The following text was taken from the Office of the Ombudsman Primer given to the new lawyers and guests during the IBP Davao City Chapter Orientation of New Lawyers.
How was the Office of the Ombudsman created?
The 1987 Constitution, in its declaration of Principles and State Policies, mandated that the State shall maintain honesty and integrity in public service and take positive and effective measures against graft and corruption. It was likewise reiterated that public office is a public trust and that public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. The same Constitution gave birth to the Office of the Ombudsman which it has expressly described as an “independent body” and “protector of the people”. It has vested the Office with brad and comprehensive powers in order to institute reforms in the bureaucracy and prosecute erring public officials.
With the nature of the Office of the Ombudsman under the fundamental law, President Corazon C. Aquino issued Executive Orders No. 234 and 244 on July 24, 1987 decreeing the formal organization of the Office of the Ombudsman, and transforming the former Tanodbayan into the Office of the Special Prosecutor as its organic part.
The presidential executive orders were superseded by Republic Act No. 6670, otherwise known as the Ombudsman Act of 1989, which was approved by President Corazon C. Aquino on November 17, 1989. RA 6670 further put flesh to the organization and functions of the Office of the Ombudsman, The same law reiterated the integration of the Office of the Special Prosecutor into the Office of the Ombudsman.
Under both the Constitution and RA 6670, the Ombudsman was principally tasked to investigate on its own or on complaint by any person, in any form or manner, by any act or omission of any public officer or employee, including those in government-owned or controlled corporations, which appears to be illegal, unjust, improper or inefficient. The Ombudsman was further tasked to perform the functions of graft prevention and public assistance.
On May 12, 1988, the Office of the Ombudsman became operational upon the appointment of the Ombudsman and his Deputy. Shortly thereafter, one Deputy Ombudsman each for Luzon, Visayas, and Mindanao were likewise appointed by the President. In 1990, Deputy Ombudsman for the Armed Forces of the Philippines was also designated.
Who may be appointed Ombudsman and Deputies?
The Ombudsman and their Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, shall be at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have for ten (10) years or more been a judge or engaged in the practice of law in the Philippines. (Art. XI, Sec. 8, 1987 Constitution)
The Ombudsman and his Deputies shall be appointed by the President from a list of at least six (6) nominees for every vacancy thereafter. Such appointments shall require no confirmation. They shall serve for a term of seven (7) years without reappointment. (Art. XI, Sec. 9 & 11, 1987 Constitution)
Mission Statement
As protectors of the people, we shall endeavor, in cooperation with all sectors of the Filipino society, to promote integrity and efficiency and high ethical standards in public service through proactive approaches in graft prevention and public assistance, prompt investigation of complaints and aggressive prosecution of cases filed against erring public officials and employees.
Vision Statement
A truly independent office run by God-fearing men and women with highest degree of competence, honesty and integrity, and effectively serving as watchdog, mobilizer, official critic and dispenser of justice for the people it is constitutionally mandated to protect.
Roles of the Office of the Ombudsman
Watchdog
It looks at the general and specific performance of government officials and employees in order that the law may be administered and executed justly, fairly and equally at all. It also sees to it that steady flow of service is accorded to the citizens.
Mobilizer
It effectively utilizes the support of non-governmental organizations (NGOs), the youth sector and other major sectors of the society in the drive against graft and corruption. It establishes a continuing partnership with other agencies for nationwide campaign for integrity in public service and propagation of sound Filipino values of honesty, discipline, respect for elders and authority.
Official Critic
It studies laws, procedures and practices in government, and makes appropriate recommendations for a systematic operation of the government machinery free from bureaucratic inconveniences.
Dispenser of Justice
It administratively sanctions erring government officials and employees and criminally charges and prosecutes the same officials including private persons found to have conspired with them.
Five Major Functions
1. Public Assistance. The Office of the Ombudsman extends assistance to citizens in getting from government basic public services.
2. Graft Prevention. The Office of the Ombudsman may prevent or stop a public officer or a government agency from performing an act which might cause injury to the government or to the people. Corruption prevention also embraces the study and adoption of ways and means to minimize, if not to eliminate, the opportunities for committing corruption, to awaken the people’s awareness of its evils and solicit their cooperation in its eradication, as well as to maintain efficiency in government operations.
3. Investigation. The Ombudsman exercises unique prerogative. He does not only conduct preliminary investigation of cases which may be filed with its Office. He even has the authority to conduct the fact-finding investigation to gather evidence, like what the police and National Bureau of Investigation (NBI) do. This has resulted in the prosecution of cases which otherwise would have been set aside for insufficiency of evidence.
4. Prosecution. The Ombudsman has the Office of the Special Prosecutor to prosecute the cases in the Sandiganbayan. In the regular courts, the regular prosecutors are deputized by the Office of the Ombudsman to handle the prosecution.
5. Administrative Adjudication. The Ombudsman may suspend or dismiss erring public officers and employees, including Cabinet Secretaries and all-other high-ranking officials except only the president and members of judiciary and congress. In all other criminal cases, however, all public officials and employees, without any exception, are under the Ombudsman’s investigative jurisdiction.
A project of the Office of the Ombudsman Community Coordination Bureau. Public Assistance and Corruption Prevention Office Tel. Nos. 926-8780/81; 926-9032 to 50
