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Sunday, June 27, 2004
CSC, Ombud sign pact vs corruption
THE Civil Service Commission and the Office of the Ombudsman, signed a memorandum of agreement to improve coordination in handling and prosecuting administrative cases filed against first, second and third level employees in the bureaucracy.
Forming part of the Solana Covenant, the MOA aims to establish close coordination and avoid duplication of functions between CSC and Ombudsman in their common fight against graft and corruption.
The Solana Covenant is a Joint Anti-Corruption Plan sealed by the CSC, Ombudsman and Commission on Audit (COA), where collective and individual agency actions versus graft and corruption have been crafted both in the immediate and medium terms.
Under the MOA signed by CSC Chairperson Karina Constantino-David and Ombudsman Simeon Marcelo, the Office of the Ombudsman shall have jurisdiction over complaints involving public officials and employees belonging to the second and third levels for bribery, fraud and illegal exaction, malversation or illegal use of public funds or property (that is more than P100,000 in value), conflict of interest and divestment, homicide and murder, corrupt practices, unexplained wealth, violation of procurement rules and regulations, violation of the Anti-Money Laundering Law, and violation of Republic Act 7080 or the law penalizing the crime of Plunder.
The CSC, on the other hand, would primarily handle administrative complaints involving government employees belonging to the first level, or those occupying sub-professional or non-technical positions.
The CSC shall also handle cases of first and second level employees and third level officials who are non-presidential appointees for offenses other than those specified for the Ombudsman.
Some of these offenses include dishonesty, neglect of duty, misconduct, disgraceful and immoral conduct, inefficiency and incompetence in the performance of official duties, falsification of official document, habitual absences or tardiness, pursuit of private business, vocation or profession, insubordination, engaging in partisan political activities, conduct prejudicial to the best interest of the service, nepotism, and sexual harassment.
The CSC, after finding guilt in administrative cases it handles, may refer the same to the Ombudsman for the criminal aspect.
Moreover, the Ombudsman shall take charge of cases relating to refusal or non-implementation of CSC resolutions by local government units.
To ensure exclusive jurisdiction over a case and to avoid duplication of actions, a certificate of Non-Forum Shopping shall be required for all administrative complaints filed either with the Office of the Ombudsman or the CSC.
Coordination and monitoring of cases acted upon by the two agencies shall be made more effective as they agreed to submit to each other a list of administrative cases each party receives in a month.
Meanwhile, the Ombudsman and the CSC shall act on administrative complaints filed against their own officials and employees, irrespective of the salary grade, in the exercise of their primary disciplinary authority.
(June 27, 2004 issue)
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