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Scandinavia is a region in Northern Europe

King Charles XII


 Hogsta Ombudsman
1713
Ombudsman comes from the Norwegian word
Umbodhsmadhr, meaning Administration Man
or King’s Representative.
The 1973 Constitution (Section 6, Article XIII)
Art.13 Section 6
Ombudsman known as the Tanodbayan

July 1978

Presidential Decree No 1487 to be know as the

Tanodbayan decree

PD no. 1607 Revising presidential decree no

1487
Year 1986

E.O 243 And 244

Special prosecution

July 1987

The Congress enacted on November 17, 1989

Republic Act No. 6770, otherwise known as the

Ombudsman Act of 1989


An ombudsman responsible for
investigating and prosecuting Philippine
government officials accused of crimes,
especially graft and corruption.
As protectors of the people, we shall endeavour, 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.
A truly independent office run by God-
fearing men and women with the highest
degree of competence, honesty and
integrity and effectively serving as
watchdog, mobilize, official critic and
dispenser of justice for the people it is
constitutionally mandated to protect.
Section 4 Appointment

Section 5 Qualifications

Section 7 Terms of Office

Section 8 Removal
It shall be the duty of the Ombudsman,
his Deputies, including the Special
Prosecutor to make under oath, to the best
of their knowledge and/or information, a
public disclosure of the identities of, and
their relationship with the persons referred
to in the preceding section.
The Office of the Ombudsman shall have the
following powers, functions and duties:
 Investigate and prosecute.
 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.
 Direct the officer concerned to take appropriate
action against a public officer or employee at fault or
who neglect 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 of
this Act.

 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.
 Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents;
 Publicize matters covered by its investigation of
the matters mentioned in paragraphs (1), (2), (3)
and (4).
 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;
 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;
 Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall
ensure the effective exercise or performance of
the powers, functions, and duties herein or
hereinafter provided;
 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.
RULES OF PROCEDURE OF THE OFFICE OF THE
OMBUDSMAN
Rule II
PROCEDURE IN CRIMINAL CASES
Section 2 Evaluation
Upon evaluating the complaint, the
investigating officer shall recommend whether it
may be:
a) Dismissed outright for want of palpable
merit;
b) Referred to respondent for comment;
c) Indorsed to the proper government office
or agency which has jurisdiction over the case.
d) Forwarded to the appropriate office or
official for fact-finding investigation;
e) Referred for administrative adjudication; or
f) Subjected to a preliminary investigation.
Section 3 Preliminary investigation

Preliminary Investigation may be conducted by


any of the following:
1) Ombudsman Investigators;
2) Special Prosecuting Officers;
3) Deputized Prosecutors;
4) Investigating Officials authorized by law to
conduct preliminary investigations or
5) Lawyers in the government service, so
designated by the Ombudsman.
Section 4 Procedure

a) 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 complaints.
b) 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, his
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.
c) If the respondent does not file a counter-affidavit,
the investigating officer may consider the comment
filed by him, if any, as his answer to the complaint.
In any event, the respondent shall have access to
the evidence on record.
d) 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
desires any matter in the complainant's affidavit to
be clarified, the particularization thereof may be
done at the time of clarificatory questioning in the
manner provided in paragraph (f) of this section.

e) If the respondents cannot be served with the


order mentioned in paragraph 6 hereof, or having
been served, does not comply therewith, the
complaint shall be deemed submitted for resolution
on the basis of the evidence on the record.
f) 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 concerned who shall be
required to answer the same in writing and under oath.

g) 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.
 Section 7 Motion for reconsideration
NAME POSITION

SAMUEL MARTIRES TANODBAYAN(OMBUDSM


AN)
MELCHOR A. CARANDANG OVER DEPUTY
OMBUDSMAN
GERAD A. MOSQUERA DEPUTY OF OMBUDSMAN
FOR LUZON
PAUL ELMER M. DEPUTY OMBSMAN FOR
CLEMENTE VISAYA
RODOLF M. ELMAN DEPUTY OF OMDUSMAN
FOR MINDANAO
CYRIL E. RAMOS DEPUTY OF OMBUDSMAN
FOR MILITARY AND
POLICE
EDILBERTO G. SANDOVAL SPECIAL PROSECUTOR
The organic provisions finally approved insulated
the Office from political influence or interference
by:
 giving the Ombudsman and his Deputies, whose
appointments need no Congressional
confirmation, the rank of chairman and
members, respectively, of a Constitutional
Commission;
prescribing for them fixed term of Office
during which their salaries cannot be
diminished;
removable from Office only by
impeachment; and,
making it an independent office enjoying
fiscal autonomy.

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