"It’s up to the DOJ to take appropriate measures if they want the case transferred to us. The case was filed in the DOJ so we have nothing to do with that... we can do nothing about it," Assistant Ombudsman Ernesto Nocos said yesterday.
Nocos clarified that "either" the DOJ or the Ombudsman has jurisdiction over the case since both bodies have the inherent powers to investigate government officials.
Nocos cited a memorandum of agreement between the two agencies where the DOJ is deputized to handle cases cognizable by the Ombudsman. The agreement, which is still in effect, was signed by former justice secretary Teofisto Guingona Jr. in 1995.
After almost a month in hiding, Honasan showed up Wednesday at the DOJ in response to a call for him to come out and face the charges filed against him for allegedly leading a failed coup last month.
Interior and Local Government Secretary Jose Lina Jr. filed the charges before the DOJ against Honasan and six others. He accused Honasan– who led several coup attempts against President Corazon Aquino in the 1980s – of masterminding the July 27 power grab.
Honasan and his lawyers questioned the DOJ’s jurisdiction over the case. His lawyer, Daniel Gutierrez, said it is the Office of the Ombudsman that has jurisdiction to investigate and prosecute Honasan, a public official.
Lina said that Honasan should have raised the question right from the very start.
Ombudsman Margarito Gervacio Jr. also questioned the DOJ and the National Bureau of Investigation’s (NBI) handling of the case.
Gervacio said the DOJ probe will be a waste of time since the prosecutor’s findings will still be reviewed by probers of the Ombudsman.
Nocos, however, explained that if there is prima facie evidence to warrant the filing of charges, this would be with the Ombudsman since Honasan is a government official.
As in the case of the mutineers led by Lt. (sg) Antonio Trillanes IV, Nocos pointed out that the Office of the Military Ombudsman has jurisdiction since they are all servicemen.
Sources pointed out that the DOJ has the primary jurisdiction to handle the investigation of Honasan since the offense allegedly committed falls under the Revised Penal Code.
"Besides, the law states that it (the offense) shall be tried by the proper civil court...and coup d’etat is not service connected," the source said.
Even if there is concurrent jurisdiction over the case, the Ombudsman has been excluded since the NBI filed the case in the DOJ.
"Coup is like murder. It is committed not in the performance of one’s duties. How can a coup be service connected?" the source stressed.
In his 15-minute appearance before the DOJ panel of prosecutors. —With Marichu Villanueva