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ACCUSED PRINCIPAL
AND PUBLIC OFFICER
Offense is in violation of RA
3019 (Ant-Graft and Offense is NOT in
violation of RA 3019, RA Civil and
Corruption Practices Act), Criminal Cases
RA 1379 (Forfeiture Act), 1379, Bribery &
Corruption of Public filed purusnat
Bribery & Corruption of to and in
Public Officer Officer
connection with
EO Nop.
1,2,14,14-A. Re:
Officer holds title Officer does NOT holds Illgotten wealth
Offense is in relation to Offense NOT
enumerated in Sec. 4 title enumerated in Sec. in the hands of
office. in relation to
(A) 4 (A) Marcos and his
Constituent to office; or office
pawnees.
alleged in the complaint.
Appeal to
Sandiganbaya
Sandiganbaya n if offense is
n in re to office.
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
DOJ AND OMB (Office of the Ombudsman) JURISDICTION
Read: RA6770, sec15(1) & the 2012 memo signed by DOJ and OMB
OMB
PRIMARY CONCURRENT
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
HOW CRIMINAL ACTION IS INITIATED Offense
Forward the records of the case for action; needs approval before
filing or dismissal.
w/in 5 days.
Approved.
Disapproved.
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
Note: Filing of appeal does not hold/ prevent the
filing of the information, unless the Secretary of
Justice directs otherwise;
Remedy of
Aggieved Party
If there is pending resolution for review in DOJ
and info is already filed in court, the accused can
file motion for suspension of the arraignment
(max of 60 days) or motion to suspend the trial
(w/c includes suspension of arraignment) –
preferred. Both at the sound discretion of the Determination of Determination of
Prosecutor of PI Ombudsman of PI
judge.
Regional State
Secretary of Justice
Prosecutor (For
(For offenses MR To Ombudsman
offenses cognizable
cognizable by RTC)
by MTC)
Administrative
Appeal SC - Rule 65
CA - Petition for
CA - Rule 65 Certiorari under Rule 65 CA Rule 43
Note: Review is
Judicial Appeal limited only to
check grave abuse
CA - Rule 43 Note: Different of discretion.
proceeding not appellate
proceeding
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
Duty of the Court
DIRECT FILING
FROM PROSECUTOR
Judge evaluate the affidavits and other supporting documents submitted by
complainant & witnesses. Judge does not conduct PI, only determine Probable
Information / Complaint is filed
Cause to issue warrant. (SAKTO BA?)
It must be supported by affidavits, counter-affidavits of the complainant and his witnesses and supporting
evidence & resolution. (sec. 7 [a] Rule 112)
Note: Record of the PI shall not form part of the record of the case. Since there is no PI, the rule grants court the OPTION to conduct a written
personal examination under oath by the complainant and witnesses in the form
of Q&A.
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
ADDITIONAL NOTES:
Different Kinds
of Complaint
DANIEL EMERSON B ONG BASED ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017
DANIEL EMERSON B ONG BASED
ON THE BOOK OF RIANO AND DISCUSSION OF ATTY. SOLENG – 2017