Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1607)
The short title of Presidential Decree No. 1607 is the Tanodbayan Decree.
It creates an independent office of the Ombudsman, known as the Tanodbayan.
The President of the Philippines appoints the Tanodbayan and his Deputies.
They must be members of the bar, well equipped to analyze problems of law, administration, and public policy, and must not have been actively involved in partisan affairs.
They must not engage in the practice of any profession, manage any business, or have any financial interest directly or indirectly in any contract, franchise, or privilege granted to government or government-owned or controlled corporations.
They shall serve for a term of seven years without reappointment unless the President removes them for incapacity, neglect of duty, or misconduct.
The Tanodbayan may investigate administrative acts, issue subpoenas, request assistance and information from administrative agencies, examine records, enter and inspect premises, and undertake studies or inquiries to improve government administration.
The Tanodbayan may investigate any administrative acts that are contrary to law, unreasonable, unfair, oppressive, arbitrary, improperly motivated, unclear, inefficiently performed, or otherwise objectionable.
The Tanodbayan may certify the facts to the Sandiganbayan or the court of first instance, which may punish the person for contempt after a hearing.
Their proceedings, opinions, or expressions are not reviewable by any court; no civil action lies against them for acts done in line with their duties; and they are exempt from testifying or producing evidence about matters within their official cognizance except to enforce the Decree.
It is composed of a Chief Special Prosecutor, Assistant Chief Special Prosecutor, and nine Special Prosecutors who conduct preliminary investigations, file information, and prosecute cases before the Sandiganbayan or proper courts.
The Tanodbayan may designate any fiscal, state prosecutor, or government lawyer to act as Special Prosecutor to assist in investigation and prosecution.
A person found guilty shall be fined not more than Five Thousand Pesos (₱5,000.00).
Yes, the Tanodbayan may publish conclusions, recommendations, and suggestions to the President, National Assembly, press, and others concerned, including statements from the administrative agency or officials involved unless excused.
The Tanodbayan must report annually, on or about August 15, to the National Assembly and the President regarding its functions during the preceding calendar year; the report is to be published in the Official Gazette and furnished to provincial governors and city mayors.