Professional Documents
Culture Documents
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bribed. In 1993, a similar split in half can C. The Magnitude of and Losses due
be discerned. While 50 percent said none to Corruption
or few judges could be bribed or bought, 49 It is difficult to estimate the total losses
percent thought many or most could (SWB due to corruption. The best measure is the
July 1994). However, one out of two amounts involved in cases filed with the
Filipinos considered the degree of Ombudsman. The Office of the
corruption in the judiciary serious (SWB Ombudsman (OMB) reported that about P9
July 1993). billion was lost to government due to
malversation, estafa (swindling) and
Over the years, the performance of the violation of the provision of RA 3019 (the
government in fighting graft and Anti-Graft and Corrupt Practices Act) for
corruption was evaluated more poorly than a period of eight and a half years (1990 to
that of the overall performance. It June 1998) (OMB 1998). In the
indicated that the government Ombudsman’s report, 63 agencies and
performance in fighting corruption has departments contributed to the losses.
indeed has been dismal. Philippine However, the top ten of these agencies
Ombudsman, Aniano Desierto, in a nation- alone accounted for almost P8.5 billion.
wide public affairs TV program, Firing
Line, aired on September 14, 1998, stated Large though these sums are, bigger
that the Philippine anti-corruption amounts are involved in cases involving the
landscape “is improving as evidenced by the Marcoses. From the Office of the Special
good marks the country is getting from Prosecutor under the Ombudsman, the
international groups like Transparency money value of cases filed against the
International (IT) and the Political and Marcoses involving the same offences
Economic Risk Consultancy (PERC), Ltd”. (malversation, estafa and RA 3019
The Hong Kong based Political Economic violations) for the same period was P1,117
Risk Consultancy Ltd, likewise graded 12 billion. These cover cases of behest loans,
Asian countries and ranked the Philippines both filed and under review and
the 4th least corrupt country in its survey. investigation, forfeiture cases, PCGG cases
for recovery, criminal cases against Marcos
As PERC (1998:1) hinted, most survey cronies, and criminal cases against other
grades deteriorated probably as a reflection public officials. The Ombudsman claimed
of the change of sentiment in businessmen that, “the government lost P1.4 trillion and
from “turning a blind eye to corruption continues to lose P100M daily since the
when economic times are good. As economic Office began investigating corruption in
conditions worsened, however, such government since 1988.”4 This is similarly
tolerance disappeared... Economic pointed out by President Joseph Estrada
conditions were becoming more difficult when he said, “at least P24.13 B of what
and it was easier for businessmen to see the the Philippine government spent last year
link between that deterioration and for various projects was lost to graft and
corruption.” On the whole, the results of corruption, or barely 20% of all project
national and international surveys funds are lost to grafters.”5
consistently depict the Philippines as
riddled with corruption and unable to
effectively fight corruption.
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graft-busters was tapped. Several unions integrity and corruption. Their initial
had tangled with their respective approach centered not on punishing
management on the issue of their corruption, but in being involved in keeping
accountability and performance. The union government operations clean and effective.
in the National Electrification The Community Employment and
Administration has unearthed anomalies Development Program (CEDP) of the late
and delays in the implementation of some 1980s became the laboratory for this new
projects such as the USD$ 192 million rural partnership of government and cause-
electrification revitalization program, a oriented groups. For instance, the National
joint project of the World Bank and the Movement for Free Elections (NAMFREL)8
Office of Economic Cooperation Fund of branched from election cases to the
Japan (Manila Chronicle, November 13, monitoring of CEDP implementation in
1995:4). The most successful effort is still various local areas. Based on this virtual
that as described by Gaffud (1994), which experiment, the government promulgated
was able to remove the top administrators guidelines on the use of such volunteer
of an agency in 1990. The union questioned groups for exception monitoring.
transactions worth P176 million, including
overpricing, purchases made without being Some associations focused directly on
utilized, purchases made for non-existent preventing corruption. Operasyong
projects, etc. After being ignored by the Walang Lagay (OWL), its name connoting
Department of Justice and the higher a movement to prevent bribery, assisted
officials of the department to which it is some departments and local governments
attached, the union finally found a in streamlining procedures and improving
listening ear in an NGO (non-government bidding committees. However, it folded in
organization), the Gising Bayan 1989 because the volunteers could not cope
Foundation, which then filed complaints with the increasing demands on their time,
with the Ombudsman. After investigation, a very real problem for volunteerism in a
President Aquino dismissed three assistant growth field such as corruption.
administrators, but not the head
administrator. The National Coalition of Transparency
was launched in 1989 to show that public
Since 1986, the leadership of at least support for measures to enhance
seven other unions faced harassment, accountability could still be mustered.
intimidation, and sometimes, removal from Composed of over thirty NGOs, including
office for their anti-corruption stance. Bishop-Businessmen’s Conference (BBC),
Nevertheless, they have succeeded in NAMFREL, and other groups that were in
bringing cases of corruption, abuse and the forefront of the anti-Marcos struggle,
nepotism practiced by their superiors to the it put forward a comprehensive approach
attention of control bodies such as the to the problem as it recognized the private
Commission on Audit, the Ombudsman sector’s incrimination in the continuation
and legislative committees for further of governmental corruption. Lacking self-
investigation. righteousness, its first campaign was for
its membership to pay the proper taxes,
G. Participation of the Non- and thus be morally capable of censuring
governmental Sector the dissipation of public revenues by
People power energized in the EDSA
8
inflamed non-government organizations NAMFREL is now active in sponsoring seminar-
(NGOs) to get concerned about issues of workshops on Japan’s koban system of policing.
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that of a Supreme Court justice. criminal cases, however, all public officials
and employees, without any exception, are
B. Five (5) Major Functions12 under the Ombudsman’s investigative
The Ombudsman performs five major jurisdiction.
functions, such as investigation, graft
prevention, public assistance, prosecution, In consonance with all these functions
and administrative adjudication. It is performed by the Ombudsman, s/he shall
invested with corresponding authority to act on all complaints, but not limited to acts
be able to carry out these functions. The or omissions which:
investigative function of the Office involves
determination of violations of the anti-graft (i) are contrary to law or regulations;
laws by public functionaries through fact- (ii) are unreasonable, unfair, oppressive
finding or evidence gathering. It also or discriminatory
includes the finding of probable cause (iii) are inconsistent with the general
through formal preliminary investigation course of an agency’s function, though
for the purpose of prosecution. in accordance with law;
(iv) proceed from a mistake of law or an
In graft prevention, the Office has the arbitrary ascertainment of facts;
authority to prevent the commission of (v) are in the exercise of discretionary
graft by ordering or stopping the powers but for an improper purpose;
implementation of government contracts or
that are found to be disadvantageous to the (vi) are otherwise irregular, immoral or
government. In the exercise of its public devoid of justification.
assistance, the Office of the Ombudsman
extends assistance to citizens in getting In its effort to solve the twin evils of graft
basic public services from the government. and corruption, the Office of the
In prosecution, the Office may file charges Ombudsman employs a two-pronged
or prosecute cases in court against erring strategy: confrontational and psychological
public officials and private citizens found approaches.
to have connived with them. The Office of
the Special Prosecutor may prosecute the The confrontational approach involves
case in the Sandiganbayan. In the regular the administrative and criminal
courts, regular prosecutors are deputized investigation and prosecution of erring
by the Office of the Ombudsman to handle members of the bureaucracy. In this
prosecution. regard, a number of criminal cases were
filed in the Sandiganbayan involving high-
Under its administrative adjudication ranking officials and about 2,500 cases
function, the Office has the authority to referred to the ordinary courts involving
conduct administrative penalties where the low-ranking members of the bureaucracy.
erring public official or employee, including To complement this capability, the Inter-
Cabinet Secretaries, may be suspended or Agency Consultative Committee with the
dismissed from public service. It holds Commission on Audit (COA), Civil Service
disciplinary authority over all government Commission (CSC), Philippine Commission
functionaries, except the president and Against Graft and Corruption (PCAGC),
members of congress and the judiciary and and the National Bureau of Investigation
other impeachable officials. In all other (NBI) have been formed and organized for
effective coordination.
12 The Ombudsman Primer, p.2.
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As part of the strategy, the tripod system moral values of honesty, as well as
was adopted to enforce honesty and educating the public on preventive
efficiency. This system includes the measures in its fight against graft and
establishment of Corruption Prevention corruption. At present, about 200 CPU’s
Units (CPUs), Junior Graftwatch Units have been already organized from among
(JGUs) and installation of the Offices of the civic-minded non-governmental
Resident Ombudsman. The CPU’s were organizations.
organized to broaden community
participation and serve as the The Junior Graftwatch Units (JGU’s)
Ombudsman’s eyes and arms, closely have been organized to mobilize the youth
monitoring critical and substantially (both at high school and college level,
funded government projects and/or including the out-of-school youth) in the
transactions in their respective areas of fight against graft and corruption, by
concern. They also serve as a front desk to encouraging them to become the primary
receive and facilitate requests for coordinating arm of the Ombudsman with
assistance, complaints, or reports of any respect to the educational and motivational
anomalous or corrupt practices. In projects involving youth, and as an effective
addition, the CPU’s work hand-in-hand ally of the Office of the Ombudsman. All
with the Office of the Ombudsman in over the country, there are already seven
promoting the objectives of the latter hundred and seventy-four (774) Junior
through the conduct of various activities Graftwatch Units accredited by the
involving community participation, such as Ombudsman. These are organized to
consultative workshops, symposia, develop and strengthen their instinct of
seminars and conferences, developing goodness and idealism which is anchored
DETERRING
CORRUPTION
PROACTIVE
GRAFT
PREVENTION
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in the principle that a child who grows up See Figure I for the stages of graft
in an environment of honesty will be prevention as conceived by the
difficult to corrupt when s/he attains Ombudsman.
maturity.
The psychological approach adopted has
The Office of the Ombudsman believes been designed to create and nurture an
that in empowering the citizenry to practice environment of integrity in the Philippine
their innate virtues of honesty and society. This proceeds from the principle
uprightness, and getting them involved in that corruption cannot thrive in a milieu
the Ombudsman’s struggle for the right of honesty. This approach, which has a
values, we can expect a citizenry with even long-range objective, is expected to have a
stronger moral fiber in the future. The lasting effect because it aims to develop a
Office’s graft prevention efforts are directed strong moral fiber for the citizenry.
at sustaining the support of all sectors of
Filipino society, which is a healthy sign of For this purpose, the Office has worked
empowering the citizenry in nation with the Education Department on
building. It has likewise installed Resident introducing graft prevention modules that
Ombudsmen (ROs) in 22 important will teach students old Filipino values of
departments of the government to serve as honesty and integrity. It has forged an
watchdogs and guardians of integrity and agreement with the Movie and Television
efficiency. They closely monitor the Review and Classification Board (MTRCB)
performance of government functionaries, to ascertain that corrupt practices pictured
thereby producing strong deterrence to in movie films and television programs
bureaucratic corruption and inefficiency. have redemptive values or punishment of
CONFRONTATIONAL
APPROACH
Protection Administrative
Investigation Adjudication
Community Public
Mobilization GRAFT-FREE
Assistance
BUREAUCRACY/SOCIETY
Resident
PSYCHOLOGICAL Ombusmen
APPROACH
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Governor. That would be denying the cases requiring fast actions. However,
government valuable human enforcement of these laws leaves much to
resources. be desired. The retention of officials whom
the President’s anti-graft agency itself
A possible alternative is to put more recommended to be removed suggests a
trust in transparency and the press lack of political will, and the priority of
(which requires an amendment of partisanship over the public interest. This
existing law). When a president would have provided an occasion for
chooses a person who shows articulating the Administration’s ethical
reluctance because of the divestment vision, catching a big fish, and warning
requirement, exemption must be everyone that the leadership means
made for that person, provided that business.
he or she discloses in detail and
publicly all personal interests that The people expect not only equal
have public implications. This could enforcement of the law, but even more
mean that the citizenry could keep strictness on persons perceived to be in the
track of the development of the President’s inner circle. Decisiveness
relevant businesses and industries, would also be perceived if the public is
while a valued member is in public informed of a clear connection between the
office. Conversely, the problem of official’s misdeed and his/her removal. Part
conflict of interest must be tackled of the popular dissatisfaction with the
head on by removing persons whose conduct of accountability is the lack of
personal interest prospered while closure of cases. The number of
they were in office. This is amply investigations that were not finished, or
provided for in RA 3019 and RA 6713, have “softer” findings and conclusions
even without the divestment when no longer laboring under the public
requirement. eye, does not increase public confidence in
the anti-corruption programs.
(iv) The schedule of penalties may also
be looked into. In some cases the C. Leadership in the Anti-
penalty may be too low, e.g, the corruption Drive
maximum imprisonment for Leadership of the organizations
corruption under RA 3019 is 15 years. primarily focused on fighting corruption
In others, it may be too high, e.g, the requires higher qualifications than what
sole penalty for grave misconduct on is normally demanded. This applies
first offence is dismissal from the particularly to the Ombudsman and to the
service. Extreme penalties do not heads of other agencies specifically created
encourage prosecution of offences, for this purpose. The very concept of an
even when they are blatant, because Ombudsman requires a person of high
of the cultural trait of “sayang” (waste integrity whose very presence provokes
of time) for those who will merit only respect and rectitude. The Philippines has
low penalties and “awa” (pity) for not been blessed with the appointment of
those who will be hit by harsh such persons to this office. Instead, they
punishment. have been controversial, such that they
raised questions about the Office, itself not
B. Enforcement only about its head. The President who
The Philippines has an impressive appoints the Ombudsman should be
number of laws to tackle practically all cognizant of the high expectations of the
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I. Moral Reform
Having role models, a code of ethics and
value formation exercises speak of a desire
for moral reform within the government.
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Table 1
OFFICE OF THE OMBUDSMAN
STATISTICAL REPORT ON CRIMINAL/ADMINISTRATIVE CASES
From 1988 to 1998
1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
OMB Cases Received during the year 57 3,722 3,997 5,142 5,303 8,172 9,454 6,122 8,117 8,150 8,551
Cases received back to pending 19 92 28 18
Old Tanodbayan Cases 1,811 2,814 998 145 314 105 154 46 552
Carry-over from the previous yeaer 6 3,536 6,403 8,805 9,928 12,789 14,652 12,975 12,473 9,159
Total Workload of Criminal/
Administrative Cases/ Complaints 1,868 6,592 8,511 11,690 14,422 18,205 22,397 20,839 21,736 20,651 17,728
Disposed of 1,862 3,056 2,108 2,885 4,494 5,416 7,772 7,864 9,263 11,492 10,816
Dismissed/ Closed and terminated 1,862 2,996 1,908 2,278 3,839 3,605 4,851 4,262 5,109 8,986 8,397
Penalty Imposed 73 93 95 179 296 253
Prosecution 60 200 607 655 1,738 2,828 3,507 3,975 2,210 2,166
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Regular Courts 405 393 1,378 2,198 2,988 3,734 1,722 1,700
Pending 6 3,536 603 8,805 9,928 12,789 14,625 12,975 12,473 9,159 6,912
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Table 2
WORKLOAD AND STATUS OF CRIMINAL AND ADMINISTRATIVE CASES
(as of December 31, 1997)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received during the year 1,246 1,494 2,075 1,150 2,185 8,150
Referred by the other OMB office 8 13 0 49 0 445
Disposed cases reverted back to pending 0 0 0 28 0 28
Carry-over from 1996 3,980 2,460 1,932 3,244 857 12,473
Total workload of criminal
and administrativecases 5,234 3,967 4,007 4,471 3,417 21,473
Less cases recalled to central
office / transferred to OMB office 186 68 177 9 5 445
Net workload of cases 5,048 3,899 3,830 4,462 3,412 20,651
Disposed 3,249 1,772 2,094 2,034 2,343 11,492
Dismissed / exonerated 2,812 1,337 1,527 1,520 989 8,185
Prosecution 254 383 357 451 765 2,210
Penalty imposed 148 15 86 47 0 296
Closed and terminated 35 37 124 16 589 801
Pending 1,799 2,127 1,736 2,428 1,069 9,159
Table 3
WORKLOAD AND STATUS OF CRIMINAL CASES
(as of December 31, 1997)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received during the year 880 1,125 1,242 847 1,370 5,454
Referred by the other OMB offices 7 13 0 46 255 321
Disposed cases reverted to pending 0 0 0 25 0 25
Carry-over from 1996 2,989 1,997 1,281 2,765 756 9,788
Total workload of criminal cases 3,876 3,125 2,523 3,683 2,381 15,855
Less cases recalled to central
office / transferred to OMB offices 179 2 132 6 3 321
Net workload of criminal cases 3,697 3,123 2,391 3,678 2,378 15,267
DISPOSED 2,749 1,480 1,440 1,746 1,643 9,058
Dismissed 2,460 1,097 1,070 1,295 878 6,800
Closed and Terminated 35 0 13 0 0 48
Prosecution 254 383 357 451 765 2,210
with regular courts 176 244 291 309 752 1,772
with Sandiganbayan 78 139 66 142 13 438
Pending 948 1,643 951 932 735 6,209
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Table 4
WORKLOAD AND STATUS OF ADMINISTRATIVE CASES
(as of December 31, 1997)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received during the year 366 379 833 303 815 2,696
Referred by the other OMB offices 1 0 0 3 120 124
Disposed cases reverted back to pending 0 0 0 3 0 3
Carry-over from 1996 991 463 651 479 101 2,865
Total workload of
administrative cases 1,358 842 1,484 788 1,036 5,508
Less cases recalled to central
office /transferred to other OMB offices 7 66 45 4 2 124
Net workload of administrative cases 1,351 776 1,439 784 1,034 5,384
DISPOSED 500 292 654 288 700 11,492
Dismissed / exonerated 352 240 457 225 111 1,385
Penalty imposed 148 15 86 47 0 296
Closed and terminated 0 37 111 16 589 753
Active / awaiting final disposition 851 484 785 496 334 2,950
Table 5
TOTAL WORKLOAD OF CRIMINAL AND ADMINISTRATIVE CASES
(as of December 31, 1996)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received 1,342 1,525 2,026 1,140 2,084 8,117
Referred by other OMB offices 19 13 1 16 243 292
Disposed cases reverted back to pending 0 0 5 87 0 92
OSP / TBP transferred cases 6 1 1 544 0 552
Carry-over from 1995 4,718 2,063 2,062 3,079 654 12,576
Total cases received 6,085 3,602 4,095 4,866 2,981 21,629
Less cases recalled to central
office /transferred to other offices 65 7 210 6 4 292
Net workload of cases 6,020 3,595 3885 4,860 2,977 21,337
Disposed 2,974 1,135 1,765 1,219 2,121 9,214
Dismissed 2,063 879 1,472 909 741 6,604
Prosecution 350 185 201 221 549 1,506
Penalty imposed 21 65 46 39 8 179
Closed and terminated 0 6 46 50 823 925
Pending 3,046 2,460 2,120 3,641 856 12,123
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Table 6
WORKLOAD AND STATUS OF CRIMINAL CASES
(as of December 31, 1996)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received 1,028 1,213 1,424 828 1,228 5,761
Referred by other OMB offices 18 13 1 10 178 220
Disposed cases reverted to pending 0 0 4 76 0 80
OSP/TBP transferred cases 6 1 1 544 0 552
Carry-over 1995 3,402 1,657 1,342 2,605 605 9,611
Total criminal cases received 4,454 2,884 2,772 4,103 2,011 16,224
Less cases recalled to central
office /transferred to other offices 60 7 144 5 4 220
Net workload of criminal cases 4,394 2,877 2,628 4,098 2,007 16,004
DISPOSED 2,339 880 1,159 936 1,252 6,566
Dismissed 1,989 695 941 701 703 5,029
Closed and terminated 0 0 17 14 0 31
Prosecution 350 185 201 221 549 1,506
with Regular Courts 195 181 153 194 542 1,265
with Sandiganbayan 155 4 48 27 7 241
Pending 2,055 1,997 1,469 3,162 755 9,438
Table 7
ADMINISTRATIVE CASES / COMPLAINTS
(as of December 31, 1996)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received 314 312 602 272 856 2,356
Referred by the Central Office 1 0 0 6 65 72
Disposed cases / reverted back to pending 0 0 1 11 0 12
Carry-over 1995 1,316 406 720 474 79 2,965
Total administrative cases received 1,631 718 1,323 763 970 5,405
Less cases recalled to central
office /transferred to other offices 5 0 66 1 0 72
Net workload of administrative cases 1,626 718 1,257 762 970 5,333
Disposed 635 255 606 283 869 2,648
Dismissed / exonerated 614 184 531 208 38 1,575
Penalty imposed 21 65 46 39 8 179
Closed and terminated 0 6 29 36 823 894
Active / awaiting final disposition 993 463 651 479 101 2,685
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Table 8
TOTAL WORKLOAD AND STATUS OF CRIMINAL AND
ADMINISTRATIVE CASES (as of December 31, 1995)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received 1,203 0 1,159 1,354 617 4,333
Referred by the Central Office 0 1,142 109 137 248 1,636
Disposed cases / reverted back to pending 0 0 0 19 0 19
Referred by the other OMB offices 27 18 6 19 285 355
OSP / TBP transferred cases 9 0 0 1 36 46
Carry-over 1994 5,855 1,692 2,257 3,459 602 13,865
Total criminal / administrative
cases received 7,094 2,852 3,531 4,989 1,788 20,254
Less cases recalled to central
office /transferred to other offices 30 2 85 231 7 355
Net workload of criminal /
administrative cases 7,064 2,850 3,446 4,758 1,781 19,899
Disposed 1,984 1,416 1,475 1,834 1,155 7,864
Dismissed 1,637 1,140 1,143 1,311 473 5,704
Prosecution 307 252 246 379 336 1,520
Penalty imposed 1 24 15 55 0 95
Closed and terminated 39 0 71 89 346 545
Pending 5,080 1,434 1,971 2,924 626 12,035
Table 9
CRIMINAL CASES
(as of December 31, 1995)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received 955 0 710 1,135 295 3,095
Referred by the Central Office 0 852 85 100 217 1,254
Disposed cases reverted back to pending 0 0 0 11 0 11
Referred by the other OMB office 21 15 4 10 250 300
OSP / TBP transferred cases 9 0 0 1 36 46
Carry-over 1994 4,372 1,272 1,446 2,796 559 10,445
Total criminal cases received 5,357 2,139 2,245 4,053 1,357 15,151
Less cases recalled to central
office /transferred to other office 26 2 64 206 2 300
Net workload of criminal cases 5,331 2,137 2,181 3,847 1,355 14,851
Disposed 1,576 1,105 929 1,397 775 5,782
Dismissed 1,266 853 648 987 439 4,193
Closed and terminated 3 0 35 31 0 69
Prosecution 307 252 246 379 336 1,520
Pending 3,755 1,032 1,252 2,450 580 9,069
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Table 10
ADMINISTRATIVE CASES / COMPLAINTS
(as of December 31, 1995)
Central
Particulars Luzon Visayas Mindanao Military Total
Office
Cases received during the year 248 0 449 219 322 1,238
Referred by the Central Office (CO) 0 290 24 37 31 382
Disposed cases / reverted back to pending 0 0 0 8 0 8
Referred by the other OMB office 6 3 2 9 35 55
Carry-over from 1994 1,483 420 811 663 43 3,420
Total administrative cases received 1,737 713 1,286 936 431 5,103
Less cases recalled to CO /transferred
to other office 4 0 21 25 5 55
Net workload of administrative cases 1,733 713 1,265 911 426 5,048
Disposed 408 311 546 437 380 2,082
Dismissed 371 287 495 324 34 1,511
Prosecution 1 24 15 55 0 95
Closed and terminated 36 0 36 58 346 476
Active / awaiting final disposition 1,325 402 719 474 46 2,966
523