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

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