1,000.00 Payment in cash or postal money order (payable to the Office of the Ombudsman) in the exact amount shall be paid to the designated collecting officer who shall issue an official receipt. If payment was made by postal money order, the official receipt shall be attached to the duly issued Ombudsman Clearance or Certification. The FMIO shall devise a provision for the necessary entry and tracking of payment in the online mode of application under Section 3.C.7 of MC No. 5. cCTAIE The suspension of assessment of processing fee (under Section 7 as a transitory provision of MC No. 5) is lifted on the effectivity date of this Office Circular, without prejudice to related provisions under pertinent memoranda of agreement entered into by the Office. This Office Circular shall take effect on February 1, 2014. Applications lodged before the effectivity date shall still be exempt from payment of the processing fee. January 28, 2014, Quezon City, Philippines. (SGD.) CONCHITA CARPIO MORALES Ombudsman Application for Ombudsman Clearance MEMORANDUM CIRCULAR NO. 05 Series of 2012 GUIDELINES ON THE ISSUANCE OF OMBUDSMAN CLEARANCE SEC. 1. Rationale . Consistent with the constitutional provisions on accountability of public officers and in line with the statutory mandate of the Office of the Ombudsman on the enforcement of administrative, civil and criminal liability of public officers, the following set of guidelines in the issuance of Ombudsman Clearance is issued to set up control mechanisms in preserving the integrity of the Ombudsman Clearance as an official document used in the processing of appointments, promotions, retirements, transfers, resignations, travels, grant of service awards and scholarships in the public service, and for other purposes. STIcaE SEC. 2. Ombudsman Clearance, Defined. An Ombudsman Clearance is an official document certifying that a person has no criminal, administrative and forfeiture case/s pending with the Office of the Ombudsman. A case is deemed pending from the time it has been docketed as a criminal, administrative or forfeiture case until a resolution or decision thereof has attained finality in accordance with the rules or, in case of an adverse disposition, the penalty imposed therein has been duly served or fully implemented. If there appears to be such pending case against the applicant, the Office shall instead issue a Certification that he or she has pending criminal, administrative or forfeiture case/s filed with the Office of the Ombudsman. A complaint that is under case build-up or fact-finding investigation, however, shall not be considered a pending case. SEC. 3. Procedure . The following regulations shall be observed in processing applications or requests for issuance of Ombudsman Clearance: A. Who may file : 1. Any person may file an application for his or her own Ombudsman Clearance personally or through a duly authorized representative. 2. Heads of departments, offices, agencies, bureaus, or their duly authorized representatives, with respect to their own personnel or under the terms of existing memoranda of agreement. 3. Chairpersons or duly authorized representatives of the Judicial and Bar Council, Commission on Appointments and other search and selection committees or bodies, as to their respective applicants/nominees. DIHETS Ombudsman officials and employees are prohibited from filing and following up applications on behalf of applicants. B. Requirements : 1. Duly accomplished Application for Ombudsman Clearance (see Annex "A"; downloadable from Office website), if filed by the applicant mentioned in A.1; or a formal request addressed to the Ombudsman, if filed by the requester enumerated in A.2 and A.3; 2. Original or certified true copy of the Service Record with a statement of the date of retirement/resignation, or, where applicable, the personal data or information sheet; 3. Government-issued ID of the applicant, and duly authorized representative under A.1 where applicable; and 4. Payment of the processing fee, as may be determined and authorized under pertinent issuances. C. When and Where to File : An application or request for issuance of Ombudsman Clearance may be filed at any time, except that, for retirement purposes, an application shall be filed not earlier than six (6) months prior to the date of retirement of the applicant. An application for Ombudsman Clearance may be filed with any of the following offices or in such other offices as may be established: 1. Office of the Ombudsman Central Office Quezon City 2. Office of the Deputy Ombudsman for Visayas Cebu TCaSAH 3. Office of the Deputy Ombudsman for Visayas Iloilo Regional Office 4. Office of the Deputy Ombudsman for Visayas Tacloban Regional Office 5. Office of the Deputy Ombudsman for Mindanao Davao 6. Office of the Deputy Ombudsman for Mindanao Cagayan De Oro Regional Office 7. Via on-line at www.ombudsman.gov.ph An Ombudsman Clearance may be personally claimed at any of the offices enumerated under C.1 to C.6. The clearance may also be sent through regular mail or pre-paid private courier service. D. Contents of the Clearance/Certification : 1. The Ombudsman Clearance shall state the: a. name of the person subject of the clearance and, where applicable, his/her agency; b. name of the applicant/requester and the agency represented, if any; c. specific purpose for which the clearance is sought; and d. adverse disposition of any terminated case against the person subject of the clearance, and a statement that the penalty, therein imposed had been duly served or fully implemented. DAEcIS 2. Meanwhile, the Certification shall, in addition to those listed in Section 3.D.1 (a) to (c), contain the following data about his or her pending case: a. docket number; b. title of the case; c. specific charge/s; and d. status of the case and implementation of the imposed penalty, if any. SEC. 4. Processing Fee. As may be allowed under pertinent issuances, processing fees shall be charged for the reasonable cost attending the processing of Ombudsman Clearances and Certifications. The Assistant Ombudsman for finance shall study and recommend the schedule of processing fees to be charged. SEC. 5. Signatories . Unless modified by the Ombudsman through pertinent issuances, the following are the officials authorized to oversee the processing of and validate/sign Ombudsman Clearances and Certifications: 1. Ombudsman Central Office/Luzon/Military Other Law Enforcement Offices: a. Public Assistance and Corruption Prevention Office (PACPO) Assistant Ombudsman b. Public Assistance Bureau (PAB) Director c. Designated PAB officer 2. Ombudsman Visayas: IaDcTC a. Deputy Ombudsman for Visayas b. Head of the Public Assistance bureau/unit c. Chief of the Administrative Division 3. Ombudsman Mindanao: a. Deputy Ombudsman for Mindanao b. Head of the Public Assistance bureau/unit c. Chief of the Administrative Division SEC. 6. Miscellaneous Provision. No Ombudsman Clearance or Certification is required for the payment of the monetized value of the accrued leave credits of a separated public official or employee, which may be subject only to any claim that the paying agency may have against the public official or employee. SEC. 7. Transitory Provisions . This Memorandum Circular shall prospectively apply to applications/requests filed upon effectivity hereof. Pending applications/requests if any, shall be acted upon under this Memorandum Circular insofar as it is beneficial to the applicant/requester. Until such time that the assessment of processing fees have been determined and authorized under pertinent issuances pursuant to Section 4, the requirement under Section 3 (B) (4) shall be suspended and the processing of the application/request shall momentarily be free of charge. SEC. 8. Repealing Clause . All previous issuances inconsistent herewith are hereby repealed or modified accordingly. SEC. 9. Effectivity Clause . This Memorandum Circular shall take effect on December 01, 2012 after fifteen (15) days following the completion of its publication in a newspaper of general circulation and upon filing of three (3) certified copies thereof with the University of the Philippines Law Center. EIAScH October 16, 2012, Quezon City, Philippines. (SGD.) CONCHITA CARPIO MORALES Ombudsman ANNEX A Application for Ombudsman Clearance Information Sheet