QuestionsQuestions (PPKM MMDA REGULATION NO. 03-006 SERIES OF 2003)
PD No. 1487 may be cited as the “Tanodbayan Decree of 1977.”
PD 1487 created an independent Office of the Ombudsman known as the “Tanodbayan.”
The Tanodbayan has two Deputies for Luzon, one for the Visayas, and one for Mindanao.
The President 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 or management of any business; nor be financially interested directly or indirectly in any contract with, or any franchise/privilege granted by, the Government or any of its subdivisions/agencies (including GOCCs) during their tenure.
They serve for a term of seven years without re-appointment unless removed by the President upon determination of incapacity, neglect of duty, or misconduct.
The Senior Deputy Tanodbayan serves as Acting Tanodbayan until the Tanodbayan is appointed for a full term.
It may investigate, on complaint, any administrative act of any administrative agency, including government-owned or controlled corporations.
It means any department or governmental unit including GOCCs, any official, or any employee acting or purporting to act by reason of connection with the government, but it excludes: (1) courts/judges and judicial staff, (2) members/committees/staff of the National Assembly, (3) the President or his personal staff, and (4) members of Constitutional Commissions and their personal staffs.
It can request and be given assistance/information by administrative agencies; examine records and documents; enter and inspect premises within an agency’s control (unless the President certifies prejudice to national interest); and issue subpoenas to compel appearance, sworn testimony, and production of relevant documentary or other evidence.
Administrative acts that may be contrary to law or regulation; unreasonable, unfair, oppressive, or inconsistent; mistaken in law or arbitrary in facts; improper in motivation or irrelevant considerations; unclear or inadequately explained; inefficiently performed; or otherwise objectionable. It may also address strengthening procedures to lessen the risk of objectionable acts.
When it believes the complainant has another reasonably available remedy/channel; the grievance is outside its power; the complainant’s interest is insufficiently related; the complaint is trivial, frivolous, vexatious, or not made in good faith; other complaints deserve more attention; resources are insufficient; or the complaint is too long delayed to justify examination of the merits.
Their proceedings/opinions/expressions are not reviewable in any court; no civil action lies against them or their staff or what they did/said/omitted in discharge of duties under the Decree; and they cannot be required to testify or produce evidence in any judicial or administrative proceeding about matters within official cognizance, except in a proceeding brought to enforce PD 1487.
The Tanodbayan certifies the facts to the Sandiganbayan or the court of first instance; the court issues an order to appear and show cause for contempt; thereafter the court conducts contempt proceedings and penalties, with the charged person able to purge contempt like in trial of a civil action.
A person who willfully obstructs/hinders the Tanodbayan’s functions or willfully misleads the Tanodbayan may be fined not more than ₱1,000.00.