Ombudsman Act: Organization and Powers

Policy and creation of offices

The State must maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
Public office is a public trust, and public officers and employees must be accountable to the people and serve with utmost responsibility, integrity, loyalty, efficiency, and with patriotism and justice, and lead modest lives.
The Office of the Ombudsman includes: (1) Office of the Overall Deputy, (2) Office of the Deputy for Luzon, (3) Office of the Deputy for the Visayas, (4) Office of the Deputy for Mindanao, (5) Office of the Deputy for the Armed Forces, and (6) Office of the Special Prosecutor.
The President may appoint other Deputies as necessity arises, as recommended by the Ombudsman.

Appointment, qualifications, and ranks

The Ombudsman and his Deputies, including the Special Prosecutor, are appointed by the President from a list prepared by the Judicial and Bar Council consisting of at least twenty one (21) nominees.
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, with each list published in a newspaper of general circulation.
The Office’s organization must consider regional, cultural, or ethnic considerations to make it representative 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 must not have been candidates for any elective national or local office in the immediately preceding election (regular or special).
The Ombudsman must have been, for ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.

Term, salary, and removal

The Ombudsman and his Deputies (including the Special Prosecutor) serve for a term of seven (7) years without reappointment.
The Ombudsman and his Deputies have the same ranks, salaries and privileges as the Chairman and members, respectively, of a Constitutional Commission.
Their salaries shall not be decreased during their term of office.
Members of the Ombudsman’s prosecution, investigation and legal staff receive salaries not less than those given to comparable positions in any government office.
The Ombudsman may be removed by impeachment for and conviction of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
A Deputy or the Special Prosecutor may be removed by the President on grounds provided for the removal of the Ombudsman, and after due process.

Structural organization and stations

The Ombudsman has supervision and control and is vested with the authority and responsibility for exercising the Office’s mandate and discharging its powers and functions.
The Office may organize directorates for administration and allied services as necessary; directors or heads must have the rank and salary of line bureau directors.
The Office of the Overall Deputy oversees and administers operations of the Office of the Ombudsman and performs other functions and duties assigned by the Ombudsman.
The Office of the Special Prosecutor is an organic component of the Office of the Ombudsman and is under the Ombudsman’s supervision and control.
The Office of the Special Prosecutor may (1) conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan, (2) enter into plea bargaining agreements, and (3) perform other duties assigned by the Ombudsman.
The Special Prosecutor has the rank and salary of a Deputy Ombudsman.
The Office’s position structure and staffing pattern, including the Special Prosecutor’s office, must be approved and prescribed by the Ombudsman, and the Ombudsman appoints officers and employees in accordance with civil service rules.
The Ombudsman and key Deputies must hold offices in: Metropolitan Manila (Ombudsman, Overall Deputy, Deputy for Luzon, Deputy for the Armed Forces), Cebu City (Deputy for the Visayas), and Davao City (Deputy for Mindanao).
The Ombudsman may transfer their stations within their respective geographical regions as public interest requires.

Eligibility, disqualifications, conflicts, and relationship disclosure

The Ombudsman and Deputies (including the Special Prosecutor) cannot hold any other office or employment during their tenure.
They cannot 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 or instrumentality (including GOCCs or their subsidiaries).
They must strictly avoid conflict of interest in the conduct of their office.
They cannot be qualified to run for any office in the election immediately following cessation from office.
They cannot appear or practice before the Ombudsman for two (2) years following cessation from office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree, and the Ombudsman’s law, business, or professional partners or associates within one (1) year preceding appointment, are disqualified from appearing as counsel or agent or transacting business directly or indirectly with the Ombudsman.
The disqualification applies during the official concerned’s tenure and extends to the law/business/professional firm for the same period.
The Ombudsman and Deputies (including the Special Prosecutor) must make an under-oath public disclosure of identities and relationships with the persons referred to in the disqualification rule.
The disclosure must be filed with the Office of the President and the Office of the Ombudsman before the appointee assumes office and every year thereafter.
The disclosures form part of public records and are available to any person or entity upon request.

Mandate, priority, and complaint handling

The Ombudsman and Deputies act promptly on complaints filed in any form or manner against officers or employees of the Government and any subdivision, agency or instrumentality (including GOCCs) and enforce administrative, civil, and criminal liability where evidence warrants.
The Ombudsman must investigate and enforce accountability to promote efficient service by the Government to the people.
The Office’s applicable conduct rules cover malfeasance, misfeasance, and nonfeasance committed by covered officers or employees during tenure of office.
The Ombudsman gives priority to complaints against high-ranking government officials and/or those in supervisory positions, complaints involving grave offenses, and complaints involving large sums of money and/or properties.

Ombudsman powers and investigatory tools

The Office investigates and prosecutes acts or omissions of public officers or employees that appear illegal, unjust, improper or inefficient, either on its own or on complaint.
The Office has primary jurisdiction over cases cognizable by the Sandiganbayan and may take over, at any stage, from any Government investigatory agency investigations of such cases.
Upon complaint or on its own instance, the Office may direct officers or employees of Government bodies, subdivisions, agencies, instrumentalities, and GOCCs with an original charter to perform and expedite acts required by law, or to stop, prevent, and correct abuse or impropriety.
The Office may direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects duties required by law, recommend removal/suspension/demotion/fine/censure/prosecution, and ensure compliance.
Refusal by an officer, without just cause, to comply with an Ombudsman order to remove, suspend, demote, fine, censure, or prosecute is a ground for disciplinary action against that officer.
The Office may direct the officer concerned, within limits under its rules of procedure, to furnish copies of documents relating to contracts or transactions involving disbursement or use of public funds or properties, and require reporting of irregularities to the Commission on Audit.
The Office can request assistance and necessary information from Government agencies and examine pertinent records and documents.
The Office may publicize matters covered by its investigation when circumstances warrant and with due prudence, and it may determine under its rules what cases may not be made public; any publicity must be balanced, fair and true.
The Office may determine causes of inefficiency, red tape, mismanagement, fraud, and corruption and recommend elimination and observance of high ethics and efficiency standards.
The Office administers oaths, issues subpoenas and subpoena duces tecum, takes testimony, and can examine and have access to bank accounts and records.
The Office may punish for contempt in accordance with the Rules of Court, using the same procedure and penalties.
The Ombudsman may delegate to Deputies or investigators/representatives authority or duty to ensure effective exercise of powers.
The Office investigates and initiates proper action for recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and prosecutes involved parties.
The Office may investigate serious misconduct in office allegedly committed by officials removable by impeachment, for filing a verified complaint for impeachment if warranted.
In cases of conspiracy between a government officer or employee and a private person, the Ombudsman may include the private person, proceed against the private person as evidence warrants, and require joint trial of both and subject them to the same penalties and liabilities.

Jurisdiction limits and court restrictions

No writ of injunction may be issued by any court to delay an Ombudsman investigation unless there is prima facie evidence that the subject matter is outside the Office’s jurisdiction.
No court may hear any appeal or application for remedy against the Ombudsman’s decision or findings except the Supreme Court, on pure question of law.

Administrative complaints: standards and exceptions

The Ombudsman acts on complaints involving acts or omissions that are, among others: contrary to law or regulation; unreasonable, unfair, oppressive or discriminatory; inconsistent with an agency’s general course of functions though consistent with law; the result of mistake of law or arbitrary ascertainment of facts; committed in the exercise of discretion for an improper purpose; or otherwise irregular, immoral or devoid of justification.
The Office may refuse to conduct the necessary investigation if it believes the complainant has an adequate remedy in another judicial or quasi-judicial body, or the matter is outside Ombudsman jurisdiction, or the complaint is trivial, frivolous, vexatious, or made in bad faith, or the complainant lacks sufficient personal interest, or the complaint was filed after one year from the occurrence of the act or omission complained of.

Complaint inquiry process and directives

The Office inquires into acts or omissions considered contrary to law/regulation; unreasonable, unfair, oppressive, irregular, or inconsistent with general operations; an error or gross/palpable error in applying or interpreting law/rules/regulations or in appreciating 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 Office receives complaints from any source in whatever form about an official act or omission and acts immediately.
If the complaint is entirely baseless, the Office dismisses it and informs the complainant of the dismissal citing reasons.
If there is reasonable ground to investigate further, the Office first furnishes the respondent a summary of the complaint and requires a written answer within seventy-two (72) hours from receipt.
If the answer is satisfactory, the Office dismisses the case.
When the complaint involves delay or refusal to perform a duty required by law, or urgent action is necessary to protect or preserve complainant rights, the Office issues orders directing the officer/employee/office/agency to expedite duty, cease or desist prejudicial acts, correct omissions, fully explain the administrative act in question, or take other necessary measures to protect and preserve rights.
Any delay or refusal to comply with referral or directive of the Ombudsman or Deputies constitutes a ground for administrative disciplinary action.

Formal investigations, referrals, and access

Administrative investigations must follow the Ombudsman’s rules of procedure and comply with due process.
The Office may refer certain complaints to the proper disciplinary authority for proceedings under appropriate rules, and those proceedings must be terminated within the period prescribed in the civil service law.
Any delay without just cause in acting on a referral is a ground for administrative action against the officers/employees to whom referrals are addressed and constitutes a graft offense punishable by a fine of not exceeding five thousand pesos (P5,000.00).
During investigations, the Ombudsman may enter and inspect premises, examine and access books/records/files/documents/papers, and conduct private hearings with both the complainant and the official concerned.

Preventive suspension and limits

The Ombudsman or a Deputy may preventively suspend an officer or employee pending investigation if evidence of guilt is strong and the charge involves dishonesty, oppression, grave misconduct, or neglect in performance of duty; warrants removal from service; or continued stay may prejudice the case.
Preventive suspension continues until termination of the case by the Office but must not exceed six months, without pay.
If delay in disposition is due to the respondent’s fault, negligence, or petition, that delay period is not counted when computing the six-month cap.

Administrative penalties and discipline

In administrative proceedings under Presidential Decree No. 807, the penalties and rules thereunder 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 five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both, at the Ombudsman’s discretion, considering mitigating or aggravating circumstances.

Immunities, compelled testimony, and contempt

In Ombudsman hearings/inquiries/proceedings, including preliminary investigations, a subpoenaed witness cannot be excused from attending and testifying or producing required books/papers/correspondence/memoranda/records on the ground that the testimony or evidence may incriminate the witness or subject the witness to prosecution.
No person is criminally prosecuted for or on account of any matter concerning which the person is compelled, after claiming the privilege against self-incrimination, to testify and produce evidence.
Under terms and conditions determined by the Ombudsman, taking into account the Rules of Court provisions, the Ombudsman may grant immunity from criminal prosecution when the testimony or production of documents/evidence is necessary to determine truth in an Ombudsman hearing/inquiry/proceeding in furtherance of constitutional functions and statutory objectives.
Immunity does not exempt a witness from criminal prosecution for perjury or false testimony and does not exempt from demotion or removal from office.
Refusal to appear or testify is punishable for contempt and results in removal of immunity from criminal prosecution.

Rules of procedure, effectivity, and suppletory application

The Office must promulgate rules of procedure for effective exercise or performance of its powers, functions, and duties.
The rules must include a provision making the Rules of Court suppletory.
The rules take effect after fifteen days following completion of publication in the Official Gazette or in three (3) newspapers of general circulation, one printed in the national language.

Preventive and enforceable orders outside Metro Manila

The Ombudsman may establish offices in municipalities, cities and provinces outside Metropolitan Manila under immediate supervision of the Deputies for Luzon, Visayas, and Mindanao where necessary as determined by the Ombudsman.
The Ombudsman may assign investigations to the regional or sectoral Deputy or to a special investigator proceeding under rules or special instructions or directives of the Office.
Pending investigation, the Deputy or investigator may issue orders and provisional remedies immediately executory subject to Ombudsman review.
After concluding an investigation, the Deputy or investigator must transmit within three (3) days the report and conclusions and entire case records to the Ombudsman.
The Ombudsman must issue the appropriate order/directive/decision within five (5) days after receipt of the report.

Officials covered by disciplinary authority

The Ombudsman has disciplinary authority over all elective and appointive officials of Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, GOCCs and their subsidiaries.
The Ombudsman’s disciplinary authority does not cover officials removable only by impeachment and does not cover Members of Congress and the Judiciary.

Investigators, prosecutors, and subpoena enforcement

The Ombudsman may use personnel of its office and/or designate or deputize any fiscal, state prosecutor or lawyer in the government service to act as special investigator or prosecutor to assist in investigation and prosecution.
Designated or deputized personnel must be under Ombudsman supervision and control.
The Ombudsman and investigators/prosecutors can administer oaths, issue subpoenas and subpoena duces tecum, summon and compel witnesses to appear and testify under oath before them and/or bring books/documents/other things under their control, and secure attendance or presence of absent or recalcitrant witnesses through application before the Sandiganbayan or any inferior or superior court having jurisdiction where the witness or evidence is found.

Witness rights, fees, security, counsel, and contempt

Persons required to provide information must be paid the same fees and travel allowances as witnesses whose attendance is required in trial courts.
Upon request, the Ombudsman furnishes security for the witness and family as warranted by circumstances, and the Ombudsman may call on any police or constabulary unit to provide such security at the Ombudsman’s expense.
Persons who provide oral or documentary information are accorded the same privileges and immunities as witnesses in courts and are entitled to assistance of counsel while being questioned.
If a person refuses to respond to subpoena, refuses to be examined, or engages in obstructive conduct, the Ombudsman or Deputy issues an order directing the person to appear to show cause why the person should not be punished for contempt, and contempt proceedings follow the Rules of Court.

Duty to assist the Ombudsman

Any officer or employee of departments, bureaus, offices, subdivisions, agencies, instrumentalities, including GOCCs and local governments, must render assistance to the Office of the Ombudsman when required by the Ombudsman, Deputy, or Special Prosecutor.

Procedure for finality, reconsideration, and appeal

Provisionary orders 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 and is entertained only on grounds of newly discovered evidence materially affecting the result or errors of law or irregularities prejudicial to the movant.
The motion for reconsideration is resolved within three (3) days from filing, and only one motion for reconsideration is entertained.
Findings of fact supported by substantial evidence are conclusive.
Orders/directives/decisions imposing public censure or reprimand or suspending not more than one month’s salary are final and unappealable.
Administrative disciplinary cases may be appealed to the Supreme Court by filing a petition for certiorari within ten (10) days from receipt of written notice of the order/directive/decision or denial of the motion for reconsideration, in accordance with Rule 45 of the Rules of Court.
The Office may amend or modify the above rules as the interest of justice requires.

Annual report and adverse transmittal

The Office of the Ombudsman must submit an annual report of activities and performance to the President and Congress within thirty (30) days from the start of the regular session of Congress.
When transmitting an adverse decision, conclusion, recommendation, or suggestion to the head of the affected department/agency/instrumentality or province/city/municipality, the Ombudsman must include the substance of any statement made by the public agency or official explaining past difficulties with or present rejection of Ombudsman proposals, unless excused by the agency or official affected.
Every case where the Ombudsman reaches a decision, conclusion, recommendation or adverse suggestion triggers immediate transmittal for necessary action by the proper head.

Special prosecution designation and plea bargaining

The Office of the Special Prosecutor conducts preliminary investigation and prosecutes criminal cases within the jurisdiction of the Sandiganbayan.
The Office of the Special Prosecutor may enter into plea bargaining agreements.
The Office of the Special Prosecutor performs other duties assigned by the Ombudsman, under Ombudsman supervision and control.
The Office of the Special Prosecutor’s prosecution staff are part of an organic component of the Office of the Ombudsman.

Recommendations to change unjust laws

If the Ombudsman believes a law or regulation is unfair or unjust, the Ombudsman must recommend necessary changes to the President and Congress or recommend repeal.

Financial autonomy and appropriations

The Office of the Ombudsman enjoys fiscal autonomy.
Appropriations for the Office may not be reduced below the amount appropriated for the previous years and, after approval, must be 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.
Thereafter, necessary sums must be included in the annual General Appropriations Act.

Offenses: malicious prosecution and obstruction

Any person who, actuated by malice or gross bad faith, files a completely unwarranted or false complaint against any government official or employee is punished by imprisonment of one (1) month and one (1) day to six (6) months and a fine not exceeding five thousand pesos (P5,000.00).
Any person who willfully obstructs or hinders the proper exercise of the functions of the Office of the Ombudsman, or willfully misleads or attempts to mislead the Ombudsman, Deputies and Special Prosecutor in replying to inquiries, is punished by a fine of not exceeding five thousand pesos (P5,000.00).

Franking privilege for Ombudsman communications

Official mail matters and telegrams of the Ombudsman addressed for delivery within the Philippines are received, transmitted, and delivered free of charge.
Mail matters addressed to private persons or non-government offices must not exceed one hundred and twenty (120) grams.
Telegrams sent through government telegraph facilities containing complaints to the Office of the Ombudsman are transmitted free of charge if the telegram contains not more than one hundred fifty (150) words.

Separability and repealing clause

If any provision of Republic Act No. 6770 is held unconstitutional, other provisions not affected remain valid and binding.
All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar as they are inconsistent with Republic Act No. 6770 are repealed or amended as the case may be.