QuestionsQuestions (Act No. 2590.)
The law is titled the “Ombudsman Act of 1989.” It declares the State’s policy to maintain honesty and integrity in the public service and take effective measures against graft and corruption; it also emphasizes that public office is a public trust and public officers must be accountable and act with integrity, loyalty, efficiency, patriotism, and justice.
It includes the Office of the Overall Deputy, the Deputy for Luzon, Deputy for the Visayas, Deputy for Mindanao, Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as recommended by the Ombudsman.
They are appointed by the President from lists prepared by the Judicial and Bar Council (JBC): at least 21 nominees for the first appointment, and thereafter 3 nominees for each vacancy. Each list is published in a newspaper of general circulation, and the vacancy should be filled within three months.
They must be natural born citizens, at least 40 years old, of recognized probity and independence, members of the Philippine Bar, not candidates for any elective national or local office in the immediately preceding election (regular or special), and must have served as a judge or practiced law in the Philippines for 10 years or more.
They serve a term of seven (7) years without reappointment.
The Ombudsman may be removed only by impeachment for and conviction of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust (Article XI of the Constitution). A Deputy or the Special Prosecutor may be removed by the President for any of the grounds provided for the removal of the Ombudsman, and after due process.
The Overall Deputy serves as Acting Ombudsman in a concurrent capacity until a new Ombudsman is appointed for a full term. If the Overall Deputy cannot assume, the President may designate any Deputy or the Special Prosecutor as Acting Ombudsman.
They cannot hold other office or employment, cannot practice any other profession, participate in any business, or have financial interest in contracts or franchises/special privileges granted by the government or its agencies (including GOCCs and subsidiaries). They must avoid conflict of interest, are disqualified to run for election immediately following cessation, and cannot appear or practice before the Ombudsman for two years after cessation. They also face relationship/partner restrictions that prohibit spouse/relatives within the 4th civil degree and their legal/business/professional partners from appearing or transacting with the Ombudsman matter pending within the stated periods.
The Ombudsman, Deputies, and Special Prosecutor must under oath publicly disclose their identities and relationships with persons covered by the prohibitions/disqualifications. The disclosure must be filed with the Office of the President and the Office of the Ombudsman before assuming office and every year thereafter, and it becomes part of public records accessible upon request.
As protectors of the people, they act promptly on complaints against government officers/employees and enforce administrative, civil, and criminal liability in every case where evidence warrants, to promote efficient government service.
No court may issue a writ of injunction to delay an Ombudsman investigation unless there is prima facie evidence the matter is outside the Ombudsman’s jurisdiction. Further, no court may hear appeals or remedies against the Ombudsman’s decision or findings except the Supreme Court on pure questions of law.
It can investigate and prosecute acts/omissions of public officers/employees it finds illegal, unjust, improper, or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and may take over, at any stage, from any government investigatory agency the investigation of such cases.
The Ombudsman can administer oaths, issue subpoenas and subpoena duces tecum, take testimony, examine and have access to bank accounts and records, and punish for contempt consistent with the Rules of Court and the same procedure and penalties.
The Ombudsman has the power to investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and prosecute the parties involved.
If the complainant has an adequate remedy in another judicial/quasi-judicial body; the matter is outside the Ombudsman’s jurisdiction; the complaint is trivial, frivolous, vexatious, or made in bad faith; the complainant has no sufficient personal interest; or the complaint was filed after one year from occurrence.
No subpoenaed witness may refuse to attend/testify or produce documents on the ground it may incriminate them. However, criminal prosecution cannot be based on matters compelled after the witness invoked the privilege against self-incrimination. The Ombudsman may also grant immunity from criminal prosecution when necessary to determine truth. Refusal may lead to contempt and removal of immunity; immunity does not protect from prosecution for perjury/false testimony or from administrative removal/demotion.
The Ombudsman or Deputy may preventively suspend pending investigation if evidence of guilt is strong and the charge involves dishonesty, oppression, grave misconduct, or neglect; or would warrant removal; or continued stay may prejudice the case. It lasts until the case is terminated but not more than six months without pay, except delay attributable to the respondent is excluded.
Provisional orders are immediately effective/executory. A motion for reconsideration must be filed within five (5) days from receipt, entertained only on grounds of new materially affecting evidence or errors of law/irregularities prejudicial to the movant, and it must be resolved within three (3) days (only one MR). Findings of fact supported by substantial evidence are conclusive. Certain minor penalties are final/unappealable. Otherwise, administrative disciplinary orders may be appealed to the Supreme Court via petition for certiorari within ten (10) days per Rule 45.
Under supervision/control and upon authority of the Ombudsman, it can conduct preliminary investigation and prosecute criminal cases within Sandiganbayan jurisdiction; enter into plea bargaining agreements; and perform other duties assigned by the Ombudsman. The Special Prosecutor has the rank/salary of a Deputy Ombudsman.