Effectivity of the Office of the Ombudsman

It declares that the Office of the Ombudsman provided for in Section 5, Article XI of the 1987 Constitution is now in existence.

It is composed of the Ombudsman (Tanodbayan), one overall Deputy, at least one Deputy each for Luzon, Visayas, and Mindanao, and it may have a separate Deputy for the Military establishment.

All officials and employees of the Office of the Ombudsman, other than the Deputies, are appointed by the Ombudsman according to the Civil Service Law.

They must be natural-born citizens, at least 40 years old at the time of appointment, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election.

The Ombudsman must have been a judge or engaged in the practice of law in the Philippines for at least ten years.

They are subject to the same disqualifications and prohibitions as provided in Section 2 of Article IX-A of the 1987 Constitution.

They are appointed by the President from at least six nominees prepared by the Judicial and Bar Council, and for every vacancy, from a list of three nominees; the appointments require no confirmation.

All vacancies must be filled within three months after they occur.

The Ombudsman and his Deputies have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they receive the same salary, which must not be decreased during their term.

They serve for seven years without reappointment and are not qualified to run for any office in the election immediately succeeding their cessation from office.

They must act promptly on complaints filed in any form or manner against public officials or employees, and in appropriate cases notify complainants of the action taken and results.

It may investigate on its own any act or omission of a public official or employee when such act or omission appears illegal, unjust, improper, or inefficient.

Upon complaint or at its own instance, it may direct any public official or employee to perform and expedite any act or duty required by law, or to stop, prevent, and correct abuse or impropriety in the performance of duties.

It may direct the officer concerned to take appropriate action and recommend removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

In appropriate cases and subject to limitations provided by law, it may direct the officer concerned to furnish it with copies of documents relating to such contracts/transactions, and any irregularity may be referred to the Commission on Audit for appropriate action.

It may request any government agency for assistance and information necessary for its responsibilities, and it may examine pertinent records and documents if necessary.

Yes, it may publicize matters covered by its investigation when circumstances so warrant and with due prudence.

It can promulgate its rules of procedure and exercise other powers or perform other functions or duties as may be provided by law.

The Office enjoys fiscal autonomy, and its approved annual appropriations shall be automatically and regularly released.