Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution
OMBUDSMAN ADMINISTRATIVE ORDER NO. 03-89 outlines the procedures for the assignment and handling of Ombudsman cases by deputized prosecutors in the Philippines. It mandates that all cases referred to these prosecutors be sent directly to the relevant Provincial or City Prosecutor, who may handle the case personally or delegate it to an assistant. The order stipulates that preliminary investigations require clearance from the Ombudsman or Deputy Ombudsman, and no court filings can occur without the Ombudsman's approval. Additionally, it emphasizes the importance of fair case distribution and managing potential conflicts of interest among prosecutors. This order took effect on March 1, 1989, while previous referrals remain valid until their investigations conclude.
Quick Answers
- What is Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution about?
- OMBUDSMAN ADMINISTRATIVE ORDER NO. 03-89 outlines the procedures for the assignment and handling of Ombudsman cases by deputized prosecutors in the Philippines. It mandates that all cases referred to these prosecutors be sent directly to the relevant Provincial or City Prosecutor, who may handle the case personally or delegate it to an assistant. The order stipulates that preliminary investigations require clearance from the Ombudsman or Deputy Ombudsman, and no court filings can occur without the Ombudsman's approval. Additionally, it emphasizes the importance of fair case distribution and managing potential conflicts of interest among prosecutors. This order took effect on March 1, 1989, while previous referrals remain valid until their investigations conclude.
- What type of law is Ombudsman Administrative Order No. 03-89?
- Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution (Ombudsman Administrative Order No. 03-89) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution enacted?
- Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution (Ombudsman Administrative Order No. 03-89) was enacted on Mar 1, 1989.
- What is the citation for Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution?
- Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution, Ombudsman Administrative Order No. 03-89, Mar 1, 1989 (Philippines)
Law Information
- Reference Number
- Ombudsman Administrative Order No. 03-89
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Ombudsman
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 1, 1989
OMBUDSMAN ADMINISTRATIVE ORDER NO. 03-89
| TO | : | The Office of the Special Prosecutor |
| SUBJECT | : | Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution |
In the interest of the service, the assignment and handling of cases referred to Deputized Ombudsman Prosecutors in the offices of Provincial or City Prosecutors shall henceforth be in accordance with the following rules:
1. All Ombudsman cases referred for preliminary, investigation or prosecution to deputized Ombudsman prosecutors shall be sent directly to the Provincial or City Prosecutor concerned.
2. All Provincial and City Prosecutors and their assistants are hereby deputized Ombudsman prosecutors.
3. The Provincial or City Prosecutor may either handle the case personally or assign it to any one of his assistants. In making the assignment, due regard should be given to the relative importance of the case, the possible personal interest the assigned Investigator may have therein, the equitable distribution of Tanodbayan cases and such other factors to assure the speedy and competent handling of such cases.
4. The resolution in any Ombudsman case submitted by an investigating assistant prosecutor shall bear the recommendation of the Provincial or City Prosecutor for its approval by the Special Prosecutor and by the Ombudsman.
5. Before conducting the preliminary investigation in any Ombudsman case filed directly with the office of the Provincial or City Prosecutor, clearance must first be obtained either from the Ombudsman, or the Deputy Ombudsman of the Area.
6. An Ombudsman case is one falling within the exclusive jurisdiction of the Office of the Ombudsman.
7. A motion for the disqualification, or a voluntary inhibition of an assistant prosecutor, shall be addressed to and resolved by the Provincial or City Prosecutor concerned.
8. No information in any Ombudsman case may be filed in court without the prior approval of the Ombudsman.
9. This Administrative Order shall take effect on date hereof. However, all previous referrals or clearances for preliminary investigation granted to any Deputized Tanodbayan prosecutor shall continue to be effective until the termination of the preliminary investigation concerned.
Makati, Philippines, March 1, 1989.
(SGD.) CONRADO M. VASQUEZOmbudsman
Cite This Law
Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution, Ombudsman Administrative Order No. 03-89, Mar 1, 1989 (Philippines)
Assignment and Handling of Ombudsmen Cases Referred to Deputized Prosecutors for Preliminary Investigation and Prosecution, Ombudsman Administrative Order No. 03-89 (Phil. 1989)
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