COURT OF TAX APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL
COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
AND SHARI'A CIRCUIT COURTS
OMBUSDMAN MEMO CIRCULAR NO. 1, SERIES OF 1992, RE: CLEARANCE FOR
RETIRING/RESIGNING PUBLIC OFFICERS.
for the information and guidance of all concerned, is Memo Circular No.
1, Series of 1992 of the Hon. Conrado M. Vasquez, Ombudsman of the
Series of 1992
OF DEPARTMENTS, OFFICES, BUREAUS AND AGENCIES OF THE NATIONAL AND LOCAL
GOVERNMENTS, INCLUDING GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS
"Section 12 of
Republic Act No. 3019, as amended, otherwise known as the 'Anti-graft
and Corrupt Practices Act' provides that '[N]o public officer shall
be allowed to resign or retire pending an investigation, criminal or
or pending prosecution against him, for any offense under this Act or
the provisions of the Revised Penal Code on bribery.'
"In order that
prohibition may be strictly observed, all concerned are hereby enjoined
not to allow the retirement or accept the resignation of any 'public
as defined under said Act without first securing/presenting a clearance
to the effect that he has no pending criminal or administrative case
be not complying with this circular may be punished for contempt
to Section 15(9) of Republic Act No. 6770 [Ombudsman Act of 1989].
CONRADO M. VASQUEZ