Group 8: Powers and Limitations of the Ombudsman

Outline-making Group 8: Powers and Limitations of the Ombudsman

Constitutional Law Review – A

Justice Romulo V. Borja

Members:

Bontanon, Karl Patrick P.

Chiong, Ricarr Ann W.

Daroy, Danilo

Lee, Laarni L.

Manlegro, Rhenfacel J.
Group 8: Powers and Limitations of the Ombudsman

POWERS OF THE OMBUDSMAN AND THEIR LIMITATIONS THEREOF

Duty: The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints
filed in any form or manner against public officials or employees of the Government, or any subdivision,
agency or instrumentality thereof, including government-owned or controlled corporations, and shall,
in appropriate cases, notify the complainants of the action taken and the result thereof. (Sec. 12, Art. XIII,
The 1987 Constitution)

LIMITATION OF SUCH
POWER/FUNCTION
POWER/FUNCTION
Investigate and prosecute on its own or on The Ombudsman has no jurisdiction to entertain
complaint by any person, any act or omission of questions on the constitutionality of a law.
any public officer or employee, office or agency, (Estarija v. Ranada, G.R. No. 159314, June 26, 2006)
when such act or omission appears to be illegal,
unjust, improper or inefficient. (Sec. 13 (1), Article XI,
The 1987 Constitution)
Direct, upon complaint or at its own instance, The Office of the Ombudsman has NO
any officer or employee of the Government, or of JURISDICTION to investigate employees of
any subdivision, agency or instrumentality government-owned and controlled corporations
thereof, as well as any government-owned or organized under the Corporation Code. (Khan v.
controlled corporations with original charter, to Office of the Ombudsman, GR No. 125296, July 20, 2006)
perform and expedite any act or duty required by
law, or to stop, prevent, and correct any abuse or (NOTE: Sec. 13 (2), Art. XI, of the Constitution, the Office of the
Ombudsman exercises jurisdiction only over public
impropriety in the performance of duties. (Sec. 13
officials/employees of GOCCs with original charters)
(2) , Article XI, The 1987 Constitution)
Direct the officer concerned to take appropriate The Ombudsman’s administrative disciplinary
action against a public officer or employee at authority over public school teachers is NOT an
fault, and recommend his removal, suspension, exclusive power; it is held concurrently with the
demotion, fine, censure, or prosecution, and proper committee in the Department of
ensure compliance therewith. (Sec. 13 (3), Article XI, Education. (Office of the Ombudsman v. Pedro Delijero, GR
The 1987 Constitution) No. 172635, October 20, 2010)

Sec. 21 of RA 6770 vests with the Ombudsman

disciplinary authority over all elective and
appointive officials of the Government, except
impeachable officers, members of Congress,
and the Judiciary.
Publicize matters covered by its investigation That any publicity issued by the Ombudsman
when circumstances so warrant and with due shall be balanced, fair and true. (Section 15 (6), RA
prudence. (Sec. 13 (6), Article XI, The 1987 Constitution) 6770)
Preventively suspend any officer or employee The Court has laid down the rule that preventive
under his authority pending an investigation, if suspension may not exceed the maximum period
in his judgment the evidence of guilt is strong, of ninety (90) days, in consonance with Sec. 52 of
and (a) the charge against such officer or the Administrative Code of 1987. (Villas Nor v.
employee involves dishonesty, oppression or Sandiganbayan, GR No. 180700, March 4, 2008);
grave misconduct or neglect in the performance
of duty; (b) the charges would warrant removal The Ombudsman cannot impose preventive
from the service; or (c) the respondent's suspension in criminal cases. It is the court where
continued stay in office may prejudice the case the criminal case was filed that has the authority
filed against him. (RA 6770) to impose preventive suspension (Luciano v
Provincial Governor GR No. L-30306 June 20 1969)
The Ombudsman has the full discretion to While the Ombudsman has the full discretion to
determine whether or not a criminal case should determine whether or not a criminal case is to
Group 8: Powers and Limitations of the Ombudsman

be filed in the Sandiganbayan. (Ocampo v. Ombudsman, be filed, the Court is not precluded from
G.R. No. 103446-47, August 30, 1993) reviewing the Ombudsman’s action when there
is grave abuse of discretion. (Garcia-Rueda v.
Pascasio, G.R. No. 118141, September 5, 1997)
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. (RA 6770)
Punish for contempt in accordance with the
Rules of Court and under the same procedure and
with the same penalties provided therein. (RA
6770)
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. (RA 6770)
Promulgate its rules of procedure and exercise
such other powers or perform such functions or
duties as may be provided by law. (Sec. 13 (8), Article
XI, The 1987 Constitution)
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. 13 (7), Article
XI, The 1987 Constitution)
Direct the officer concerned, in any appropriate
case, and subject to such limitations as may be
provided by law, 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. 13 (4), Article XI,
The 1987 Constitution)
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. 13 (5), Article
XI, The 1987 Constitution)