Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court
Ombudsman Administrative Order No. 01-89 establishes rules regarding the clearance required for preliminary investigations and court filings by the Office of the Special Prosecutor and deputized Tanodbayan Prosecutors. It states that clearance is implicitly granted for investigations referred by the Ombudsman, while cases filed directly with authorized offices must be forwarded to the Ombudsman for evaluation. For offenses with a short prescription period, deputized prosecutors can conduct investigations without prior clearance, but they must report their actions within ten days. Additionally, any findings of probable cause necessitate specific clearance from the Ombudsman before filing in court, and no dismissals can occur without prior approval. Lastly, no motions for reconsideration are allowed once an information is filed.
Quick Answers
- What is Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court about?
- Ombudsman Administrative Order No. 01-89 establishes rules regarding the clearance required for preliminary investigations and court filings by the Office of the Special Prosecutor and deputized Tanodbayan Prosecutors. It states that clearance is implicitly granted for investigations referred by the Ombudsman, while cases filed directly with authorized offices must be forwarded to the Ombudsman for evaluation. For offenses with a short prescription period, deputized prosecutors can conduct investigations without prior clearance, but they must report their actions within ten days. Additionally, any findings of probable cause necessitate specific clearance from the Ombudsman before filing in court, and no dismissals can occur without prior approval. Lastly, no motions for reconsideration are allowed once an information is filed.
- What type of law is Ombudsman Administrative Order No. 01-89?
- Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court (Ombudsman Administrative Order No. 01-89) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court enacted?
- Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court (Ombudsman Administrative Order No. 01-89) was enacted on Jun 8, 1988.
- What is the citation for Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court?
- Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court, Ombudsman Administrative Order No. 01-89, Jun 8, 1988 (Philippines)
Law Information
- Reference Number
- Ombudsman Administrative Order No. 01-89
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Ombudsman
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 8, 1988
OMBUDSMAN ADMINISTRATIVE ORDER NO. 01-89
TO : The Office of the Special Prosecutor and Deputized Tanodbayan Prosecutors
In line with the decision of the Supreme Court in G.R. Nos. 79690-707 entitled, "Enrique A. Zaldivar vs. the Honorable Sandiganbayan, et al." and G.R. No. 80578 entitled "Enrique A. Zaldivar vs. Raul M. Gonzales," the requisite clearance or permission to conduct preliminary investigations and/or to file information in court shall be granted in accordance with the following rules:
1. In any case referred by the Office of the Ombudsman to the Office of the Special Prosecutor, its investigators or special prosecutors, or to any deputized special prosecutor for preliminary investigation, the clearance or permission to conduct the same shall be deemed implied. This authority includes the power to issue subpoena and subpoena duces tecum.
2. Where the complaint is filed directly with any office duly authorized to receive complaints, the same shall be referred to the Office of the Ombudsman for proper docketing, evaluation and determination whether any further proceeding therein is warranted; provided, however, that in complaints charging offenses that can prescribe in a period of not more than two months, filed directly before a deputized Tanodbayan prosecutor, the latter shall be deemed authorized to conduct the preliminary investigation therein, if necessary, or if not, to file the case in court should the facts so warrant. A report of the action taken by him and the reasons therefor shall be submitted to the Office of the Ombudsman within ten (10) days.
3. In cases pending preliminary investigation as of April 27, 1988, clearance is hereby granted to continue the preliminary investigation until the same is terminated.
4. Where the preliminary investigation results in the finding of a probable cause to hold the respondent for trial, the filing of the information in court must be with the prior specific clearance from the Office of the Ombudsman.
5. Similarly, no dismissals may be ordered without prior specific clearance from the Office of the Ombudsman.
6. No clearance is necessary for informations filed before April 27, 1988, except in cases "where there has been a timely objection and a specific challenge" as to the authority of the office of the Special Prosecutor to file the same without permission from the Office of the Ombudsman.
7. No motion for reconsideration or for reinvestigation may be entertained after the information is filed in court.
Manila, June 8, 1988.
(SGD.) CONRADO M. VASQUEZOmbudsman
Cite This Law
Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court, Ombudsman Administrative Order No. 01-89, Jun 8, 1988 (Philippines)
Rules for the Grant of Clearance or Permission to Conduct Preliminary Investigation or to File Information in Court, Ombudsman Administrative Order No. 01-89 (Phil. 1988)
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