QuestionsQuestions (PRESIDENTIAL DECREE NO. 1607)
PD No. 1607 establishes an independent office of the Ombudsman called the Tanodbayan. It is intended to give effect to the constitutional right of the people to petition the government for redress of grievances and to promote higher standards of integrity and efficiency in the government service.
It shall have two Deputies for Luzon, one Deputy for the Visayas, and one Deputy for Mindanao.
The President appoints the Tanodbayan and his Deputies.
They must not be members of the Bar, must be well equipped to analyze problems of law, administration, and public policy, and must not have been actively involved in partisan affairs.
During their tenure, they may not engage in the practice of any profession or in the management of any business, nor be financially interested directly or indirectly in any contract with or franchise or privilege granted to, including government-owned or controlled corporations and related instruments.
The term is seven years without reappointment unless removed by the President for incapacity, neglect of duty, or misconduct. If a vacancy occurs, the Senior Deputy serves as Acting Tanodbayan until a full-term appointment is made.
Unless otherwise provided by law, the Tanodbayan receives an annual salary of P60,000 and each Deputy receives P50,000; these salaries shall not be diminished during their continuance in office.
It may investigate, on complaint by any person or on its own motion or initiative, any administrative act of any administrative agency, whether or not the act amounts to a criminal offense.
It may examine records and enter and inspect premises in administrative agencies, but must desist if the President, in writing, certifies that such examination or inspection might prejudice the national interest. Information obtained is confidential unless the President decides otherwise in the interest of public service.
It may issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence relevant to an inquiry.
The Tanodbayan should focus on administrative acts that may be contrary to law or regulation; unreasonable, unfair, oppressive, or inconsistent with an agency’s general course; mistaken in law or arbitrary in ascertainment of facts; improper in motivation or based on irrelevant considerations; unclear or inadequately explained where reasons should have been revealed; inefficiently performed; or otherwise objectionable. It may also strengthen procedures to lessen the risk of such acts.
It may decline if another remedy/channel is available that the complainant could reasonably be expected to use; if the matter is outside its power; if the complainant’s interest is insufficiently related; if the complaint is trivial, frivolous, vexatious, or not made in good faith; if other complaints are more worthy; if resources are insufficient; or if the complaint has been too long delayed to justify examination.
Before announcing a conclusion or recommendation that criticizes, it must consult with the agency or person concerned.
(1) No proceeding/opinion/expression by the Tanodbayan or staff is reviewable in any court. (2) No civil action lies against them for anything done, said, or omitted in discharging duties. (3) They are not required to testify or produce evidence in other proceedings regarding matters within their official cognizance, except in a proceeding brought to enforce this Decree.
A person who willfully obstructs or hinders the Tanodbayan’s functions, or willfully misleads or attempts to mislead it during inquiries, shall be fined not more than P5,000.
It is created within the Office of the Tanodbayan, staffed by a Chief Special Prosecutor, an Assistant Chief Special Prosecutor, and nine Special Prosecutors. They have exclusive authority to conduct preliminary investigation of all cases cognizable by the Sandiganbayan and to file informations and direct/control prosecution in the Sandiganbayan. They are under the Tanodbayan’s control; their resolutions/actions are not subject to review by any administrative agency.
No publicity shall be allowed during the pendency of such preliminary investigation. The names of the complainant and the accused shall not be made public until an information is filed with the Sandiganbayan.