Question & AnswerQ&A (Republic Act No. 6770)
The official title is "The Ombudsman Act of 1989."
The State shall maintain honesty and integrity in public service and take positive and effective measures against graft and corruption, with public office being a public trust.
The Office includes the Office of the Overall Deputy, the Office of the Deputy for Luzon, Visayas, Mindanao, the Armed Forces, and the Office of the Special Prosecutor. The President may also appoint other Deputies as needed.
They are appointed by the President from a list of at least 21 nominees prepared by the Judicial and Bar Council, and from a list of three nominees for each subsequent vacancy, to be filled within three months after it occurs.
They must be natural born Filipino citizens, at least 40 years old, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for elective office in the immediate preceding election. The Ombudsman must have at least 10 years' experience as a judge or legal practitioner.
They serve for a term of seven years without reappointment.
The Ombudsman may be removed by impeachment for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
They shall not hold any other office or employment, practice other professions, participate in any business, or have financial interests in government contracts or franchises. They must avoid conflicts of interest and cannot run for office immediately after their tenure or appear before the Office for two years post-tenure.
It can investigate and prosecute on its own or on complaint acts or omissions of public officers and employees that are illegal, unjust, improper, or inefficient, and has primary jurisdiction over cases cognizable by the Sandiganbayan.
Yes, decisions can be appealed to the Supreme Court but only on pure questions of law.
Penalties range from suspension without pay for one year to dismissal with forfeiture of benefits or fines from five thousand pesos to twice the amount involved, depending on the circumstances.
The Ombudsman or Deputies may preventively suspend any officer or employee pending investigation for up to six months without pay if the evidence of guilt is strong and if the charges involve dishonesty, oppression, grave misconduct, or if the continued stay may prejudice the case.
The Ombudsman may grant immunity from criminal prosecution to witnesses whose testimony or evidence is necessary in investigations, except for prosecution for perjury or false testimony.
Malicious filing of false complaints against government officials or employees carries a penalty of imprisonment from one month and one day to six months and/or a fine not exceeding five thousand pesos.
The Ombudsman has disciplinary authority over all elective and appointive officials of government and its subdivisions, instrumentalities, and agencies, except those removable only by impeachment or members of Congress and the judiciary.