Amendment of Section 7 (Motion for Reconsideration), Rule II of Administrative Order No. 07

February 16, 2001

OMBUDSMAN ADMINISTRATIVE ORDER NO. 15-01

AMENDMENT OF SECTION 7, RULE II, ADMINISTRATIVE ORDER NO. 07

WHEREAS, Section 7, Rule II Administrative Order No. 07, as amended by Administrative Order No. 09, on preliminary investigations allows the filing of one motion for reconsideration or reinvestigation of an approved order or resolution within the inextendible period of five (5) days from notice. HIaAED

WHEREAS, Section 7, Rule II, Administrative Order No. 07, as amended, has its basis on Section 27, R.A. No. 6770 (Ombudsman Act of 1989), which provides that "A motion for reconsideration of any order directive or decision of the Office of the Ombudsman must be filed within five (5) days after receipt of written notice. . . .. The above rules may be amended or modified by the Office of the Ombudsman as the interest of justice may require." (Emphasis ours)

WHEREAS, on the matter of appeals from the resolution of prosecutors in the National Prosecution Service, Section 9 of the 2000 NPS RULE ON APPEAL (Department Circular No. 70 dated July 3, 2000) of the Department of Justice (DOJ), consistent with the Rules of Criminal Procedure, provides that "the appeal shall not hold the filing of the corresponding information in court on the basis of the finding of probable cause in the appealed resolution."

WHEREAS, equity and uniformity in the administration of justice require the observance in Ombudsman criminal cases of the same rule on the immediate filing of the information in court upon the finding of probable cause in the resolution, without removing from the accused his privilege to file a motion for reconsideration/reinvestigation upon proper leave of court.

WHEREAS, the records of the courts, particularly the Sandiganbayan, show a high incidence of flight from justice among parties against whom probable cause had been found.

WHEREFORE, pursuant to the above-quoted Section 27, R.A. No. 6770, in the interest of justice, Section 7, Rule II, Administrative Order No. 07 is hereby amended as follows:

"Section 7. Motion for Reconsideration. —

a) Only one motion for reconsideration or reinvestigation of an approved order or resolution shall be allowed, the same to be filed within five (5) days from notice thereof with the Office of the Ombudsman, or the proper Deputy Ombudsman as the case may be, with corresponding leave of court in cases where the information has already been filed in court;

b) The filing of a motion for reconsideration/reinvestigation shall not bar the filing of the corresponding information in Court on the basis of the finding of probable cause in the resolution subject o f the motion."

This Administrative Order shall take effect upon publication in a newspaper of general circulation in the Philippines.

February 16, 2001. CDHacE

 

(Sgd.) ANIANO A. DESIERTOOmbudsman