Ombudsman Office organization and powers

Appointments, qualifications, and terms

The Ombudsman and his Deputies, including the Special Prosecutor, are appointed by the President from a list of at least twenty one (21) nominees prepared by the Judicial and Bar Council.
For each vacancy thereafter, the President appoints from a list of three (3) nominees, and the vacancy must be filled within three (3) months after it occurs.
Each nominee list is published in a newspaper of general circulation.
In filling Ombudsman Office positions, the law requires taking into account regional, cultural or ethnic considerations to make the Office as representative as possible of the regional, ethnic and cultural make-up of the Filipino nation.
The Ombudsman and Deputies (including the Special Prosecutor) must be natural born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and not have been candidates for any national or local elective office in the immediately preceding election (regular or special).
The Ombudsman must have, for ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.
The Ombudsman and his Deputies have the same ranks, salaries and privileges as the Chairman and members, respectively, of a Constitutional Commission, and their salaries shall not be decreased during their term of office.
The prosecution, investigation, and legal staff receive salaries not less than those given to comparable positions in any government office.
The Ombudsman and Deputies (including the Special Prosecutor) serve a term of seven (7) years without reappointment.

Removal, acting capacity, and stationing

The Ombudsman may be removed only on impeachment for and conviction of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust (Article XI of the Constitution governs).
A Deputy or the Special Prosecutor may be removed by the President for any of the grounds provided for the Ombudsman’s removal, after due process.
If the Ombudsman position becomes vacant due to death, resignation, removal, or permanent disability, 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 act, the President designates any Deputy or the Special Prosecutor as Acting Ombudsman.
For temporary absence or disability of the Ombudsman, the Overall Deputy performs the Ombudsman’s duties until the Ombudsman returns or is able to perform.
The Ombudsman and the Overall Deputy, Deputy for Luzon, and Deputy for the Armed Forces hold office in Metropolitan Manila; the Deputy for Visayas in Cebu City; and the Deputy for Mindanao in Davao City.
The Ombudsman may transfer stations within their respective geographical regions as public interest requires.

Conflicts, disqualifications, and required disclosures

The Ombudsman, Deputies, and Special Prosecutor must not hold any other office or employment during their tenure.
During tenure, they must not directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the Government or any subdivision, agency, instrumentality, including government-owned or controlled corporations or their subsidiaries.
They must strictly avoid conflict of interest in conducting their office.
They are not qualified to run for any office in the election immediately following cessation from office.
They may not appear or practice before the Ombudsman for two (2) years after cessation from office.
A spouse or relative by consanguinity or affinity within the fourth civil degree, and the Ombudsman’s law, business, professional partner, or associate within one (1) year preceding the appointment, may not appear as counsel or agent on any matter pending before the Ombudsman or transact business directly or indirectly with the Office of the Ombudsman.
This disqualification applies during tenure and extends to the law, business, or professional firm for the same period.
The Ombudsman, Deputies (including the Special Prosecutor) must make an under oath public disclosure of the identities and relationship with persons referred to by the disqualification rule.
The disclosure must be filed with the Office of the President and the Office of the Ombudsman before assuming office and every year thereafter.
Disclosures form part of public records and are available upon request.

Mandate, authority, and investigatory powers

The Ombudsman and his Deputies, as protectors of the people, must act promptly on complaints filed in any form or manner against government officers or employees and enforce administrative, civil and criminal liability where evidence warrants.
The Ombudsman is vested with authority and responsibility for exercising the Office’s mandate and for supervision and control of the Office.
The Ombudsman may organize directorates for administration and allied services as necessary; directors or heads have the rank and salary of line bureau directors.
The Overall Deputy oversees and administers operations of offices under the Office of the Ombudsman and performs other functions assigned by the Ombudsman.
The Special Prosecutor’s Office consists of the Special Prosecutor and prosecution staff as an organic component under the Ombudsman’s supervision and control.
The Special Prosecutor has powers (under the Ombudsman’s supervision and control and upon the Ombudsman’s authority) to:
- conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan;
- enter into plea bargaining agreements; and
- perform other duties assigned by the Ombudsman.
The Ombudsman appoints all officers and employees of the Office (including the Special Prosecutor’s Office) in accordance with civil service law, rules and regulations, and sets the position structure and staffing pattern for the Office.

Courts’ restrictions and immunities

No court may issue a writ of injunction to delay an Ombudsman investigation under this Act unless there is prima facie evidence that the subject matter is outside the Ombudsman’s jurisdiction.
No court may hear an appeal or application for remedy against the Ombudsman’s decision or findings except the Supreme Court, on pure question of law.
Witnesses subpoenaed to testify in Ombudsman hearings must not be excused from attending and testifying or producing records on the ground that the testimony or evidence may tend to incriminate them.
A person who is compelled to testify after claiming the privilege against self-incrimination is protected from criminal prosecution for or on account of matters concerning which the person was compelled to testify.
The Ombudsman may grant immunity from criminal prosecution to a person when the person’s testimony or production of documents or evidence is necessary to determine the truth in Ombudsman hearings, inquiries, or proceedings in furtherance of constitutional functions and statutory objectives, subject to terms and conditions taking into account the Rules of Court.
Immunity does not exempt a witness from criminal prosecution for perjury or false testimony, nor from demotion or removal from office.
Refusal to appear or testify is punishable for contempt and results in removal of immunity from criminal prosecution.

Administrative complaints, exceptions, and proceedings

The Ombudsman acts on complaints involving acts or omissions that are:
- contrary to law or regulation;
- unreasonable, unfair, oppressive, or discriminatory;
- inconsistent with the general course of an agency’s functions though in accordance with law;
- from a mistake of law or arbitrary ascertainment of facts;
- in the exercise of discretionary powers but for an improper purpose;
- otherwise irregular, immoral, or devoid of justification.
The Ombudsman may not conduct the necessary investigation of an administrative act or omission if it believes that:
- the complainant has an adequate remedy in another judicial or quasi-judicial body;
- the matter is outside the Ombudsman’s jurisdiction;
- the complaint is trivial, frivolous, vexatious, or made in bad faith;
- the complainant has no sufficient personal interest in the subject matter; or
- the complaint was filed after one year from the occurrence of the act or omission complained of.
The Ombudsman has disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities, and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials removed only by impeachment and over Members of Congress and the Judiciary.
The Ombudsman may investigate serious misconduct committed by officials removable by impeachment for the purpose of filing a verified complaint for impeachment when warranted.
In cases of conspiracy between a government officer or employee and a private person, the Ombudsman and Deputies have jurisdiction to include the private person in the investigation and proceed against the private person as evidence warrants.
The officer or employee and the private person are tried jointly and are subject to the same penalties and liabilities.
Administrative investigations must be in accordance with the Ombudsman’s rules of procedure and consistent with due process.
At its option, the Ombudsman may refer certain complaints to the proper disciplinary authority for administrative proceedings, which must be terminated within the period prescribed in the civil service law.
Any delay without just cause in acting on an Ombudsman referral is a ground for administrative action and constitutes a graft offense punishable by a fine not exceeding PHP 5,000.00.
In any investigation, the Ombudsman may:
- enter and inspect office premises;
- examine and have access to books, records, files, documents, or papers; and
- hold private hearings with both the complaining individual and the official concerned.

Preventive suspension and administrative penalties

The Ombudsman or a Deputy may preventively suspend any officer or employee under authority pending an investigation if evidence of guilt is strong and:
- the charge involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty; or
- the charges would warrant removal from service; or
- the respondent’s continued stay in office may prejudice the case.
Preventive suspension continues until the case is terminated by the Office of the Ombudsman but not more than six (6) months, and is without pay.
The six-month period is not counted if the delay in disposition of the case by the Office is due to the fault, negligence, or petition of the respondent.
In administrative proceedings under Presidential Decree No. 807, the penalties and rules provided therein apply.
In other administrative proceedings, the penalty ranges from:
- suspension without pay for one year to dismissal with forfeiture of benefits, or
- a fine ranging from PHP 5,000.00 to twice the amount malversed, illegally taken or lost, or both,
- at the discretion of the Ombudsman, considering mitigating or aggravating circumstances.

Inquiries, directives, and compliance consequences

The Office of the Ombudsman inquires into acts or omissions of public officers, employees, offices, or agencies that, based on reports or complaints it received, are:
- contrary to law or regulation;
- unreasonable, unfair, oppressive, irregular, or inconsistent with the general course of operations and functions;
- an error in application or interpretation of law, rules, or regulations, or a gross or palpable error in appreciation of facts;
- based on improper motives or corrupt considerations;
- unclear or inadequately explained when reasons should have been revealed; or
- inefficiently performed or otherwise objectionable.
The Ombudsman receives complaints from any source in whatever form concerning an official act or omission.
The Ombudsman acts immediately on a complaint:
- If entirely baseless, it dismisses the complaint and informs the complainant of the dismissal citing the reasons.
- If there is reasonable ground to investigate further, it must first furnish the respondent a summary of the complaint and require a written answer within seventy-two (72) hours from receipt.
- If the answer is satisfactory, it dismisses the case.
If the complaint involves delay or refusal to perform a duty required by law, or urgent action is necessary to protect or preserve the complainant’s rights, the Ombudsman issues orders directing the concerned officer, employee, office, or agency to:
- expedite performance of the duty;
- cease or desist from a prejudicial act;
- correct the omission;
- fully explain the administrative act in question; or
- take other steps necessary under the circumstances to protect and preserve rights.
Delay or refusal to comply with Ombudsman referrals or directives constitutes a ground for administrative disciplinary action.

Provisional orders and Supreme Court review

All provisionary orders of the Office of the Ombudsman are immediately effective and executory.
A motion for reconsideration of any order, directive, or decision must be filed within five (5) days after receipt of written notice.
A motion for reconsideration is entertained only on grounds of:
- new evidence materially affecting the order, directive, or decision; or
- errors of law or irregularities committed prejudicial to the interest of the movant.
The motion for reconsideration is resolved within three (3) days from filing.
Only one motion for reconsideration is entertained.
Findings of fact supported by substantial evidence are conclusive.
Orders or decisions imposing public censure or reprimand or suspension of not more than one month’s salary are final and unappealable.
In administrative disciplinary cases, orders, directives, or decisions may be appealed to the Supreme Court by filing a petition for certiorari within ten (10) days from receipt of written notice of the decision or of the denial of the motion for reconsideration, in accordance with Rule 45 of the Rules of Court.
The Ombudsman may amend or modify these rules as the interest of justice requires.

Local investigation operations

The Office of the Ombudsman may establish offices in municipalities, cities, and provinces outside Metropolitan Manila under immediate supervision of the Deputies for Luzon, Visayas, and Mindanao when necessary as determined by the Ombudsman.
Ombudsman investigations may be assigned to the relevant regional or sectoral deputy or a special investigator who proceeds under Ombudsman rules, special instructions, or directives.
Pending investigation, the deputy or investigator may issue orders and provisional remedies immediately executory, subject to review by the Ombudsman.
Within three (3) days after concluding an investigation, the deputy or investigator transmits the report and conclusions together with the entire records to the Office of the Ombudsman.
Within five (5) days after receipt of the report, the Ombudsman renders the appropriate order, directive, or decision.

Recovery of ill-gotten wealth and priority matters

The Office of the Ombudsman investigates and initiates proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986, and prosecutes the parties involved.
The Ombudsman gives priority to complaints filed against:
- high ranking government officials and/or those in supervisory positions; and
- complaints involving grave offenses; and
- complaints involving large sums of money and/or properties.

Investigation assistance, subpoena powers, and witness rights

The Ombudsman may utilize its personnel and may designate or deputize any fiscal, state prosecutor, or lawyer in the government service as special investigator or prosecutor to assist in investigation and prosecution, under the Ombudsman’s supervision and control.
Ombudsman and its investigators and prosecutors have authority to:
- administer oaths;
- issue subpoena and subpoena duces tecum;
- summon and compel witnesses to appear and testify under oath and/or bring books and documents and other things under their control; and
- secure attendance or presence of any absent or recalcitrant witness through application before the Sandiganbayan or before any inferior or superior court having jurisdiction where the witness or evidence is found.
Persons required to provide information are paid the same fees and travel allowances extended to witnesses in trial courts.
Upon request, the Ombudsman furnishes security for a witness’s person and family as warranted by circumstances, and may call on any police or constabulary unit at the Ombudsman’s expense.
Persons providing oral or documentary information are accorded the same privileges and immunities as witnesses in courts.
Witnesses are entitled to assistance of counsel while being questioned.
If a person refuses to respond, refuses examination, or engages in obstructive conduct, the Ombudsman issues an order directing the person to appear to show cause why the person should not be punished for contempt.
Contempt proceedings are conducted pursuant to the Rules of Court.
Officers and employees of any department, bureau, office, subdivision, agency, instrumentality, including government-owned or controlled corporations and local governments, must render assistance when required by the Ombudsman, Deputy, or Special Prosecutor.

Public reporting, protection against abuse, and penalties

The Office of the Ombudsman must render an annual report of its activities and performance to the President and Congress within thirty (30) days from the start of the regular session of Congress.
Any person actuated by malice or gross bad faith who files a completely unwarranted or false complaint against a government official or employee is punishable by one (1) month and one (1) day to six (6) months imprisonment and a fine not exceeding PHP 5,000.00.
Any person who willfully obstructs or hinders the proper exercise of the Office of the Ombudsman’s functions, or willfully misleads or attempts to mislead the Ombudsman, Deputies, and Special Prosecutor in replying to inquiries, is punished by a fine not exceeding PHP 5,000.00.
The Ombudsman has franking privilege: all official mail matters and telegrams addressed for delivery within the Philippines are received, transmitted, and delivered free of charge, with these limits:
- mail matters addressed to private persons or non-government offices must not exceed one hundred and twenty (120) grams; and
- telegrams sent through government telegraph facilities containing complaints to the Office must not exceed one hundred fifty (150) words.
The Office of the Ombudsman enjoys fiscal autonomy: appropriations may not be reduced below the amount appropriated for previous years and, after approval, are automatically and regularly released.
The appropriation for the Office of the Special Prosecutor in the current General Appropriations Act is transferred to the Office of the Ombudsman, and thereafter necessary sums are included in the annual General Appropriations Act.

Implementation mechanics and recommendations

The Office may organize additional administrative directorates to discharge functions effectively, with heads holding line bureau director rank and salary.
The Ombudsman’s actions include:
- taking priority attention to high-ranking and grave/large-amount complaints;
- publicizing investigatory matters when circumstances warrant with due prudence, while allowing Ombudsman rules to determine cases that may not be made public; and
- ensuring any publicity issued is balanced, fair and true.
The Ombudsman may request assistance and information from government agencies and examine pertinent records and documents when necessary.
The Ombudsman may direct furnishing of copies of documents relating to contracts or transactions involving disbursement or use of public funds or properties, and report irregularities to the Commission on Audit.
When the Ombudsman reaches a decision, conclusion, or recommendation adverse to a public official or agency, it must transmit the matter to the head of the concerned department, agency, instrumentality, or local government for immediate action.
In transmitting an adverse decision, the Ombudsman includes the substance of any statement the public agency or official made to explain past difficulties with or present rejection of the Ombudsman’s proposals, unless excused by the affected agency or official.
If the Ombudsman believes a law or regulation is unfair or unjust, it must recommend to the President and Congress the necessary changes or repeal.

Finality, effectivity, and amendments

Provisionary orders are effective immediately and executory, and substantial-evidence fact findings are conclusive.
Only one motion for reconsideration is entertained and must be filed within five (5) days from written notice.
Republic Act No. 6770 takes effect after fifteen (15) days following publication in the Official Gazette or in three (3) newspapers of general circulation in the Philippines.
If any provision is held unconstitutional, the remaining provisions remain valid and binding (separability clause).
All laws, presidential decrees, letters of instructions, executive orders, rules, and regulations inconsistent with this Act are repealed or amended as the case may be (repealing clause).
The Act was approved on November 17, 1989.