Assignment and Handling of Ombudsmen Cases referred to Deputized Prosecutors for Preliminary Investigation and Prosecution
The Ombudsman Administrative Order No. 03-A-89 outlines the procedures for handling cases referred to deputized prosecutors for preliminary investigation and prosecution. It specifies that resolutions from Assistant Provincial or City Prosecutors must receive explicit approval from the Provincial or City Prosecutor before being sent to the Office of the Special Prosecutor if they involve offenses under the Sandiganbayan's jurisdiction. Additionally, any preliminary investigations must obtain clearance from the Ombudsman or Deputy Ombudsman, depending on the court's jurisdiction. Finally, all informations filed with the Sandiganbayan require the Ombudsman's approval, while those for ordinary courts may be approved by either the Ombudsman or the Deputy Ombudsman.
Quick Answers
- What is Assignment and Handling of Ombudsmen Cases referred to Deputized Prosecutors for Preliminary Investigation and Prosecution about?
- The Ombudsman Administrative Order No. 03-A-89 outlines the procedures for handling cases referred to deputized prosecutors for preliminary investigation and prosecution. It specifies that resolutions from Assistant Provincial or City Prosecutors must receive explicit approval from the Provincial or City Prosecutor before being sent to the Office of the Special Prosecutor if they involve offenses under the Sandiganbayan's jurisdiction. Additionally, any preliminary investigations must obtain clearance from the Ombudsman or Deputy Ombudsman, depending on the court's jurisdiction. Finally, all informations filed with the Sandiganbayan require the Ombudsman's approval, while those for ordinary courts may be approved by either the Ombudsman or the Deputy Ombudsman.
- What type of law is Ombudsman Administrative Order No. 03-A-89?
- Assignment and Handling of Ombudsmen Cases referred to Deputized Prosecutors for Preliminary Investigation and Prosecution (Ombudsman Administrative Order No. 03-A-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-A-89) was enacted on May 15, 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-A-89, May 15, 1989 (Philippines)
Law Information
- Reference Number
- Ombudsman Administrative Order No. 03-A-89
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Ombudsman
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 15, 1989
OMBUDSMAN ADMINISTRATIVE ORDER NO. 03-A-89
| TO | : | The Office of the Special Prosecutor |
| RE | : | Assignment and Handling of Ombudsmen Cases referred to Deputized Prosecutors for Preliminary Investigation and Prosecution |
Finding the need to clarify Paragraphs 4, 5 and 8 of Administrative Order No. 3 issued on March 1, 1989, the said paragraphs are hereby amended to read as follows:
"4. The resolution in any Ombudsman case investigated by an Assistant Provincial or City Prosecutor shall be submitted to the Provincial or City Prosecutor concerned who shall indicate thereon his approval of (not merely his having 'noted') the same.
If the offense involved falls within the jurisdiction of the Sandiganbayan, the approved resolution, or the resolution prepared by the Provincial or City Prosecutor himself, shall be forwarded to the Office of the Special Prosecutor for the latter's review and recommendation before the same is acted upon by the Ombudsman.
Resolutions involving offenses cognizable by the regional trial courts or municipal trial courts shall be submitted to the Deputy Ombudsman of the area for his approval or disapproval.
"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 from the Ombudsman if the offense involved falls within the jurisdiction of the Sandiganbayan, or from the Deputy Ombudsman of the Area if the offense is cognizable by the ordinary courts. Clearance to conduct the preliminary investigation in any Ombudsman case shall be given on a case-to-case basis. It is not inferred merely from being designated as a deputized Ombudsman investigator.
"8. Informations in cases to be filed with the Sandiganbayan must be approved by the Ombudsman. Those to be filed in the ordinary courts shall bear the approval either of the Ombudsman, or of the Deputy Ombudsman of the Area.
Makati, Metro Manila, May 15, 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-A-89, May 15, 1989 (Philippines)
Assignment and Handling of Ombudsmen Cases referred to Deputized Prosecutors for Preliminary Investigation and Prosecution, Ombudsman Administrative Order No. 03-A-89 (Phil. 1989)
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