Saturday, November 30, 2019

Who will conduct inquest proceedings on criminal cases against government officials?

ADMIN Law
For more “efficient and effective investigation and prosecution of cases involving government officials and employees,” the Department of Justice (DOJ) and the Office of the Ombudsman signed a memorandum of agreement (MOA) giving the anti-graft office sole jurisdiction over complaints against government employees tried before the Sandiganbayan.
In a press release from the Office of the Ombudsman, it clarified the delineation of responsibilities between both offices.
“Under the MOA, the Office of the Ombudsman will have primary jurisdiction in the conduct of preliminary investigation and inquest proceedings over complaints for crimes cognizable by the Sandiganbayan,” the Ombudsman statement reads.
Cases considered under the jurisdiction of the Sandiganbayan are those involving violations of Republic Act (RA) 3019 known as Anti-Graft and Corrupt Practices Act, RA 1379 which involves illegally acquired wealth as well as crimes committed by public officers such as Direct Bribery, Indirect Bribery, Qualified Bribery and Corruption of Public Officials.
Also under the jurisdiction of the Sandiganbayan are other crimes committed in relation to office with salary grade of 27 and above and violations of the Code of Conduct and Ethical Standards, Plunder Law, Heinous Crime Law, violation of Anti-Money Laundering when committed by a public officer, prohibition against gift-giving and law granting immunity to bribe-givers who voluntarily gives information.
As for complaints filed outside the jurisdiction of the Sandiganbayan, the DOJ and the Office of the Ombudsman has the authority to conduct the preliminary investigation and inquest proceedings. These complaints may then be filed to either of the two offices.
“The two officials also agreed that the Office of the Ombudsman and the DOJ shall have concurrent jurisdiction over cases involving public officials falling outside the exclusive jurisdiction of the Sandiganbayan,” the press release reads.
The Prosecutor’s Office or the DOJ will then resolve the complaint without any approval from the Office of the Ombudsman.
SOURCE:
https://www.philstar.com/cebu-news/2012/04/23/799504/doj-ombudsman-moa-clarifies-jurisdiction-over-sandiganbayan-cases#BgKpZpc3xKO3hQ12.99
Who will conduct inquest proceedings on criminal cases against government officials?

Who will conduct preliminary investigation on criminal cases against government officials?

ADMIN Law
For more “efficient and effective investigation and prosecution of cases involving government officials and employees,” the Department of Justice (DOJ) and the Office of the Ombudsman signed a memorandum of agreement (MOA) giving the anti-graft office sole jurisdiction over complaints against government employees tried before the Sandiganbayan.
In a press release from the Office of the Ombudsman, it clarified the delineation of responsibilities between both offices.
“Under the MOA, the Office of the Ombudsman will have primary jurisdiction in the conduct of preliminary investigation and inquest proceedings over complaints for crimes cognizable by the Sandiganbayan,” the Ombudsman statement reads.
Cases considered under the jurisdiction of the Sandiganbayan are those involving violations of Republic Act (RA) 3019 known as Anti-Graft and Corrupt Practices Act, RA 1379 which involves illegally acquired wealth as well as crimes committed by public officers such as Direct Bribery, Indirect Bribery, Qualified Bribery and Corruption of Public Officials.
Also under the jurisdiction of the Sandiganbayan are other crimes committed in relation to office with salary grade of 27 and above and violations of the Code of Conduct and Ethical Standards, Plunder Law, Heinous Crime Law, violation of Anti-Money Laundering when committed by a public officer, prohibition against gift-giving and law granting immunity to bribe-givers who voluntarily gives information.
As for complaints filed outside the jurisdiction of the Sandiganbayan, the DOJ and the Office of the Ombudsman has the authority to conduct the preliminary investigation and inquest proceedings. These complaints may then be filed to either of the two offices.
“The two officials also agreed that the Office of the Ombudsman and the DOJ shall have concurrent jurisdiction over cases involving public officials falling outside the exclusive jurisdiction of the Sandiganbayan,” the press release reads.
The Prosecutor’s Office or the DOJ will then resolve the complaint without any approval from the Office of the Ombudsman.
SOURCE:
https://www.philstar.com/cebu-news/2012/04/23/799504/doj-ombudsman-moa-clarifies-jurisdiction-over-sandiganbayan-cases#BgKpZpc3xKO3hQ12.99
Who will conduct preliminary investigation on criminal cases against government officials?


Tuesday, November 26, 2019

Freedom of the Fress, Freedom of Speech: 2019 En Banc Decision

Re: News report of Mr. Jomar Canlas in the Manila Times issue of 8 March 2016

A.M. No. 16-03-10-SC. October 15, 2019

Tuesday, October 22, 2019

1987 PH Constitution: Is "Service Contract" allowed in EDU of natural resources?

Yes, for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils ONLY not all natural resources.

The deliberations of the ConCom and some commissioners' explanation of their votes leave no room for doubt that the service contract concept precisely underpinned the commissioners' understanding of the "agreements involving either technical or financial assistance."


SR. TAN. Am I correct in thinking that the only difference between these future service contracts and the past service contracts under Mr. Marcos is the general law to be enacted by the legislature and the notification of Congress by the President? That is the only difference, is it not? 
MR. VILLEGAS. That is right. 
SR. TAN. So those are the safeguards. 
MR. VILLEGAS. Yes. There was no law at all governing service contracts before.



Agreements Involving Technical
or Financial Assistance Are
Service Contracts With Safeguards

From the foregoing, we are impelled to conclude that the phrase agreements involving either technical or financial assistance, referred to in paragraph 4, are in fact service contracts. But unlike those of the 1973 variety, the new ones are between foreign corporations acting as contractors on the one hand; and on the other, the government as principal or "owner" of the works. In the new service contracts, the foreign contractors provide capital, technology and technical know-how, and managerial expertise in the creation and operation of large-scale mining/extractive enterprises; and the government, through its agencies (DENR, MGB), actively exercises control and supervision over the entire operation.

Such service contracts may be entered into only with respect to minerals, petroleum and other mineral oils. The grant thereof is subject to several safeguards, among which are these requirements:


(1) The service contract shall be crafted in accordance with a general law that will set standard or uniform terms, conditions and requirements, presumably to attain a certain uniformity in provisions and avoid the possible insertion of terms disadvantageous to the country.

(2) The President shall be the signatory for the government because, supposedly before an agreement is presented to the President for signature, it will have been vetted several times over at different levels to ensure that it conforms to law and can withstand public scrutiny.

(3) Within thirty days of the executed agreement, the President shall report it to Congress to give that branch of government an opportunity to look over the agreement and interpose timely objections, if any.


SUMMATION
From the foregoing, it is clear that agreements involving either technical or financial assistance referred to in paragraph 4 are in fact service contracts, but such new service contracts are between foreign corporations acting as contractors on the one hand, and on the other hand government as principal or "owner" (of the works), whereby the foreign contractor provides the capital, technology and technical know-how, and managerial expertise in the creation and operation of the large-scale mining/extractive enterprise, and government through its agencies (DENR, MGB) actively exercises full control and supervision over the entire enterprise.

Such service contracts may be entered into only with respect to minerals, petroleum and other mineral oils. The grant of such service contracts is subject to several safeguards, among them: (1) that the service contract be crafted in accordance with a general law setting standard or uniform terms, conditions and requirements; (2) the President be the signatory for the government; and (3) the President report the executed agreement to Congress within thirty days.




ARTICLE XII - National Economy and Patrimony
Sec 2. xxx The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

La Bugal-B'laan Tribal Association vs Ramos
GR 127882 (2004, En Banc on MR)