Law Summary
Composition and Organization of the Office
- The Office of the Ombudsman includes the Overall Deputy, Deputies for Luzon, Visayas, Mindanao, Armed Forces, and the Special Prosecutor.
- The President may appoint other Deputies as necessary upon the Ombudsman's recommendation.
Appointment and Qualifications
- The Ombudsman, Deputies, and Special Prosecutor are appointed by the President from nominees submitted by the Judicial and Bar Council.
- Appointments consider regional, cultural, and ethnic representation.
- Qualifications include being a natural-born Filipino, at least 40 years old, a member of the Philippine Bar, and must not have been a candidate for any elective office immediately prior to appointment.
- The Ombudsman must have at least 10 years of judicial or law practice experience.
Rank, Salary, and Term
- The Ombudsman and Deputies have ranks and salaries comparable to constitutional commission members and chairpersons.
- Salaries cannot be reduced during their term.
- Term of office is seven years without reappointment.
Removal and Vacancy Procedures
- The Ombudsman can be removed only by impeachment for serious offenses such as graft, corruption, or betrayal of public trust.
- Deputies and the Special Prosecutor may be removed by the President after due process.
- Vacancies are temporarily filled by the Overall Deputy or other designated Deputies/Special Prosecutor.
Prohibitions and Restrictions
- The Ombudsman and Deputies cannot hold other offices, engage in professions or businesses, or have financial interests conflicting with their duties.
- They cannot run for elective office immediately after their term or practice before the Ombudsman for two years post-tenure.
- Relatives and associates are disqualified from appearing before or transacting with the Office during tenure.
Disclosure Requirements
- The Ombudsman, Deputies, and Special Prosecutor must file sworn disclosures of relevant relationships before assuming office and annually thereafter.
- Disclosures are public records.
Structural Organization and Powers
- The Ombudsman exercises overall supervision and control.
- Directorates for administration may be organized with heads having bureau director status.
- The Special Prosecutor’s Office conducts investigations and prosecutions involving cases under Sandiganbayan jurisdiction, including plea bargaining.
Official Stations
- Offices are located in Metropolitan Manila, Cebu City, and Davao City with flexibility to transfer within regions.
Mandate
- The Office acts promptly on complaints against government officials/employees.
- It enforces administrative, civil, and criminal liabilities when warranted.
Jurisdictional Restrictions and Court Relations
- Courts cannot issue injunctions to stall Ombudsman investigations except when jurisdiction is lacking.
- Only the Supreme Court may review Ombudsman decisions on questions of law.
Powers, Functions, and Duties
- Investigate and prosecute acts or omissions that appear illegal, unjust, improper, or inefficient.
- Primary jurisdiction over Sandiganbayan cases with power to take over investigations.
- Direct government officials to perform or correct duties and enforce disciplinary measures.
- Access documents including bank accounts and issue subpoenas.
- Make public investigations when prudent; ensure fairness and balance.
- Initiate recovery of ill-gotten wealth after Feb 25, 1986.
- Prioritize complaints against high-ranking officials, grave offenses, or involving large sums.
Scope of Applicability
- Applies to all forms of malfeasance during tenure of public officials.
Witness Immunities and Testimony
- Persons subpoenaed cannot refuse to testify citing self-incrimination, but cannot be prosecuted for compelled testimony.
- Immunity against prosecution can be granted to witnesses to elicit truthful evidence.
- Immunity does not protect against perjury or disciplinary action.
Procedural Rules
- The Office shall promulgate rules of procedure, with the Rules of Court as suppletory.
- Rules take effect after publication.
Administrative Complaints
- Ombudsman acts on complaints from all sources including acts contrary to laws, abuses, discrimination, errors, and irregularities.
Exceptions to Investigation
- Complaints may be dismissed for lack of jurisdiction, adequate remedies elsewhere, triviality, lack of interest, or late filing.
Disciplinary Authority
- Has disciplinary jurisdiction over all government officials except those removable only by impeachment, and Congress or Judiciary members.
Investigatory Power over Impeachable Officials
- Investigates serious misconduct by impeachable officials to support possible impeachment.
- Includes jurisdiction over private persons conspiring with government officials.
Formal Investigation Procedures
- Investigations follow due process and Office rules.
- The Ombudsman may enter offices, examine documents, and conduct private hearings.
- Referrals to other disciplinary authorities required to be acted upon promptly.
Preventive Suspension
- Certain government personnel can be preventively suspended for up to six months, without pay, during investigation if evidence is strong.
Penalties
- Administrative penalties range from suspension to dismissal and fines, proportionate to offense severity and circumstances.
Inquiry and Initial Complaint Handling
- Ombudsman inquires into complaints concerning inefficiency, wrongdoing, and irregularities.
- Respondents are given opportunity to answer; cases may be dismissed or pursued.
- Urgent protective orders may be issued.
Effectivity and Finality of Orders
- Provisionary orders are immediately executory.
- Motions for reconsideration allowed on limited grounds, decided expeditiously.
- Some decisions are final; administrative cases may be appealed to the Supreme Court.
Regional Offices and Investigations
- The Ombudsman may establish offices outside Manila for regional operations.
- Investigations in regions are reported promptly to the central Office.
Legislative Recommendations
- The Ombudsman may recommend changes or repeal of unjust or unfair laws.
Transmission and Publication of Decisions
- Adverse decisions are communicated promptly to concerned officials/agencies for action, including their explanations.
Designation of Investigators and Prosecutors
- The Ombudsman may designate personnel, including government prosecutors, to assist investigations and prosecutions.
- Such personnel are granted powers to administer oaths, issue subpoenas, and secure witnesses.
Rights and Duties of Witnesses
- Witnesses receive fees and allowances similar to court witnesses.
- Security may be provided upon request.
- Refusal to comply with subpoenas may lead to contempt proceedings.
Duty of Government Officers to Assist
- All government officials and employees are required to assist the Ombudsman when requested.
Annual Report
- The Ombudsman must submit an annual report on activities and performance to the President and Congress.
Malicious Prosecution Penalty
- Persons filing unwarranted or false complaints in bad faith may be punished with imprisonment and fines.
Penalties for Obstruction
- Willful obstruction or misleading of Ombudsman investigations may result in fines.
Franking Privilege
- Official Ombudsman mail and telegrams are transmitted free of charge under specified conditions.
Fiscal Autonomy
- The Office has fiscal autonomy with guaranteed budget not reducible below previous appropriations.
Appropriations
- The Special Prosecutor’s budget is consolidated under the Ombudsman’s Office.
- Funds for the Office of the Ombudsman are included in annual General Appropriations Acts.
Separability and Repealing Clauses
- Invalid provisions do not affect remaining provisions.
- Inconsistent laws, decrees, and regulations are repealed or amended.
Effectivity
- The Act becomes effective 15 days after publication in the Official Gazette or three newspapers.