OMBUDSMAN

MONTES BIRAN D
PANGANIBAN MARK ANTHONY
 HISTORY OF OMBUDSMAN

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.
 IN THE PHILIPPINE SETTING

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

WHAT IS OMBUDSMAN?
An ombudsman responsible for
investigating and prosecuting Philippine
government officials accused of crimes,
especially graft and corruption.
 MISSION

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.
 VISSION
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.
SEAL OF OMBUDSMAN
 AN ACT PROVIDING FOR THE
FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE OFFICE OF THE
OMBUDSMAN, AND FOR OTHER
PURPOSES
(Republic Act. 6770)
Section 4 Appointment

Section 5 Qualifications

Section 7 Terms of Office

Section 8 Removal
Section 10 Disclosure of Relationship

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.
Section 15 Powers, Functions and Duties

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.
 Directthe 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.
Administrative Order No. 07

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
 WHO IS OMBUDSMAN

PREVIOUS:
SIMEON V. MARCELO
1995 - 2002

CANRADO M. VASQUEZ
1988-1995
ANIANO A. DISIERTO CONCHITA CARPIO
MORALES
2002-2005
2005-2011
MA. MERCENDITASNAVARRO
GUTIERREZ
2011-2018
PRESENT:
SAMUEL R.MARTIRES
6TH OMBUDSMAN
GRADUATE IN SAN BEDA
1975
BAR PASSER
1976
LAWYER
MEMBER OF SUPREME
COURT
PRESIDING OF RTC
BRACNH 32 OF AGOO, LA
UNION
OMDUSMAN/SUBORDINATES
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
CONSTITUTIONAL GUARANTEES INSULATING
THE OFFICE FROM POLITICAL INFLUENCE
AND INTERFERENCE

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.
THANK
YOU