Ombudsman Act: Organization and Powers

RA 6770 provides for the functional and structural organization of the Office of the Ombudsman. It declares the State’s policy to maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption, emphasizing that public office is a public trust requiring accountability, integrity, loyalty, efficiency, patriotism, and justice.

It includes: (1) the Office of the Overall Deputy, (2) the Office of the Deputy for Luzon, (3) the Office of the Deputy for the Visayas, (4) the Office of the Deputy for Mindanao, (5) the Office of the Deputy for the Armed Forces, and (6) the Office of the Special Prosecutor. The President may appoint other Deputies as recommended by the Ombudsman.

They are appointed by the President from nominee lists prepared by the Judicial and Bar Council. For the Ombudsman and Deputies, there must be at least 21 nominees initially; for each vacancy thereafter, there must be a list of three (3) nominees to be filled within three (3) months from the occurrence of the vacancy. The lists must be published in a newspaper of general circulation.

They must be natural-born Filipinos, at least 40 years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective national or local office in the immediately preceding election (regular or special). The Ombudsman must have been a judge or engaged in the practice of law in the Philippines for at least 10 years.

They serve for a term of seven (7) years without reappointment.

Removal is through impeachment and conviction for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust, consistent with Article XI of the Constitution.

If the Ombudsman’s office becomes vacant, 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 must not hold any other office or employment, must not practice any other profession, must not participate in business or be financially interested in any contract or franchise or special privilege granted by the Government, must avoid conflicts of interest, must not run for office in the election immediately following cessation, and must not appear or practice before the Ombudsman for two (2) years after cessation. Additionally, their spouse/relatives within the 4th civil degree and certain partners/associates are barred from appearing as counsel/agents or transacting business with the Ombudsman for specific periods.

The Ombudsman, Deputies, and Special Prosecutor must make an under-oath public disclosure of their identities and their relationship with persons covered by the disqualification section. The disclosure must be filed with the Office of the President and the Office of the Ombudsman before assuming office and annually thereafter.

As protectors of the people, they must act promptly on complaints against government officials or employees and enforce administrative, civil, and criminal liability where the evidence warrants to promote efficient government service.

No court may issue a writ of injunction to delay Ombudsman investigation unless there is prima facie evidence the subject matter is outside Ombudsman jurisdiction. No court may hear appeals or remedies against Ombudsman decisions or findings except the Supreme Court on pure questions of law.

Among others: investigate and prosecute acts/omissions appearing illegal, unjust, improper or inefficient; exercise primary jurisdiction over cases cognizable by the Sandiganbayan and take over investigations at any stage; direct officials to perform/expedite duties or stop abuse; administer oaths and issue subpoenas/subpoena duces tecum and examine bank accounts/records; punish for contempt; delegate functions to Deputies/investigators; and investigate ill-gotten and/or unexplained wealth amassed after Feb. 25, 1986 and prosecute involved parties where warranted.

The Ombudsman acts on complaints involving acts or omissions that are contrary to law or regulation; unreasonable, unfair, oppressive, or discriminatory; inconsistent with an agency’s functions though in accordance with law; based on mistake of law or arbitrary fact-finding; done with improper purpose in discretionary acts; or otherwise irregular, immoral, or devoid of justification.

When (1) the complainant has an adequate remedy elsewhere (judicial or quasi-judicial), (2) the matter is outside Ombudsman jurisdiction, (3) the complaint is trivial, frivolous, vexatious, or filed in bad faith, (4) the complainant lacks sufficient personal interest, or (5) the complaint is filed after one year from occurrence.

It has disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Cabinet members, local government officials, GOCC officials and their subsidiaries, except those removable only by impeachment and Members of Congress and the Judiciary.

Preventive suspension may be imposed if evidence of guilt is strong and the charge involves dishonesty, oppression, grave misconduct, or neglect in duty, warrants removal, or continued stay may prejudice the case. It continues until termination but not more than six (6) months, without pay; delays attributable to respondent are excluded from counting.

Findings of fact supported by substantial evidence are conclusive. Certain orders imposing public censure/reprimand or suspension of not more than one month’s salary are final and unappealable. Generally, administrative orders/directives/decisions may be appealed to the Supreme Court via a petition for certiorari filed within ten (10) days from receipt of notice or from denial of the motion for reconsideration, consistent with Rule 45.

Witnesses subpoenaed cannot refuse to attend/testify/produce records on the ground that it may incriminate them. However, no person shall be prosecuted criminally for or on account of matters about which they were compelled to testify/produce evidence after claiming the privilege against self-incrimination. The Ombudsman may also grant immunity from criminal prosecution to necessary witnesses, but immunity does not cover perjury/false testimony, and refusal to testify may lead to contempt.

Malicious prosecution: filing a completely unwarranted or false complaint with malice or gross bad faith is punishable by imprisonment of one (1) month and one (1) day to six (6) months and a fine not exceeding P5,000. Obstruction: willfully obstructing/hindering the Ombudsman’s functions or willfully misleading Ombudsman personnel is punishable by a fine not exceeding P5,000.