Law Summary
Structure of the Office of the Ombudsman
- Comprised of the Overall Deputy; Deputies for Luzon, Visayas, Mindanao, Armed Forces; and Special Prosecutor.
- The President may appoint additional deputies as necessary.
Appointment Process
- The Ombudsman and deputies appointed by the President from nominees provided by the Judicial and Bar Council.
- Nominees lists are published publicly.
- Regional, cultural, and ethnic representation considered in appointments.
Qualifications
- Must be a natural born Filipino citizen, at least 40 years old.
- Must be a member of the Philippine Bar with recognized probity, independence.
- Must have at least 10 years of legal practice or judicial experience.
- Must not have been a candidate for elective office in the preceding election.
Rank, Salary, and Term
- Ombudsman and deputies receive ranks and salaries equivalent to Constitutional Commission members.
- Salaries cannot be decreased during the term.
- Term of office is seven years, non-renewable.
Removal and Vacancy
- Ombudsman removable only by impeachment for specified crimes including betrayal of public trust.
- Deputies and Special Prosecutor removable by the President after due process.
- Overall Deputy or another designated deputy acts as Ombudsman in case of vacancy or temporary absence.
Prohibitions and Conflicts of Interest
- Cannot hold other office or employment during tenure.
- Prohibited from engaging in other professions or business related to government contracts, franchises, or privileges.
- Cannot run for office immediately following tenure.
- Restricted from appearing before the Ombudsman or engaging in business related to it for set periods.
- Disqualification extends to spouses, relatives, and associates for certain periods.
Disclosure Requirements
- Ombudsman and deputies must publicly disclose relatives and associates involved in transactions with the Office.
- Disclosures are under oath, filed annually and before assumption of office, and are public records.
Organizational Authority and Structure
- The Ombudsman supervises and controls the Office.
- May organize directorates as necessary.
- Overall Deputy administers operations.
- Special Prosecutor oversees prosecution functions with certain powers including plea bargaining.
- Staffing and appointments follow civil service laws.
Official Stations
- Main offices located in Metropolitan Manila, Cebu City, and Davao City.
- Stations may be transferred within regions as needed.
Mandate and Jurisdiction
- To act promptly on complaints against public officials from any government subdivision or government-owned entities.
- Enforce administrative, civil, and criminal liability where evidence warrants.
Limitations and Judicial Review
- Courts generally cannot issue injunctions to delay Ombudsman investigations unless lack of jurisdiction is shown.
- Only the Supreme Court may review Ombudsman decisions on pure questions of law.
Powers and Duties
- Investigate and prosecute on own initiative or complaint any illegal, unjust, improper, or inefficient acts or omissions by public officials.
- Has primary jurisdiction over Sandiganbayan cases and investigative authority over government agencies.
- Can direct government officials to expedite duties or correct abuses.
- Has authority to enforce disciplinary actions including removal recommendations.
- May demand documents related to public funds and report irregularities to the Commission on Audit.
- Can publicize investigations prudently and fairly.
- Ability to recommend legal and ethical reforms.
- Power to administer oaths, issue subpoenas, punish contempt, delegate authority, and investigate ill-gotten wealth.
- Prioritizes high ranking officials and grave cases.
Scope of Application
- Applies to malfeasance, misfeasance, and nonfeasance committed by public officials during tenure.
Immunity and Witness Provisions
- Witnesses cannot refuse to testify or produce evidence on grounds of self-incrimination.
- Testifying pursuant to compulsion grants immunity from criminal prosecution for matters testified.
- Immunity does not extend to perjury or removal.
- Refusal to testify may lead to contempt and loss of immunity.
Procedural Rules
- Ombudsman promulgates procedural rules incorporating Rules of Court as suppletory.
- Rules take effect after publication.
Handling of Administrative Complaints
- Investigates complaints perceived as unlawful, unreasonable, unfair, arbitrary, or improper.
- May decline trivial, frivolous, or untimely complaints.
Disciplinary Authority
- Has power over all government officials except those removable only by impeachment and members of Congress and Judiciary.
Investigation and Prosecution
- May investigate misconduct by impeachable officials for potential impeachment complaints.
- Can include private persons in conspiracy investigations jointly with government officials.
Formal Investigations
- Conducted adhering to due process and Ombudsman rules.
- May refer cases to disciplinary bodies; delays in action may lead to sanctions.
- Can inspect premises, access records, and hold hearings.
Preventive Suspension
- Can suspend officials without pay pending investigation for strong evidence of dishonesty, grave misconduct, neglect, or to prevent prejudice.
- Suspension up to six months with conditions on extensions.
Penalties
- Applies penalties per Presidential Decree No. 807 or other administrative sanctions including suspension, dismissal, or fines.
Inquiries and Complaint Resolution
- Inquires into acts or omissions that are illegal, unjust, corrupt, inefficient, or improper.
- Summons written answers from respondents and can dismiss or continue investigations accordingly.
- Issues orders to expedite duties or correct acts.
Finality and Appeals
- Orders are immediately effective.
- Motions for reconsideration limited and decided quickly.
- Fact findings supported by substantial evidence are conclusive.
- Limited appeals to Supreme Court on administrative decisions.
Regional Offices and Investigations
- Can establish offices outside Manila under regional deputies.
- Regional deputies conduct investigations and report to central office.
Legislative Recommendations
- Ombudsman may recommend repeal or amendment of unfair or unjust laws to President and Congress.
Transmission and Publication of Adverse Decisions
- Adverse decisions transmitted to heads of affected agencies for appropriate action.
- Agency or official statements included, unless excused.
Investigators, Prosecutors, and Authority
- May designate government lawyers or staff as special investigators or prosecutors.
- Such personnel have powers to administer oaths, issue subpoenas, summon witnesses.
Witness Rights
- Witnesses entitled to fees, allowances, security, and counsel assistance.
- Refusal to comply may result in contempt proceedings.
Obligation to Assist
- All government officials must assist the Ombudsman when required.
Annual Reporting
- Ombudsman must submit annual report of activities to the President and Congress.
Malicious Prosecution Penalty
- Filing false or malicious complaints punishable by imprisonment and fine.
Penalties for Obstruction
- Obstructing or misleading the Ombudsman or staff punishable by fine.
Franking Privilege
- Official Ombudsman mail and telegrams sent within the Philippines are free of charge, subject to weight and word limits.
Fiscal Autonomy
- Ombudsman enjoys fiscal autonomy.
- Appropriations cannot be reduced below previous year and are regularly released.
Appropriations for Special Prosecutor
- Special Prosecutor's appropriations transferred to the Ombudsman.
- Future funding included in annual General Appropriations Act.
Legal Provisions
- Severability clause ensures validity of unaffected provisions if others held unconstitutional.
- Repeals inconsistent laws, decrees, and rules.
Effectivity
- Act takes effect 15 days after publication in official and general newspapers.