ANSWERING TO THE PEOPLE:

Accountability of
Public Officers
Corruption is a crime and
crime does not pay.
Atty. Philip C. Camiguing
Acting Director, Preliminary Investigation, Administrative
Adjudication and Prosecution Bureau-D
Special Assistant for Special Concerns
Office of the Deputy Ombudsman for the Visayas
Integrity, Transparency and Accountability in Public Service
Objectives
1. To be able to identify acts and omissions of
public officers that are punishable under the law.

2. To be able to apply the law to actual cases that

resulted in conviction and/or imposition of
penalties.

Integrity, Transparency and Accountability in Public Service

 MANDATE
The Ombudsman and his Deputies, as protectors
of the people, shall act promptly on complaints
filed in any form or manner against officers or
employees of the Government …
(Section 13, RA 6770, Art. XI, Sec. 12, Constitution)

Integrity, Transparency and Accountability in Public Service

 JURISDICTION
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 illegal,
unjust, improper or inefficient.
(Section 15 (1), RA 6770)

Integrity, Transparency and Accountability in Public Service

 DISCIPLINARY AUTHORITY
All elective and appointive officials of the
government agencies, including Members of
the Cabinet, local government, GOCCs, except
over officials who may be removed only by
impeachment, members of Congress, and the
Judiciary. (Section 21, RA 6770)

Integrity, Transparency and Accountability in Public Service

 INVESTIGATIVE AUTHORITY

1. Over impeachable officers for purposes of

filing a complaint for impeachment

2. Over private individuals in conspiracy with a

public official or employee

(Section 22, RA 6770)

Integrity, Transparency and Accountability in Public Service

THE PROTECTOR OF THE PEOPLE
WATCHDOG
MOBILIZER
OFFICIAL CRITIC
DISPENSER OF JUSTICE
EQUALIZER
Integrity, Transparency and Accountability in Public Service
 5 Functions

Public Investigation
Investigation
Public
Assistance
Assistance

Graft Adjudication
Adjudication
Graft
Prevention
Prevention

Prosecution
Prosecution

Integrity, Transparency and Accountability in Public Service

 OMB
Submits complaints to OMB Sufficient NO
conducts
Fact-Finding evidence
(no or insufficient evidence)
Investigation gathered Termination of case

YES
Submits complaints to OMB
CITIZEN Formal Case
(sufficient evidence)

Criminal and/or Administrative

OMB orders respondent/s to OMB orders respondent/s to

file Counter-Affidavit file Counter-Affidavit

OMB orders complainant/s OMB orders complainant/s

to file Reply (optional) to file Reply (optional)

OMB requires Position

Clarificatory Hearing (optional)
Paper from complainant/s
and respondent/s

dismissal of case for filing In court

Clarificatory Hearing (optional)

MTC / RTC SANDIGANBAYAN Sanction of

respondent
dismissal of case

Dismissal
Reprimand Fine Suspension
from Service
REPUBLIC ACT 3019
(The Anti-Graft and
Corrupt Practices Act)

Integrity, Transparency and Accountability in Public Service

 Villa vs. Sandiganbayan
(G.R. No. 87186, April 24, 1992)
 Criminal case against officials of the Mactan
International Airport in connection with the
anomalous procurement of electrical items
 The Airport General Manager and the Technical
Inspector of the COA were convicted for
persuading, inducing or influencing each other to
award the contract to an entity which was not a
supplier of electrical equipment
Integrity, Transparency and Accountability in Public Service
 Villa vs. Sandiganbayan
(G.R. No. 87186, April 24, 1992)

Ruling: Convicted

(3 to 6 years imprisonment, and

perpetual disqualification

from public office)

RA 3019 Section 3 (a)
Persons liable:
 The public officer who persuades,
induces or influences another public
officer to perform an act that violates
rules and regulations or to commit an
offense in connection with the official
duties of the latter; and
 The public officer who allows himself to
be persuaded, induced or influenced.

Integrity, Transparency and Accountability in Public Service

 Cadiao-Palacios vs. People
(G.R. No. 168544, March 31, 2009)

 The Mayor of Culasi, Antique, and her Security Officer

were charged for demanding and receiving kickback
from a private contactor that constructed certain roads of
the municipality
 The grease money was made as a condition that the final
payment would not be released to the contactor unless
the Mayor receives her kickback

Integrity, Transparency and Accountability in Public Service

 Cadiao-Palacios vs. People
(G.R.
( No. 168544, March 31, 2009)

Ruling:
Convicted (6 to 9 years imprisonment,
with accessory penalties)

Integrity, Transparency and Accountability in Public Service

RA 3019 Section 3 (b)

 Requesting or receiving gift, present,

share, percentage or benefits for
himself or for another person
 In connection with any contract or
transaction between the gov’t and any
other party
 Wherein the public officer has
official capacity to intervene.

Integrity, Transparency and Accountability in Public Service

 RA 3019 Section 3 (c)
 Requesting or receiving any
gift, present or any benefit
 For any help given or to be
given
 In securing or obtaining any
government permit or license.

Integrity, Transparency and Accountability in Public Service

 Valera vs. Ombudsman
(G.R. 167278, February 27, 2008)

 Administrative Case against a Deputy Customs

Commissioner of the Bureau of Customs
 Petitioner caused the employment of his brother-in-law
in a brokerage firm which regularly deals with
petitioner’s office
 Mere acceptance by his brother-in-law of employment
with a private enterprise which has a pending official
business with Petitioner’s office is considered a corrupt
practice
Integrity, Transparency and Accountability in Public Service
 Valera vs. Ombudsman
(G.R.
( 167278, February 27, 2008)

Ruling:
Dismissed from Service
for Grave Misconduct.

Integrity, Transparency and Accountability in Public Service

RA 3019 Section 3 (d)

Accepting or having any member

of his family accept employment
in a private enterprise
Which has pending official
business with him
During the pendency thereof or
within one year after his
termination.

Integrity, Transparency and Accountability in Public Service

 Alvarez vs. People
(G.R. 192591, June 29, 2011)

 Criminal case against a Mun. Mayor for railroading the

award of a contract to API for the construction of a
shopping mall, even if API was unqualified to undertake
the project
 Rules on BOT scheme violated, no competitive bidding,
Mayor gave unwarranted benefits to API
 Alvarez vs. People
(G.R. 192591, June 29, 2011)

Ruling: Convicted
(6 to 10 years Imprisonment, Perpetual
disqualification from holding public
office, and to indemnify the LGU the
amount of 4.3 Million in damages)

Integrity, Transparency and Accountability in Public Service

 Baldebrin, et.al. vs. Sandiganbayan
(G.R. Nos. 144950-71, March 22, 2007)

 Criminal Case against officials and employees of the

DPWH-Negros Oriental Office
 Conspiracy in the irregular disbursements of “ghost”
deliveries of materials used in various highway projects,
thereby causing undue injury to the government
 The illegal disbursements were done through
falsification of public and commercial documents

Integrity, Transparency and Accountability in Public Service

Baldebrin, et.al. vs. Sandiganbayan
(G.R.
( Nos. 144950-71, March 22, 2007)

Ruling:
Convicted (4 to 7 years Imprisonment,
Perpetual disqualification from holding public
office, and indemnity to the government for
the amount involved in each case)

Integrity, Transparency and Accountability in Public Service

RA 3019 Section 3 (e)
Causing undue injury or giving
unwarranted benefits, advantage or
preference to any party
In the discharge of official
administrative or judicial functions
Through manifest partiality, evident bad
faith or gross inexcusable negligence.

Integrity, Transparency and Accountability in Public Service

 Galario vs. Ombudsman
(G.R. No. 166797, July 10, 2007)

 Petitioner was the City Mayor of Valencia City, Bukidnon

 OMB found probable cause to indict the Mayor for his
refusal to act within reasonable time on the Order of the
CSC, directing him to reinstate Ms. RP to her position as
City Budget Officer
 The Mayor did not implement the CSC’s Order. Instead,
he threatened to file a case against Ms. RP, and offered
and lured her to resign, with payment of all retirement
benefits
 Galario vs. Ombudsman
(G.R. No. 166797, July 10, 2007)

Ruling:

CONVICTED
(imprisonment of 6 years and 1 month, as
minimum, to 7 years as maximum, with perpetual
disqualification from public office)
RA 3019 Section 3 (f)
PO neglects or refuses to act without
sufficient justification after due demand or
request has been made on him
Neglect or refusal by PO to act within a
reasonable time
Failure to act is for the purpose of obtaining,
directly or indirectly, from any person
interested in the matter some pecuniary or
material benefit or advantage in favor of an
interested party, or discriminating against
another.

Integrity, Transparency and Accountability in Public Service

 Tirol, Jr. vs. Commission on Audit
(G.R. No. 133954, August 3, 2000)

 Accused-Petitioner was the Regional Director of

DepEd-Region V
 OMB found probable cause to indict him and
other DepEd officials for overpricing of various
school equipment for LN High School
 Accused’s participation in the offense consists in
the approval of the RIV and the check in
connection with the transaction

Integrity, Transparency and Accountability in Public Service

 Tirol, Jr. vs. Commission on Audit
(G.R. No. 133954, August 3, 2000)

Ruling:
Supreme Court affirmed the
Ombudsman’s finding of probable cause
to indict the accused-petitioner

Integrity, Transparency and Accountability in Public Service

RA 3019 Section 3 (g)

 Entering into any contract or

transaction manifestly and
grossly disadvantageous to the
government
 Whether or not the public officer
profited or will profit thereby.

Integrity, Transparency and Accountability in Public Service

 R.A. 6713

(The Code of Conduct and

Ethical Standards for Public
Officials and Employees)
53
54
55
56
57
58
59
 Shall not Directly or Indirectly
have any Financial or material
interest in any transaction
requiring the approval of their
Office
(Section 7-a)

Integrity, Transparency and Accountability in Public Service

 DURING INCUMBENCY OR WITHIN 1 (ONE) YEAR
AFTER RESIGNATION, RETIREMENT OR SEPARATION
(Section 7-b)
 Own, control, accept employment in any
private enterprise licensed by their office

 Engage in the private practice of their

profession

 Recommend any person to any position in a

private enterprise which has pending official
transaction with their office

Integrity, Transparency and Accountability in Public Service

 Ombudsman vs. Santos
(G.R. No. 166116, March 31, 2006)

 Administrative case against a Principal of a public

elementary school
 She actively participated in the management of GCM, a
private school, while serving as Principal of a
government school
 She falsified her DTR to make it appear that she reported
for work, when in fact, she went to GCM to attend a
private school function

Integrity, Transparency and Accountability in Public Service

 Ombudsman vs. Santos
(G.R.
( No. 166116, March 31, 2006)

Ruling:

The Supreme Court affirmed the

Ombudsman’s Decision dismissing
petitioner from service

Integrity, Transparency and Accountability in Public Service

 make any disclosure and/or misuse
confidential information (section 7-c)
 solicit or accept any gift or monetary
value (section 7-d)

Integrity, Transparency and Accountability in Public Service

 Cabaron and Cabaron vs. People
(G.R. No. 156981, October 5, 2009)

 Criminal case against an Asst. Provincial

Prosecutor and his wife
 Accused solicited/demanded P50,000.00 from the
mother of AP, who has pending cases before the
Provincial Prosecutor’s Office, in order that AP
can get a favorable resolution of his cases
 OMB-VIS found probable cause
Integrity, Transparency and Accountability in Public Service
 Cabaron and Cabaron vs. People
(G.R. No. 156981, October 5, 2009)

Ruling:
Convicted (Imprisonment of 1 to 2
years, moral damages of P30,000.00 to
private complainant)

Integrity, Transparency and Accountability in Public Service

Manindigan Kontra Katiwalian
Cases filed with the Sandiganbayan against
High Ranking Government Officials

Former Chairman and

other officials of the
Former PNP Chief PAGCOR for
Malversation and
and other high-
graft arising from the
ranking police irregular purchase of
officers arising Baler movie tickets,
from the disbursements to
anomalous favored organizations,
purchase of and mishandling of
donated rice
helicopters
Manindigan Kontra Katiwalian
 Cases filed with the Sandiganbayan against
High Ranking Government Officials

Former VP
DBP executives
arising from
and other Senators and anomalous
businessmen for Congressmen parking
the grant of arising from project
Php660 million PDAF scam
behest loans

Manindigan Kontra Katiwalian

 Cases filed with the Sandiganbayan against
High Ranking Government Officials

“Euro Generals” for anomalous

disbursements of PNP
intelligence and confidential
Governor of Ilocos Sur funds for their travel expenses in
for graft arising from Russia
improper use of Php
26M public funds Former DAR Assistant
Secretary, for soliciting
Php610,000 in exchange of
favorable bidding results
Manindigan Kontra Katiwalian
 Cases filed with the Sandiganbayan against
High Ranking Government Officials

Ex-PTV 4 General
Manager and
Consultant for graft
arising from irregular Former Director General and
disbursement of more other officials of TESDA for
than Php 13M graft cases over “TESDA” scam
commissions

Manindigan Kontra Katiwalian

Cases filed with the Sandiganbayan against High
Ranking Government Officials

Negros Oriental
Gov. faces raps Cebu Governor for
for P480M graft arising from a
calamity fund Php99M land scam
mess 

Manindigan Kontra Katiwalian

 Convicted High-Ranking Government Officials

Chairman,
Seven BFP
Phil Crop
official for Mayor and Municipal Insurance
graft arising
Treasurer of Tayug, Corporation
from the
Pangasinan for for
Php6M
Misappropriation of Falsification
“Ghost
Php 787,700 public for
Purchase” of
funds tampering
vehicle spare
parts meal
receipts
Manindigan Kontra Katiwalian
 Convicted High-Ranking Government Officials

Governor of
Two BOC
Misamis
officials
Mayor of Dapitan Oriental for
for under
for graft and violation of the
declaring
malversation for anti-graft
assets and
pocketing about arising from
businesses
Php1M of the personal use of
in the
confidential fund public
SALN
equipment

Manindigan Kontra Katiwalian

 High-Ranking Government Officials
Dismissed from the Service

Consul BOC
General for executive for
falsification unexplained
of his PDS wealth

Manindigan Kontra Katiwalian

 High-Ranking Government Officials Dismissed
from the Service

DOJ Assistant
PRC State
Commissioner Prosecutor
for demanding charged with
and receiving Direct Bribery
commission for Php2M
for Baguio extortion from
satellite office PALEA
rentals members

Manindigan Kontra Katiwalian

 Barangay Officials found Guilty

Capiz Barangay
barangay officials
officials suspended for
suspended soliciting from
for Yolanda calamity
fund victim 
assistance
(Lemery, Iloilo)
mess 
 17 January 2017  05 July 2016

Manindigan Kontra Katiwalian

 Barangay Ex-barangay
chairman in captain
Manila was convicted of
convicted of
graft, estafa 
Malversation for on the purchase of the
consenting to and
permitting a certain patrol car worth
Ramil Rodriguez to P221,277.00 through a
receive the P2,400 financing scheme
quarterly wage of his
despite the allocation
deceased father, a street
sweeper, without proper and release of the budget
appointment and in full
consent of the barangay
council. 18 Oct 2016
30 May 2016

Manindigan Kontra Katiwalian

 Former barangay chairman of Manila was sentenced
to imprisonment after he was found guilty of seven
counts of violation of Section 3(b) of the Anti-Graft
and Corrupt Practices Act (Republic Act No. 3019).
 Judge Marivic Balsi-Umali of the Regional Trial
Court (Branch 20) of Manila sent Chairman Albert
Austria to prison for six years and one month as
minimum, to 10 years and one month as maximum
for each count.
Ombudsman prosecutors presented an eyewitness
who testified that Austria received a total of
P146,000.00 from the owner of ALJON Trading in
exchange for barangay projects from 2009 to 2010.
 Documents were also presented showing Austria’s
signatures on various vouchers acknowledging
receipt of the money.
26 Feb 2016
Manindigan Kontra Katiwalian
Barangay Officials Convicted ofUnlawful Arrest
17 February 2014

The Metropolitan Trial Court (MeTC) Branch 1 of Manila convicted

Barangay Chairmen Arkie Rosales, Roque Castro and Carlos Salvador in
a criminal case initiated by the Office of the Ombudsman upon sworn
complaint of Numeriano Posecion, Jr. and Norberto Posecion. Based on
the Joint Decision of Judge Ma. Ruby Camarista, Rosales was found
guilty of violating Article 269 of the Revised Penal Code (RPC) for the
unlawful arrest of Norberto Posecion. In addition, Rosales together with
Castro and Salvador were found guilty of violating Article 128 (Violation
of Domicile) of the RPC. Numeriano positively identified Rosales as the
person who arrested Norberto at gun-point without any judicial order. It
was also proven that private complainants were not in the act of
committing an offense at the time of the arrest. The conviction for
Unlawful Arrest carries the penalty of imprisonment of six (6) months
and a fine of P500.00, while the penalty for Violation of Domicile is
imprisonment ranging from six (6) months and one (1) day to two (2)
years and four (4) month
Manindigan Kontra Katiwalian
Barangay chair, treasurer convicted of malversation
16 December 2013

In a 10-page Decision, Presiding Judge Dinnah C. Aguila-

Topacio of the Regional Trial Court (RTC) of Manila, Branch
42, found Chairman Leo C. De Guzman, and Treasurer Violeta
F. Arendela, both of Barangay 95, Zone 8, District 1, Tondo,
guilty beyond reasonable doubt of the crime of Malversation of
Public Funds (Article 217 of the Revised Penal Code) and
Falsification by a Public Officer (Article 171 of the RPC). The
court found that in September 2001, De Guzman and Arendela
malversed the barangay funds worth P157,850.93 and converted
the same to their own personal use or benefit. In order to secure
the release of monetary privileges in the form of additional
honoraria, wages and reimbursements, De Guzman and Arendela
falsified a barangay resolution by cutting the signatory portion of
a 2000 Sangguniang Barangay (SB) Resolution and attaching it
to a new resolution which was photocopied and filed after using
correction fluid to erase certain entries such as the date and
travelling expenses.
Manindigan Kontra Katiwalian
 Government Agencies with Most
Number of Cases Filed

1 LGU 2,028 6 D A 119

2 PNP 1,315 7 D A R 112

3 AFP 249 8 BFP 108

Bureau of Customs
4 DENR 163 9
83
1
5 DepEd 120 0 Dept. of Finance 79
Manindigan Kontra Katiwalian
 Number of
Cases filed
before the
Sandiganbayan
according to the
Nature of the
Offense
 OPEN FORUM

Integrity, Transparency and Accountability in Public Service

HON. SAMUEL R. MARTIRES
OMBUDSMAN
OFFICE OF THE OMBUDSMAN
AGHAM ROAD, DILIMAN, QUEZON CITY

HON. PAUL ELMER M. CLEMENTE

DEPUTY OMBUDSMAN FOR THE VISAYAS
OFFICE OF THE OMBUDSMAN-VISAYAS
M. VELEZ ST., GUADALUPE,CEBU CITY

VISAYAS@OMBUDSMAN.GOV.PH
WWW.OMBUDSMAN.GOV.PH

PUBLIC ASSISTANCE UNIT (CEBU)

(032) 416-6134 (T/FAX)
(032) 412-5341
(032) 412-5440 LOC. 110 & 111

ILOILO REG’L OFFICE: (033) 509-5644 (T/FAX)

(033) 509-4655

TACLOBAN REG’L OFFICE: (053) 5234010 (T/FAX)

(053) 523-3042