G.R. No.

196842

October 9, 2013

ALFREDO ROMULO A. BUSUEGO, Petitioner,

vs.
OFFICE OF THE OMBUDSMAN MINDANAO and ROSA S. BUSUEGO
The Ombudsmans primary jurisdiction, albeit concurrent with the DOJ, to conduct preliminary
investigation of crimes involving public officers, without regard to its commission in relation to office,
had long been settled in Sen. Honasan II v. The Panel of Investigating Prosecutors of DOJ, 17 and
affirmed in subsequent cases:
The Constitution, Section 15 of the Ombudsman Act of 1989 and Section 4 of the Sandiganbayan
Law, as amended, do not give to the Ombudsman exclusive jurisdiction to investigate offenses
committed by public officers or employees. The authority of the Ombudsman to investigate offenses
involving public officers or employees is concurrent with other government investigating agencies
such as provincial, city and state prosecutors. However, the Ombudsman, in the exercise of its
primary jurisdiction over cases cognizable by the Sandiganbayan, may take over, at any stage, from
any investigating agency of the government, the investigation of such cases.
In other words, respondent DOJ Panel is not precluded from conducting any investigation of cases
against public officers involving violations of penal laws but if the cases fall under the exclusive
jurisdiction of the Sandiganbayan, the respondent Ombudsman may, in the exercise of its primary
jurisdiction take over at any stage.

MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF JUSTICE AND OFFICE OF

THE OMBUDSMAN DATED 29 MARCH 2012

3. The OMB and the prosecution offices of the DOJ shall have concurrent jurisdiction over
complaints for crimes involving public officers and employees falling outside the jurisdiction of the
Sandiganbayan: Provided, That the office where such complaint is filed for preliminary investigation
shall acquire jurisdiction over the complaint to the exclusion of the other xxx