Morales explains Ombudsman jurisdiction over De Lima drug cases
Ombudsman Conchita Carpio Morales on Monday said the anti-corruption office has jurisdiction over the drug trade charges filed against Senator Leila de Lima if the alleged offenses were committed in her capacity as a public official.
Morales, a retired Supreme Court associate justice, was asked in an interview with CNN Philippines’ “The Source” for her opinion on whether the Ombudsman or the Regional Trial Court has jurisdiction over De Lima’s case.
The issue was the main crux in the oral arguments before the Supreme Court between the Office of the Solicitor General and De Lima’s defense lawyers.
READ: Associate justice hits De Lima move to go straight to SC
While De Lima maintained that her cases as a public official should be investigated by the Ombudsman and tried by the Sandiganbayan, the Department of Justice and OSG maintained that the Muntinlupa Regional Trial Court which is hearing the case has the jurisdiction in the cases filed against De Lima over the alleged drug trade and sale in the Bilibid when she was justice secretary.
Morales said a 2012 memorandum of agreement (MOA) between the Department of Justice and the Ombudsman provides that the anti-graft office and the Sandiganbayan have sole jurisdiction over complaints against public officials.
Article continues after this advertisementSolicitor General Jose Calida had claimed the authority of the DOJ to conduct a preliminary investigation is anchored in the 1987 Administrative Code, and that the MOA between the DOJ and Ombudsman recognized the concurrent jurisdiction of both agencies to investigate public officials.
Article continues after this advertisementREAD: SolGen: It’s ironic De Lima seeks help from SC which she defied
Under the said MOA, the Ombudsman has “primary jurisdiction in the conduct of preliminary investigation and inquest proceedings over complaints for crimes cognizable by the Sandiganbayan.”
But the MOA also recognizes the “concurrent jurisdiction” of the DOJ and Ombudsman over cases involving public officials falling outside the exclusive 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.”
The Sandiganbayan has exclusive jurisdiction over the following: Violations of Anti-Graft and Corrupt Practices Act; Forfeiture of Illegally Acquired Wealth; crimes by public officers or employees under the Revised Penal Code such as direct bribery, indirect bribery, qualified bribery, and corruption of public officials; other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned above; as well as cases involving violations of the Code of Conduct and Ethical Standards, the Plunder law, the Heinous Crime Law, the Anti-Money Laundering Law, Presidential Decree on the Prohibition Against Gift-Giving, among others.
“The MOA calls for the Department of Justice to forward to the Ombudsman if the case is exclusively triable by the Sandiganbayan. They determine if this is triable by the Sandiganbayan, so we have jurisdiction over that,” Morales said.
The caveat however is that the alleged offense should have been committed in the respondent’s public capacity for the Ombudsman to take cognizance, Morales said.
“If you ask me what should determine the denominator … it is if this offense is committed in relation to office. If it’s in relation to the office, I believe that the Ombudsman should have jurisdiction over it. If it’s not in relation to the office, Regional Trial Court, then,” Morales said.
READ: De Lima questions Muntinlupa RTC’s jurisdiction on drug raps
Morales said the Ombudsman should take over the case if the allegations against De Lima involved conspiring with the Bilibid inmates to raise campaign funds from drug trade as alleged by the convicts, because this would mean De Lima committed the offense in her capacity as justice secretary.
“If the allegation that the Secretary of Justice was in conspiracy with the inmates and if, on account of her secretary of justice, she allegedly committed that in conspiracy, then that’s in relation to office. Plain and simple,” Morales said.
“But if she did it in private capacity, that’s it,” she added.
READ: SolGen: It’s ironic De Lima seeks help from SC which she defied
De Lima is detained at the Philippine National Police Custodial Center for the non-bailable offenses of violations of the Republic Act 9165 (Comprehensive Dangerous Drugs Act) for illegal drug trading or selling.
De Lima claimed to be a victim of political persecution, being the most vocal critic of the Duterte administration’s brutal war on drugs.
De Lima, when she was human rights chairperson, also investigated Duterte’s links to the Davao Death Squad (DDS) when he was Davao City mayor. JE/rga
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