The

Office
Ombudsman

of

the

shall have the following powers, functions and

duties:
1.
Investigate and prosecute on its own or on
complaint by any person, any act or omission of any
public officer or employee, office or agency, when
such act or omission appears to be illegal, unjust,
improper or inefficient. It has primary jurisdiction
over cases cognizable by the Sandiganbayan and, in
the exercise of his primary jurisdiction, it may take
over, at any stage, from any investigatory agency of
Government, the investigation of such cases (Sec.
15(1) R.A. No. 6770; see also Sec. 13(1), Article XI,
1987
Constitution);
2.

Direct, upon complaint or at its own instance,

any officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as well as any government-owned or
controlled corporations with original charter, to perform and expedite any act or
duty required by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties (Sec. 15(2) R.A. No. 6770; Sec 13(2) Article XI, 1987
Constitution);

3.

Direct the officer concerned to take appropriate action against a public officer
or employee at fault or who neglects to perform an act or discharge a duty required
by law, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith; or enforce its disciplinary authority
as provided in Section 21 or this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend,
demote, fine, censure, or prosecute an officer or employee who is at fault or who
neglects to perform an act or discharge a duty required by law shall be ground for
disciplinary action against said officer (Sec. 15(3) R.A. No. 6770; see also Sec 13(3),
Article
XI,
1987
Constitution);

4.

Direct the officer concerned, in any appropriate case, and subject to such
limitations as it may provide in its rules of procedure, to furnish it with copies of
documents relating to contracts or transactions entered into by his office involving
the disbursement or use of public funds or properties, and report any irregularity to
the Commission on Audit for appropriate action (Sec. 15(4) R.A. No. 6770; see also
Sec.
13(4),
Article
XI,
1987
Constitution);

5.

Request any government agency for assistance and information necessary in

the discharge of its responsibilities, and to examine, if necessary, pertinent records
and documents (Sec. 15(5), R.A. No.6770; see also Sec. 13(5), Article XI, 1987
Constitution);

6.

Publicize matters covered by its investigation of the matters mentioned in

paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due
determine what cases may not be made public: Provided further, That any publicity
issued by the Ombudsman shall be balanced, fair, and true (Sec 15(6) R.A. No.
6770;
see
also
Sec
13(6),
Article
XI,
1987
Constitution);

7.

Determine the causes of inefficiency, red tape, mismanagement, fraud, and

corruption in the Government and make recommendations for their elimination and
the observance of high standards of ethics and efficiency (Sec 15(7) R.A. No. 6770;
see
also
Sec
13(7),
Article
XI,
1987
Constitution);

8.

Administer
oaths,
issue subpoena and
subpoena duces
tecum, and take testimony in any
investigation or inquiry, including the power
to examine and have access to bank
accounts and records (Sec 15(8), R.A. No.
6770);

9.

Punish for contempt in accordance

with the Rules of Court and under the same
procedure and with the same penalties provided therein (Sec 15(9), R.A. No.
6770);

10.

Delegate to the Deputies, or its investigators or representatives such

authority or duty as shall ensure the effective exercise of performance of the
powers, functions, and duties herein or hereinafter provided (Sec 15(10), R.A. No.
6770);

11.

Investigate and initiate the proper action for the recovery of ill-gotten and/or
unexplained wealth amassed after February 25, 1986 and the prosecution of the
parties
involved
therein (Sec
15(11),
R.A.
No.
6770);

12.

Promulgate its rules of procedure and exercise such other powers or perform
such functions or duties as may be provided by law (Sec 13(7), Article XI, 1987
Constitution; see also Sec. 18, R.A. No. 6770);

QUESTIONS and ANSWERS: Proceeding before the ombudsman.

What are Ombudsman cases?

Ombudsman
cases
are
complaints filed in or taken
cognizance of by the Office
of
the
Ombudsman
charging any public officer
or
employee,
including
those in the governmentowned
or
controlled
corporations, with an act or
omission alleged to be
illegal, unjust, improper or
inefficient.
Such
a
complaint may be the
subject of criminal or
administrative proceedings, or both.
Is there a prescribed form for complaints to be filed with the Office of the
Ombudsman?
None. A complaint may be in any form, either verbal or in writing. For a
speedier disposition of the complaint, however, it is preferable that it
be in writing and under oath.
Does the Ombudsman entertain anonymous complaints?
Yes. However, a complaint which does not disclose the identity of the
complainant will be acted upon only if it merits appropriate
consideration, or contains sufficient leads or particulars to enable the
taking of further action.
Does the Office of the Ombudsman have jurisdiction to investigate private
persons?
Yes, in all cases of conspiracy between an officer or employee of the
government and a private person, the Ombudsman and his Deputies
shall have jurisdiction to include such private person in the
investigation and proceed against such private person as the evidence
may warrant. The officer or employee and the private person shall be
tried jointly and shall be subject to the same penalties and liabilities.

How is a criminal complaint acted upon by the Office of the Ombudsman?

The complaint will be evaluated and it may either be:

dismissed outright for want of palpable merit;

referred to respondent for comment;


indorsed to the proper government office or agency which has
jurisdiction over the case;

forwarded to the appropriate office or official for fact-finding

investigation;

Subjected to preliminary investigation.

How is preliminary investigation conducted in the Office of the Ombudsman?
Preliminary investigation of Ombudsman cases falling under the
jurisdiction of the Sandiganbayan and Regional Trial Courts shall be
conducted in the manner prescribed in the Rules of Court, Rule 112,
Section 3, subject to the following provisions:
If the complaint is not under oath or is based only on official reports,
the investigating officer shall require the complainant or supporting
witnesses to execute affidavits to substantiate the complaint.
After such affidavits have been secured, the investigating officer shall
issue an order, attaching thereto a copy of the affidavits and other
supporting documents, directing the respondents to submit, within ten
(10) days from receipt thereof, their counter-affidavits and
controverting evidence with proof of service thereof on the
complainant. The complainant may file reply affidavits within ten (10)
days after service of the counter-affidavits.
If the respondents do not file counter-affidavits, the investigating
officer may consider the comment filed by them, if any, as their answer
to the complaint. In any event, the respondent shall have access to the
evidence on record.
No motion to dismiss shall be allowed except for lack of jurisdiction.
Neither may a motion for a bill of particulars be entertained. If
respondents desire any matter in the complainants affidavit to be
clarified, the particularization thereof may be done at the time of
clarificatory questioning in the manner provided in paragraph (f)
hereof.
If the respondents cannot be served with the order mentioned in
paragraph b hereof, or having been served, does not comply therewith,
the complaint shall be deemed submitted for resolution on the basis of
the evidence on record.
If, after the filing of the requisite affidavits and their supporting
evidences, there are facts material to the case which the investigating
officer may need to be clarified on, he may conduct a clarificatory
hearing during which the parties shall be afforded the opportunity to
be present but without the right to examine or cross-examine the
witness being questioned. Where the appearance of the parties or
witnesses is impracticable, the clarificatory questioning may be
conducted in writing, whereby the questions desired to be asked by the

investigating officer or a party shall be reduced into writing and served

on the witness who shall be required to answer the same in writing and
served on the witness concerned who shall be required to answer the
same in writing and under oath.
Upon the termination of the preliminary investigation, the investigating
officer shall forward the records of the case together with his resolution
to the designated authorities for their appropriate action thereon.
No information may be filed and no complaint may be dismissed
without the written authority or approval of the Ombudsman in cases
falling within the jurisdiction of the Sandiganbayan, or the proper
Deputy Ombudsman.
Who are covered by the administrative disciplinary authority of the Office of
the Ombudsman?
All elective and appointive officials of
the government and its subdivisions,
instrumentalities
and
agencies,
including Members of the Cabinet,
local
governments,
governmentowned or controlled corporations and
their subsidiaries are subject to the
disciplinary authority of the Office of
the Ombudsman.
Are there public officials not covered by the
disciplinary authority of the Office of the
Ombudsman?
Yes, excepted from the coverage of
the disciplinary authority of the
Ombudsman
are
Members
of
Congress, the Judiciary, and officials
removable only by impeachment.
Is a Certificate of Non-Forum Shopping
required in an administrative case?
Yes, an administrative complaint shall be accompanied by a Certificate of
Non-Forum Shopping duly subscribed and sworn to by the complainant or
his counsel.
Yes, the following pleadings shall be deemed prohibited:
Motion to Dismiss, although any ground justifying the dismissal of the
case may be discussed in the counter-affidavits/pleadings of the party;
Motion for Bill of Particulars.

GALLERY.

Various Guides found within the Office of the Ombudsman.