CIRCULAR
NO. 12-92
TO: THE
COURT OF TAX APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL
TRIAL
COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURTS
AND SHARI'A CIRCUIT COURTS
SUBJECT:
OMBUSDMAN MEMO CIRCULAR NO. 1, SERIES OF 1992, RE: CLEARANCE FOR
RETIRING/RESIGNING PUBLIC OFFICERS.
Quoted hereunder,
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
Philippines,
to wit:chanroblesvirtuallawlibrary
"MEMORANDUM CIRCULAR
NO. I
Series of 1992
"TO: ALL
HEADS
OF DEPARTMENTS, OFFICES, BUREAUS AND AGENCIES OF THE NATIONAL AND LOCAL
GOVERNMENTS, INCLUDING GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS
RE:
OMBUDSMAN CLEARANCE
"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
administrative,
or pending prosecution against him, for any offense under this Act or
under
the provisions of the Revised Penal Code on bribery.'
"In order that
the foregoing
prohibition may be strictly observed, all concerned are hereby enjoined
not to allow the retirement or accept the resignation of any 'public
officer'
as defined under said Act without first securing/presenting a clearance
to the effect that he has no pending criminal or administrative case
with
this Office.
"Any person
found to
be not complying with this circular may be punished for contempt
pursuant
to Section 15(9) of Republic Act No. 6770 [Ombudsman Act of 1989].
"This Circular
takes
effect immediately.
"February 11,
1992.
"[Sgd.]
CONRADO M. VASQUEZ
Ombudsman"
For strict
observance
and compliance.
February
19, 1992.
[Sgd.]
JOSUE
N. BELLOSILLOCourt
Administrator
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