July 6, 2012

OMBUDSMAN MEMORANDUM CIRCULAR NO. 002-12

SECTION 1. Rationale. In line with the Ombudsman's thrust to improve anti-corruption policy and program coordination among sectors, there is a need to assess and enhance the channels of partnership with the private sector and civil society organizations. Addressing graft and corruption is a shared responsibility of all sectors whose joint efforts will help strengthen and unify anti-corruption initiatives and measures. DcTAIH

SECTION 2. Purpose. As a partnership mechanism, the network of corruption prevention units aims to assist and support the Office of the Ombudsman in the implementation of its corruption prevention programs.

SECTION 3. Definition of a Corruption Prevention Unit. Corruption Prevention Unit (CPU) refers to any formal and non-partisan organization from the private sector and civil society that is duly accredited by the Office of the Ombudsman to undertake corruption prevention initiatives.

SECTION 4. Scope of Functions. In coordination with the Office of the Ombudsman, a CPU shall undertake the following functions:

a. To facilitate public information, education and capacity-building on accountability, transparency and integrity in public service;

b. To provide feedback on inefficiency, red tape, mismanagement, fraud and corruption in the government, and report any information that could determine the causes thereof;

c. To promote and advocate high standards of ethics and efficiency in public administration; or

d. To mobilize support for reforms in public service delivery.

SECTION 5. Procedure. The following rules shall govern the process of accreditation, including the revocation and renewal thereof:

A. Who may file a Petition:

Any formal and non-partisan organization from the private sector and civil society, of good standing, and with at least three (3) years involvement in anti-corruption work may file a petition for accreditation as a corruption prevention unit.

B. Where to file a Petition:

The petition shall be filed with the:

1. Central Office, through the Public Assistance and Corruption Prevention Office (PACPO), for organizations that are national in scope in terms of membership and activities, and for organizations based in Metro Manila; SDHTEC

2. Office of the Deputy Ombudsman for Luzon, through its PACPO unit, for organizations based in the Luzon area;

3. Office of the Deputy Ombudsman for Visayas, through its PACPO unit, for organizations based in the Visayas area;

4. Office of the Deputy Ombudsman for Mindanao, through its PACPO unit, for organizations based in the Mindanao area; or

5. Office of the Deputy Ombudsman for Military and Other Law Enforcement Offices (MOLEO), through its PACPO unit, for organizations whose projects relate to MOLEO concerns.

Factors in determining the base or station of an organization include the principal place of business, demonstrated involvement in anti-corruption work within the geographical area/sectoral field, the coverage of the proposed project/s, and considerable organizational limitations.

Except for those which are national in scope, organizations that intend to function as a CPU and implement CPIs in multiple area/sectoral offices shall file separate petitions with the respective PACPO units.

C. Documentary Requirements:

1. Letter of Intent

2. Verified Petition for Accreditation

3. Constitution and By-Laws of the Organization

4. Proof of involvement in anti-corruption work for the past three (3) years prior to application

5. Proof of registration, certificate of good standing, and the latest General Information Sheet from the Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA) and other applicable registering agencies, with a certified list of incumbent executive officers and members of good standing

6. National Bureau of Investigation (NBI) clearance of all incumbent executive officers cASEDC

7. Project Proposal covering a period of one (1) year, containing the detailed plan for the proposed corruption prevention initiatives (CPI), and an undertaking to submit quarterly accomplishment reports

D. Evaluation and Approval:

The PACPO or its counterpart units in area/sectoral offices shall evaluate the petition and supporting documents, and prepare a report with recommendation.

In the Central Office, the PACPO report shall be submitted to the Ombudsman or any duly authorized official for final decision. In the area/sectoral offices, the PACPO unit's report shall be forwarded to the Deputy Ombudsman who shall endorse the same to the Ombudsman or any duly authorized official for final decision.

Upon approval of the petition, a certificate of accreditation shall be immediately issued. The certificate shall state the name of the accredited CPU and the title of the approved CPI. aEcADH

E. Period of Accreditation:

An accreditation shall be valid for one (1) year from the date of the certificate of accreditation, unless earlier revoked, and may be renewed annually, subject to compliance with the pertinent requirements.

F. Revocation of Accreditation:

An accreditation may be revoked on any of the following grounds:

1. Misrepresentation, false statements, dishonesty and fraud made in the petition for accreditation or renewal of accreditation

2. Willful or tolerated misuse or abuse of the CPU accreditation, including the use of the name of the Office of the Ombudsman for extortion, illegal exactions and other unlawful activities

3. Partisanship

4. Performance of a CPI contrary to or outside the scope of the approved plan, poor project coordination, and other deviant acts or omissions leading to loss of trust and confidence

5. Non-submission of at least two quarterly accomplishment reports within the accreditation period

The PACPO or its counterpart units in area/sectoral offices may, motu proprio or upon complaint, direct the CPU to show cause, within a period of ten (10) days from notice, why its accreditation should not be revoked.

The PACPO or its counterpart units in area/sectoral offices shall prepare and submit a report of its findings and recommendations, duly endorsed by the Deputy Ombudsman in the case of the area/sectoral offices, to the Ombudsman or any duly authorized official for final decision.

The criminal and administrative aspects, if any, of the case may be referred to the appropriate investigation agency, adjudicatory body or prosecution office.

G. Renewal of Accreditation:

At least one month prior to the end of its accreditation period, a CPU may file with the appropriate PACPO unit a verified petition for renewal of accreditation with the following documentary requirements:

1. Project Completion Report

2. Amendments or revision, if any, to its Constitution and By-Laws

3. Certification of Good Standing and the latest General Information Sheet from the SEC, CDA and other applicable registering agencies, with a certified updated list of incumbent executive officers and members of good standing

4. NBI clearance of all incumbent executive officers

5. Project Proposal for the ensuing year, containing the detailed plan for the proposed CPI, and an undertaking to submit quarterly accomplishment reports

Section 5 (D) shall similarly apply in the evaluation and approval of a petition for renewal of accreditation.

SECTION 6. CPU Secretariat. The Community Coordination Bureau of the PACPO in the Central Office shall serve as the CPU secretariat with oversight and monitoring functions, in close coordination with the PACPO units in the area/sectoral offices. It shall maintain the official masterlist, updated profile, and project operations database of all CPUs. aCHcIE

SECTION 7. Transitory Provision. Upon effectivity of this Memorandum Circular, all existing CPU accreditations shall be deemed revoked. Existing memoranda of agreement/understanding with private sector and civil society organizations that thereby have been undertaking or discharging CPU functions or duties akin thereto under previous issuances shall be deemed cancelled by December 31, 2012.

SECTION 8. Repealing Clause. All previous issuances inconsistent herewith are hereby revoked or modified accordingly.

SECTION 9. Effectivity Clause. This Memorandum Circular shall take effect on August 1, 2012 after fifteen (15) days following the completion of its publication in a newspaper of general circulation and upon filing of three (3) certified copies thereof with the University of the Philippines Law Center.

July 6, 2012, Quezon City, Philippines.

(SGD.) CONCHITA CARPIO MORALES
Ombudsman

Filed with the University of the Philippines Law Center on July 9, 2012.

Published in The Philippine Star on July 16, 2012.