Ethical Rules on Former Ombudsman Interactions

The order aims to maintain public trust and uphold the highest standards of ethics in public service within the Office of the Ombudsman.
The order is designed to prescribe rules governing incumbent officials and employees when dealing with former Ombudsman officials and employees.
The order addresses ethical risks arising when former officials and employees enter private practice and later visit the Office or interact with incumbent personnel.
The order specifically seeks to prevent any appearance that incumbent personnel are peddlers of undue patronage when hiring recommendations are made.

Section 1 prohibits incumbent Ombudsman officials and employees from meeting, transacting, or dealing, directly or indirectly, with former Ombudsman officials and employees of this Office who are litigants or counsel in any case or CPL matter pending before the Office.
Section 1 extends the prohibition to any case pending before the Sandiganbayan.
Section 1 also prohibits meetings, dealings, or transactions with the counsel, agent, or representative of the covered former Ombudsman officials and employees.
The prohibition applies to “in no instance or occasion, inside or outside the office”, on any matter, subject only to the exceptions stated in Section 1.

Section 1 allows interaction during trials, clarificatory hearings and/or formal hearings of cases under preliminary investigation or administrative adjudication and in cases pending before the Sandiganbayan, but only in a manner consistent with or necessary for the conduct of those proceedings.
Section 1 allows interaction when former Ombudsman officials and employees represent on record private complainants and prosecution witnesses, including their counsel and agents, and when they act as volunteer lawyers for the Office, but interaction must be limited to cases where they are assisting the prosecution.
Section 1 allows interaction through requests for assistance where the Public Assistance Bureau (PAB) may extend assistance to former Ombudsman officials and employees on official business only.
Section 1 provides that if a meeting occurs by chance or accident due to unavoidable circumstances between incumbent Ombudsman officials or employees and covered former Ombudsman officials or employees, the situation is treated as an exception.

Section 2 requires incumbent Ombudsman officials and employees not to disclose any confidential information acquired in the course of employment with the Office to former Ombudsman officials and employees.
Section 2 prohibits the use or divulging of confidential or classified information officially known by reason of office and not made available to the public.
Section 2 bars such information from being used to further private interests or to give undue advantage to anyone.
Section 2 bars such information from being used to prejudice the public interest.
The order grounds the confidentiality rule in Section 7 (c) of Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.

Section 3 imposes a duty on incumbent officials and employees who dealt, met, or transacted with former officials and employees when the interaction falls within the exceptions.
Section 3 requires written reporting to the Internal Affairs Board (IAB) within three (3) working days from the meeting, dealing, or transaction.
Section 3 exempts interactions covered by Section 1(a) from the reporting requirement stated in the preceding sentence.
Section 3 requires that any act of impropriety, indiscretion, attempted influence, or lobbying between former and incumbent officials and employees, encountered in performing official duties and functions, must also be reported in writing to the IAB through the incumbent’s immediate superior within a similar three (3) working days period.

Section 4 requires the Internal Affairs Board to maintain a registry for all reports of interaction in connection with any CPL matter or any case pending before the Office or the Sandiganbayan.
Section 4 requires the PAB to maintain a separate registry for requests for assistance extended by the PAB to former Ombudsman officials and employees.
Section 4 requires the registries to be properly maintained by the IAB for record purposes and to include the following entries:
- the name of the former Ombudsman official or employee concerned;
- the name of the incumbent official or employee with whom the former interacted; and
- date, time and purpose of the visit/meeting, the docket number and title of any case, CPL matter or request taken up, and other relevant details, if any.
Section 4 requires the IAB to make a monthly report to the Tanodbayan.
Section 4 requires that the IAB’s monthly report to the Tanodbayan also include all requests for assistance acted upon by the PAB involving former officials and employees as contained in the corresponding PAB monthly report.

Section 5 prohibits incumbent Ombudsman officials and employees from recommending the hiring of the services of former Ombudsman officials and employees engaged in private practice.
Section 5 applies the prohibition when recommendations are made to litigants, prospective litigants, or anyone dealing with the Office.
Section 5 is intended to discourage the wrong perception that incumbent officials and employees act as peddlers of undue patronage.

Section 6 provides that any violation of the rules is a ground for disciplinary action against the concerned Ombudsman official or employee.
Section 6 directs that discipline is imposed under the pertinent provisions of the Civil Service Laws and rules.

Section 7 makes the Office Order effective after fifteen (15) days following the completion of its publication in the Official Gazette.
Section 7 also requires filing with the University of the Philippines Law Center of three (3) certified copies of the Office Order.
The order is adopted on January 24, 2005 and is implemented subject to the stated publication and filing conditions.