ARTICLE VIII responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local
Section 5.​​ The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six months without the
consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the underprivileged. Such rules
shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.
ARTICLE X
Section 3​​. The Congress shall enact a local government code which shall provide for
a more responsive and accountable local government structure instituted through a
system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
officials, and all other matters relating to the organization and operation of the local
units.
Local Government Code
● The structuring of local governments and the allocation of powers,
responsibilities, and resources among the different LGUs and local officials
have been placed by the Constitution in the hands of Congress
● Present structure: executive distinct from legislative body
○ Different from the form of gov’t under the old Metro Manila
Commission where a Commission exercised both legislative and
executive powers
● Principal guidelines given to Congress for structuring local government
units are that the structure must be “responsive and accountable” and
“instituted through a system of decentralization”
○ Structure must be:
■ sensitive to the needs of the locality (helped by provision
on initiative and referendum)
■ Accountable to the electorate of the locality
■ Freed as much as possible from central government
interference
● Effective system of recall is one instrument of immediate accountability
○ Recall: a device or procedure by which a public official’s tenure
may be terminated by popular vote; encompassed in the notion of
popular sovereignty; applied to both elective and appointive
officials
○ Current law on Recall: Local Government Code of 1991
Section 4​​. The President of the Philippines shall exercise general supervision over
local governments. Provinces with respect to component cities and municipalities,
and cities and municipalities with respect to component barangays, shall ensure that
the acts of their component units are within the scope of their prescribed powers
and functions.
President and Local Governments
● General supervision as no more than ensuring that laws are faithfully
executed or subordinate officers act within the law
Hierarchical Relation Among Local Units
● Section 4 provides the general guidelines for the relations among LGUs and
sets up a hierarchy of supervisory relations
○ Supervisory power of the superior LGU is limited to ensuring that
the acts of their component units are within the scope of their
prescribed powers and functions
 ● The section does not authorize the superior unit to substitute its judgement
in discretionary matters for that of the inferior unit
Section 5​​. Each local government unit shall have the power to create its own sources
of revenues and to levy taxes, fees and charges subject to such guidelines and
limitations as the Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments.
Sources of Revenue
● Municipal corporations possess no inherent power to tax
● Sources of Revenue of Municipal Corporation
○ Municipal powers of taxation
○ Internal revenue allotments from the national government
○ Lease of public utilities
○ Direct national aid
○ Miscellaneous sources like tution fees
● This section does not change the doctrine that municipal corporations do
not possess inherent powers of taxation
○ Instead, it confers on municipal corporations a general power to
levy taxes and otherwise create sources of revenue
● Power of local governments to tax is subject to limitations imposed by
Congress
● Local governments are authorized to impose business taxes but they can
only do so if the entity being subjected to business tax is a business
● Power of local governments to tax is liberally interpreted in its favor
against the state but it is strictly construed against the local government in
favor of the taxpayer
Section 6​​. Local government units shall have a just share, as determined by law, in
the national taxes which shall be automatically released to them.
Share in National Taxes
● Share in national taxes collected by the national government is another
source of revenue for local units
○ Amount determined by law
○ Distinct from taxes which local government itself might impose
● The share of local governments in national taxes must be automatically
released.
○ Neither Congress nor the Executive may impose conditions on the
release
○ Executive has the duty to automatically release the share of local
governments in the national taxes
○ Legislature is enjoined not to pass laws that might prevent the
executive from performing its duty (making the Constitution
amendable by statute)
● To maintain a fair and equitable distribution of national taxes, local units
must be created according to uniform and non-discriminatory criteria
prescribed in the Local Government Code
Section 7​​. Local governments shall be entitled to an equitable share in the proceeds
of the utilization and development of the national wealth within their respective
areas, in the manner provided by law, including sharing the same with the
inhabitants by way of direct benefits.
Share in Proceeds from Natural Resources
● Share in the proceeds from the exploitation and development of natural
resources found within the locality: another source of revenue for local
governments
○ Can take the form of financial benefits for the local units coming
from a share in fees, charges, and other incomes coming from the
development
○ Can also take the form of direct benefit for the population coming
in the form of cheaper electric power rates for energy sources in
the locality, or priority in employment
● Can be effected through national or local laws
Section 8​​. The term of office of elective local officials, except barangay officials,
which shall be determined by law, shall be three years and no such official shall
serve for more than three consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Term of Local Officials
● Limitations:
○ Term is only for 3 years
○ Prohibits local officials from serving for more than 3 consecutive
terms
● Limitations do not apply to barangay officials whose term and number of
allowable terms may be set by law
● For service to be counted as one term:
○ Official must have been elected to the position 3 consecutive times
■ Elected to the same position
■ To prevent establishment of political dynasties and to
enhance the freedom of choice of people
○ He must have served 3 full terms
 ■ Voluntary renunciation of office is not considered as
interruption in the continuity of his service for the full
term inly if the term is one for which he was elected
■ If Mr. A becomes mayor due to death of mayor and 6
months before the next election, he resigns and is twice
elected thereafter, can he run again? Yes. First year was
only to complete the service of the term of the deceased
and not he was elected.
● When an official is suspended, he does not shorten his term or his tenure
but he is still considered as the rightful holder of the office and must be
considered to have served a full term during the period of suspension.
Section 9​​. Legislative bodies of local governments shall have sectoral representation
as may be prescribed by law.
Sectoral Representation
● This was already an earned right in that sectoral representation was
already a reality in local legislative bodies
● Qualifications of sectoral representatives are determined by law
● Sectoral representation is provided for in the Local Government Code
Section 10​​. No province, city, municipality, or barangay may be created, divided,
merged, abolished, or its boundary substantially altered, except in accordance with
the criteria established in the local government code and subject to approval by a
majority of the votes cast in a plebiscite in the political units directly affected.
Creation, Division, Merger, Abolition, Substantial Change of Boundary
● Division creates a new municipality, and both dissolution and merger
abolish a legal creation, it may be inferred that these acts also legislative in
nature
● Section 10 makes creation, division, merger, abolition or substantial
alteration of boundaries provinces, cities, municipalities and barangays
subject to criteria established in the local government code (makes such
acts legislative)
● It is also subject to approval by a majority of votes cast in a plebiscite in the
political units directly affected
○ If what is involved is a barangay, plebiscite should be
municipality-wide or city-wide
○ If a municipality or component city, province-wide, if portion of
province is to carved to form another province, plebiscite should
include the mother province
○ These are steps in the direction of fuller local autonomy and a
consequent diminution of legislature’s power to control
● Initial step in the creation of local units belongs to Congress
● Legislative bodies of Autonomous Regions do not have authority to create a
province (creation of province involves creation of a legislative district
which only Congress can create)
● Congress must follow the criteria established in the Local Government Code
and not in any other law
Section 11​​. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component
cities and municipalities shall retain their basic autonomy and shall be entitled to
their own local executive and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall be limited to basic services
requiring coordination.
Metropolitan Political Subdivisions
● Authorizes Congress to create metropolitan political subdivisions
● Area of jurisdiction of such subdivisions is not the totality of concerns of
municipal government but only basic services
● It will be a juridical entity with municipal powers, police, eminent domain,
and taxation powers exercised by a legislative assembly but only to the
extent needed for providing basic services
○ Congress supplies the details
● Cities and municipalities which compose such subdivisions retain their
basic autonomy and their own legislative and executive powers
● Metropolitan Manila Development Authority
○ Administrative agency of the government and posses no police
power (not the metropolitan political unit contemplated in Sec. 11)
○ Composed of several local government units: 12 cities (Caloocan,
Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon, Muntinlupa,
Las Pinas, Marikina, Paranaque, and Valenzuela), and 5
municipalities (Malabon, Navotas, Pateros, San Juan, Taguig)
○ Basic services
■ Development planning
■ Transport and traffic management
■ Solid waste disposal and management
■ Flood control and sewerage management
■ Urban renewal, zoning and land use planning, and shelter
services
■ Health and sanitation, urban protection and pollution
control
■ Public safety
Section 12​​. Cities that are highly urbanized, as determined by law, and component
cities whose charters prohibit their voters from voting for provincial elective
officials, shall be independent of the province. The voters of component cities within
a province, whose charters contain no such prohibition, shall not be deprived of
their right to vote for elective provincial officials.

Classification of Cities
● 3 kinds:
○ Highly urbanized cities (as determined by law)
■ Do not vote in provincial elections--independent of the
province
■ Residents are not qualified to run for provincial position
■ Changes in conditions may necessitate their demotion
○ Cities not raised to the highly urbanized category but whose
existing charters prohibit their voters from voting in provincial
elections
■ Do not vote in provincial elections--independent of the
province
■ Residents are not qualified to run for provincial position
■ Ad-hoc category to take care of existing charters
■ Can become either highly urbanized or demoted to
component cities qualified to vote in provincial elections
■ It may disappear
○ Component cities (cities which still are under a province in some
way
■ They are under a province-- they cannot be denied a vote
in the election of provincial officials
■ Might rise to the level of highly urbanized cities

Section 13​​. Local government units may group themselves, consolidate or

coordinate their efforts, services, and resources for purposes commonly beneficial to
them in accordance with law.

Common Efforts, Services, and Resources

● Authority to decide whether to enter into group efforts with LGUs is given
to the units themselves
○ Another guarantee of local autonomy
● Consolidation contemplated is merely in their efforts, services, and
resources and not in their corporate personality
● Distinct from the subject of Section 12
● Useful for local units which have not been formed into a special
metropolitan subdivision
● Resultant consolidation is not a new corporate body (the creation of this is
an essentially legislative function)
● It is not a constitutional delegation of authority to create a super-municipal
corporation merely by agreement among separate corporations
 ARTICLE XI
Section 1​​. Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
Public Office a Public Trust
● High sense of idealism that is expected of every officer of the government
● Justice Malcolm in ​Cornejo v. Gabriel:​ basic idea of the government of the
Philippines is that of a representative government, officers as agents and
not rulers of the people
● Notion of public trust connotes accountability
● “To lead modest lives”: live within one’s means and if it’s generous, not to
flaunt them in conspicuous display
● Public officers may be rewarded for exemplary and exceptional
performance (not an anathema to the concept of public accountability)
Section 2​​. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed
from office, on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may be removed from office as
provided by law, but not by impeachment.
Impeachment as “Political Justice”
● Corollary principle of judicial independence is the claim that courts must
have monopoly of the exercise of judicial functions
○ Ordained by the Constitution with only 2 exceptions:
1. Power of Commission on Elections and of the Electoral
Tribunals to be judges of election contests
2. Power of impeachment of Congress (what French call an
act “political justice”)
● Object not to punish but only to remove a person from office
● Justice Storey: Impeachment is a proceeding, purely of political nature, is
not so much designed to punish an offender as to secure the state against
gross political misdemeanors. It touches neither his person nor his
property, but simply divests him of his political capacity.
● Removal and disqualification are the only punishments that can be imposed
upon conviction on impeachment
○ Criminal and civil liability can follow after the officer has been
removed
● Prosecution after impeachment does not constitute prohibited double
jeopardy
● PH experience showed impeachment to be an ineffective means for
removing an unwanted President
○ 3 instances where there was a move to impeach Pres: Pres. Quirino
(1949), Pres. Macapagal (1963), and Pres. Marcos (1986)
○ Never reached the initiation stage because of failure to muster the
required number of votes
Officers Subject to Impeachment
● Officers who are removable only by impeachment
1. President
2. Vice President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions (COMELEC, COA, CSC)
5. Ombudsman
● Legislative branch prohibited from increasing the number of impeachable
officers to prevent the creation of special class of statutorily protected
officials
● Right to be removed only by impeachment is the strongest guarantee of
security of tenure
○ Blocks the use of other legal ways of ousting an officer
● Resignation of an impeachable officer does not place him beyond the reach
of impeachment offenses committed during his tenure
○ One of the penalties imposed by Congress: disqualification to hold
any office under the Republic of the Philippines (forever banned
from holding public office)
Grounds for Impeachment
1. Culpable violation of the Constitution
● Willful and intentional violation of the Constitution and not
violations committed unintentionally or involuntarily or in good
faith or through an honest mistake of judgement
2. Treason
● Understood according to its meaning in the RPC
3. Bribery
● Understood according to its meaning in the RPC
4. Graft and Corruption
● Manner must be of the same severity as treason and bribery which
strike at the very heart of the life of the nation
5. Other high crimes
● High Crimes are offenses which are indictable and are of such
enormous gravity that they strike at the very life or orderly
working of the government
 ● “Other” : follows ejusdem generis rule (law enumerates specific
objects and it is followed with “other” unspecified objects such
must be of the same nature as those specified)
6. Betrayal of Public Trust
● Manner must be of the same severity as treason and bribery which
strike at the very heart of the life of the nation
Section 3​​. (1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House
of Representatives or by any citizen upon a resolution of endorsement by any
Member thereof, which shall be included in the Order of Business within ten session
days, and referred to the proper Committee within three session days thereafter.
The Committee, after hearing, and by a majority vote of all its Members, shall submit
its report to the House within sixty session days from such referral, together with
the corresponding resolution. The resolution shall be calendared for consideration
by the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary
either to affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution. The vote of each Member shall be
recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least
one-third of all the Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more
than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment.
When sitting for that purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. No person shall be convicted without the concurrence of
two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the Philippines,
but the party convicted shall nevertheless be liable and subject to prosecution, trial,
and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out
the purpose of this section.
Nature and Initiation of Impeachment
1. A complaint is filed with the HoR either by a member of the House or by any
citizen supported by a resolution of endorsement by any member.
2. Complaint is referred to the proper Committee which prepares a report for
the House. Report may be favorable or unfavorable to the complaint.
However, referral to the committee and decision by the House need not to
be resorted to if the complaint is filed by at least ⅓ of all the members of the
House (support of ⅓ must be satisfied at the time of filing).
3. The House, by a vote of ⅓ of all its members, decides whether the complaint
should be given due course.
4. Either a favorable recommendation of ⅓ of all the members of the House or
a complaint filed by at least ⅓ of all the members of the House sends the
complaint to the Senate for trial.
● No impeachment proceeding may be initiated against the same individual
more than once within a period of 1 year
○ To prevent impeachment from becoming an instrument of mere
harassment
○ An impeachment proceeding is deemed to be initiated when a
verified complaint is filed and referred to the Committee on Justice
for action
● It has two phases: (1) HoR to initiate impeachment, and (2) Senate to try
the case
○ Congress to promulgate rules on impeachment to effectively carry
out the purpose of the section
● It is not an ordinary trial
○ What is sought to be discovered is not just guilt or innocence but
also his worthiness or unworthiness of the solemn trust that has
been conferred upon him
● Impeachment is the only formal proceeding through which a President can
be called to account
Trial and Penalties
● Senate tries the impeachment case and can convict only by a vote of ⅔ of all
its members
● Penalties that may be imposed
○ Removal from office
○ Disqualification to hold any office under the Republic of the
Philippines (beyond the reach of the President’s power of
executive clemency but does not place the officer beyond liability
to criminal prosecution for the same offenses)
● When criminally prosecuted for the offense/s which warranted his
conviction on impeachment, the officer cannot plead the defense of double
jeopardy

Prosecution After Impeachment
● Estrada v. Desierto:​ When impeachment proceedings have become moot
due to the resignation of the President, the proper criminal and civil cases
may already be filed against him
Section 4​​. The present anti-graft court known as the Sandiganbayan shall continue
to function and exercise its jurisdiction as now or hereafter may be provided by law.
Sandiganbayan
● Article XIII, Section 5 of 1973 Constitution commanded Batasang Pambansa
to create a special court to be known as Sandiganbayan
● Have jurisdiction over criminal and civil cases involving graft and corrupt
practices
● Congress has the authority to fix the jurisdiction of the Sandiganbayan
○ Generally, jurisdiction is over public officers
○ Private persons may be charged together with public officers to
avoid repeated and unnecessary presentation of witnesses and
exhibits against conspirators in different venues, especially if the
issues involved are the same
Section 5​​. There is hereby created the independent Office of the Ombudsman,
composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and
at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for
the military establishment may likewise be appointed.
Section 6​​. The officials and employees of the Office of the Ombudsman, other than
the Deputies, shall be appointed by the Ombudsman according to the Civil Service
Law.
Independent Body
● Office of the Ombudsman is an independent body
● Ombudsman has the power to appoint all officials and employees of the
Office of the Ombudsman, except his deputies
○ Necessarily includes the power of setting, prescribing and
administering the standards for the officials and personnel of the
Office
● Vested with the power of administrative control and supervision of the
Office
○ Authority to organize such directorates for administration and
allied services as may be necessary for the effective discharge of
the functions of the Office
○ To prescribe and approve its position structure and staffing
pattern
○ Authority to determine and establish the qualification, duties,
functions and responsibilities of the various directorates and allied
services of the Office
● Civil Service Commission has no power over this
Section 7​​. The existing Tanodbayan shall hereafter be known as the Office of the
Special Prosecutor. It shall continue to function and exercise its powers as now or
hereafter may be provided by law, except those conferred on the Office of the
Ombudsman created under this Constitution.
Tanodbayan (Ombudsman) and Special Prosecutor
● Under PD 1487, as amended by PD 1607, Tanodbayan was both prosecutor
and Ombudsman
○ Tanodbayan would be the prosecutory arm
○ Ombudsman would be the champion of the citizen and would not
be bound by legal technicalities
○ Tanodbayan would be retained by the Ombudsman (name found
for the prosecutory office) and the other is the Special Prosecutor
● Sandiganbayan as the court
● Ombudsman has the “people’s champion” function
○ Not prosecutorial function was that such function would be
contrary to the intention that the Ombudsman rely on good will
● Special Prosecutor has the prosecutorial function
○ It would continue to exercise the powers the former Tanodbayan
had except those which were passed on to the Ombudsman or new
Tanodbayan
○ But they have no authority to prosecute unless authorized by the
Ombudsman who himself under the Constitution was not meant to
be a prosecution
Section 8​​. The Ombudsman and his Deputies shall be natural-born citizens of the
Philippines, and at the time of their appointment, at least forty years old, of
recognized probity and independence, and members of the Philippine Bar, and must
not have been candidates for any elective office in the immediately preceding
election. The Ombudsman must have for ten years or more been a judge or engaged
in the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.
Section 9​​. The Ombudsman and his Deputies shall be appointed by the President
from a list of at least six nominees prepared by the Judicial and Bar Council, and from
a list of three nominees for every vacancy thereafter. Such appointments shall
require no confirmation. All vacancies shall be filled within three months after they
occur.

Section 10​​. The Ombudsman and his Deputies shall have the rank of Chairman and
Members, respectively, of the Constitutional Commissions, and they shall receive the
same salary, which shall not be decreased during their term of office.
Section 11​​. The Ombudsman and his Deputies shall serve for a term of seven years
without reappointment. They shall not be qualified to run for any office in the
election immediately succeeding their cessation from office.
Qualifications, Appointment, and Term
● Ombudsman and his deputies are appointed by the President from a list of
nominees presented by the JBC
● They have the rank of Chairman and Members
● Term of 7 years
● Qualifications
1. Natural-born citizens of the Philippines
2. At the time of their appointment, at least forty years old
3. Of recognized probity and independence
4. Members of the Philippine Bar
5. Must not have been candidates for any elective office in the
immediately preceding election
6. Ombudsman must have for ten years or more been a judge or
engaged in the practice of law in the Philippines
● Constitution does not prescribe the qualifications for the Special Prosecutor
Section 12​​. 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.
Procedure
● No constitutionally prescribed form for complaints before the Ombudsman
can act
● Ombudsman is mandated to 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 and to notify the
complainants of the actions taken and the result thereof
Section 13​​. The Office of the Ombudsman shall have the following powers,
functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public official or
employee of the Government, or any subdivision, agency or instrumentality
thereof, as well as of any government-owned or controlled corporation 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.
(3) Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure compliance therewith.
(4) 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.
(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.
(6) Publicize matters covered by its investigation when circumstances so
warrant and with due prudence.
(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.
(8) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
Section 14​​. The Office of the Ombudsman shall enjoy fiscal autonomy. Its
approved annual appropriations shall be automatically and regularly
released.
Powers and Responsibilities of Ombudsman and Deputies
● Ombudsman and his deputies function essentially as a complaints and
action bureau
● An office which can act in a quick, inexpensive and effective manner on
complaints against administrative inaction, abuse and arbitrariness of
government officials and employees in dealing with the people
● They can commence investigation without having to wait for a formal
complaint
● Congress may expand the power of the Ombudsman which it did by
enacting Ombudsman Act of 1989 that authorized the Ombudsman to
conduct preliminary investigations
○ He can investigate any illegal act or omission of any public official
even if the offense committed is not related to the performance of
his functions
● He also has the authority to dismiss the complaint even without going
through a preliminary investigation
● But he has no authority to substitute his judgement for the discretion of an
agency which has the expertise on the subject matter nor may he dismiss an
erring official for he may only recommend dismissal to the appropriate
officer
● Ombudsman’s power to investigate is primary but it is not exclusive for he
may delegate it to others who have the power to investigate and take it back
any time he wants to
○ Includes the power to impose preventive suspension (this is not a
penalty)
● Scope of powers of the Ombudsman under Section 13:
1. Ombudsman can investigate only officers of government owned
corporations with original charter
2. Jurisdiction of Ombudsman over disciplinary cases involving
public school teachers has been modified by the Magna Carta for
Public School Teachers which says that such cases must first go to
a committee appointed by the Secretary of Education
3. Ombudsman Act authorizes Ombudsman to impose penalties in
administrative cases
4. Special Prosecutor may not file an information without authority
from Ombudsman. He can only prosecute when authorized by the
Ombudsman
5. Ombudsman has been conferred rule making power to govern
procedures under it
6. Power to investigate or conduct a preliminary investigation on any
Ombudsman case may be exercised by an investigator or
prosecutor of the Office of the Ombudsman or by any Provincial or
City Prosecutor or their assistance, either in regular capacities or
as deputized Ombudsman prosecutors
7. A preventive suspension will only last 90 days, not the entire
duration of the criminal case.