Case Referral Mechanisms
Office of the Ombudsman:
The Office of the Ombudsman has jurisdiction
over complaints against any public officer or employee,
including those in government-owned or controlled
corporations, on acts or omissions that are illegal,
unjust, improper, or inefficient. Complaints may be
the subject of criminal or administrative proceedings,
or both.
A criminal complaint may be brought for an
offense in violation of RA 3019, as amended, RA 1379
as amended, RA 6713, Title VII, Chapter II, Section 2
of the Revised Penal Code, and for such other offenses
committed by public officers and employees in relation
to office. In accordance with the MOA with the DOJ,
the Office of the Ombudsman has primary jurisdiction
in the conduct of preliminary investigation for cases
cognizable by the Sandiganbayan.
Administrative cases may be brought before the
Office of the Ombudsman where there are complaints
for acts or omissions of public officers or employees
which are:
a) contrary to law or regulations;
b) unreasonable,
unfair,
discriminatory;
oppressive
or
c) inconsistent with the general course of an
agency’s functions though in accordance with
law;
d) based on a mistake of law or an arbitrary
ascertainment of facts;
e) in the exercise of discretionary powers but for
an improper purpose;
f) otherwise irregular, immoral or devoid of
justification;
g) due to any delay or refusal to comply with
the referral or directive of the Ombudsman
or any of his deputies against the officer or
employee to whom it was addressed; and
h) such other grounds provided for under E.O.
292 and other applicable laws. (sec. 1, EO No.
45
7 as amended by AO No. 17 dated September
7, 2003)
Resolutions of the Commission finding substantial
evidence on MCW violations by government
officials who have salary grades 27 and up, and their
accomplice and accessories, shall be forwarded to the
Office of the Ombudsman for appropriate criminal
and/or administrative proceedings. Resolved cases
implicating public officials with salary grades below
27 shall be filed with the Department of Justice in
accordance with the MOA between the Office of the
Ombudsman and the Department of Justice.
The CHR Regional Offices shall ensure that the
complete records of the case are transmitted together
with the Verified Complaint, either by the Complainant
or by the Commission’s representatives, in accordance
with the rules of the Office of the Ombudsman.
Office of the President
Cases implicating heads of agencies and
presidential appointees may also be referred to the
Office of the President, in addition to the Office of
the Ombudsman. However, should the head of office
or the presidential appointee be implicated with
accessories and accomplices who are not presidential
appointees or heads of agencies, the case should be
filed with the Office of the Ombudsman which has a
wider and more general scope of jurisdiction.
Civil Service Commission
The Civil Service Commission (CSC) is
constitutionally mandated to promote morale,
efficiency, integrity, responsiveness, progressiveness,
and courtesy in the Civil Service. It has the power to
appoint and discipline its officials and employees and
to hear and decide administrative cases instituted by
or brought before it directly or on appeal. Section
2(1), Article IX(B) of the 1987 Constitution defines the
scope of the civil service as embracing “all branches,
subdivisions, instrumentalities, and agencies of
the Government, including government-owned or
controlled corporations with original charters.66”
66 CSC vs. CA, G.R. No. 176162 ,
CHR Gender Ombud Guidelines