Qualifications of Ombudsman and deputies: Natural- born Filipino citizens At least 40 years old at time of appointment Recognized probity

and independence Members of the Philippine Bar Must not have been a candidate for an elective position in the preceding elections Ombudsman: must have been a judge or engaged in the practice of law for 10 yrs or more Prohibitions during tenure (provided in Art IX A, sec. 2) May not hold any other office or employment May not engage in the practice of any profession or management of business which may be affected by the functions of his office May not be financially interested, directly or indirectly in any contract, franchise or privilege of the government or any of its subsidiaries

Sec. 8 Qualifications and Prohibitions

Sec. 9 Appointment
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Appointed by President from a list of 6 nominees from the JBC From a list of 3 nominees for vacancy, to be filled within 3 months No confirmation required Ombudsman : Chairman, Deputies: Members Shall receive the same salary which may not be decreased during tenure 7 year term without reappointment May not run for any office in the election immediately succeeding their cessation from office

Sec. 10 Rank in the Constitutional Commission

Sec. 11 Term

Sec. 12 and Sec. 13 1. Powers and Responsibilities of Ombudsman and Deputies

Function as a complaints and actions bureau against administrative inaction, abuse and arbitrariness of government officials and employees. Empowered by the Constitution to attend and act immediately on complainants for correction or implementation but not prosecution. Power expanded by Congress through the Ombudsman Act of 1989, authorizing them to conduct preliminary investigation (w/ or w/o a formal complaint) and prosecution May investigate any illegal act or omission of any public official even if the offense is not related to the performance of his functions Has the power to dismiss a case if insufficient in form or substance or has no ground to continue inquiry Claim of confidentiality may not prevent Ombudsman from inspecting documents if claim is not to protect military, diplomatic or national security secrets. But, Under the Bank Secrecy Law, before an in camera inspection may be allowed there must be a pending case before a court of competent jurisdiction with bank personnel and account holder present during inspection. Free from legislative, executive or judicial intervention Ombudsman has no authority to substitute his judgment for the discretion of an agency which has the expertise on a subject matter Ombudsmans power is not exclusive and may be delegated to others who have power of investigation Deputy Ombudsman acts under direction of Ombudsman. Military Deputy has power to investigate civilian police. Power to investigate includes power to impose preventive suspension

2. Scope of Powers of Ombudsman under Sec. 13

May investigate only officers of government owned corporations with original charter The 1987 Constitution and R.A. No. 6670 authorized the Ombudsman to act on complaints against all public officials and employees, with the exception of officials who may be removed only by impeachment or over members of Congress and the Judiciary.

R.A. No. 4670 (Magna Carta for Public School Teachers) erred in stating that DECS has exclusive disciplinary authority over public school teachers. (approved in 1966 before ratification of 1987 constitution) Ombudsman Act authorizes Ombudsman to impose penalties in administrative cases.

R.A. No. 6670, sec. 21: Ombudsman has disciplinary authority over all elective and appointive officials of the government except those impeachable officers, members of Congress and Judiciary Note: Under the Local Government Code, the disciplinary authority is only given the power to suspend but not to remove Sec. 25: Ombudsman may impose penalty ranging from suspension without pay for one year to dismissal with forfeiture of benefits or a fine ranging from 5,000 pesos to twice the mount of that malversed, illegally taken or lost. The Special Prosecutor may not file an information or prosecute without authority from the Ombudsman Ombudsman has rule making power to govern its own procedures. A party of an administrative complaint filed before the Ombudsman may not appeal to the procedural rules under the Civil Service Commission In accordance with the Administrative Code of 1987, a preventive suspension lasts 90 days, not the entire duration of the criminal case

Sec. 14 Fiscal Autonomy

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Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released The State has the right to recover properties unlawfully acquired by public officials or employees

Sec. 15 Recovery of ill-gotten wealth Sec. 16 Prohibition

No form of financial accommodation for any business purpose may be granted, directly or indirectly by any government- owned or controlled financial institution to the Pres., VP, Members of Cabinet, Congress, Supreme Court, Constitutional Commissions, or the Ombudsman

Sec. 17 Declaration of assets and liabilities

Upon assumption of office, public officers or employees shall submit a declaration under oath of his assets, liabilities and net worth. The declarations of the Pres., VP, Members of Cabinet, Congress, Supreme Court, Constitutional Commissions, other constitutional offices and officers of AFP w/ general or flag rank, shall be disclosed to the public in the manner provided by law.

Sec. 18 Allegiance

Public officers and employees owe the state allegiance. Any public officer or employee who seeks to change his citizenship or acquire an immigrant status of another country during his tenure shall be dealt with by the law Zaldivar vs Sandiganbayan Zaldivar, Governor of Antique, sought to restrain the Sandiganbayan and Tanodbayan-Special Prosecutor from proceeding with the prosecution and hearing of his criminal cases on the ground that such were filed without legal and constitutional authority since it is only the Ombudsman who has the authority to file cases with the Sandiganbayan. HELD: Yes, Tanodbayan-Special Prosecutor is clearly without authority to conduct preliminary investigations and to direct the filing of criminal cases with the Sandiganbayan except upon orders by the Ombudsman. The Special Prosecutor shall only retain powers and duties not given to the Ombudsman as mandated by the Constitution. BIR vs Ombudsman BIR insists that the Ombudsman could only validly exercise its power to investigate only when there exists an appropriate case (or a pending case) and subject to limitations provided by law.

HELD: No, the Ombudsman has the power to act promptly on complaints filed in any form or manner against public officials or employees. There is no requirement of pending action before the Ombudsman could wield its investigative power. It can resort to its investigative prerogative on its own or upon a complaint, whether verbal or written, unsigned or unverified. Laurel vs Desierto Petitioner assails the jurisdiction of the Ombudsman on the ground that he is not a public officer. Petitioner submits that as Chair of the National Centennial Celebrations Committee (NCC), he is not a public officer because there is no sovereign function designated to him, there is no compensation received and the tenure of NCC is temporary. HELD: The NCC Chair is a public officer and is thus within the jurisdiction of the Ombudsman. NCC performs executive functions. It was created to execute policies and objectives to ensure a more coordinated and synchronized celebration of the Philippine Centennial as well as wider participation from government and non-government sectors. The office of the petitioner is an honorary office and is supposed to be accepted merely for public good. It is still a public office even if there is no compensation and tenure is only temporary. Azarcon vs Sandiganbayan Does the Sandiganbayan have jurisdiction over a private individual charged with malversation of public funds as a principal after BIR designated him as custodian of distrained property? HELD: Yes, Sandiganbayan has jurisdiction over a private individual when the complaint charges the individual either as co-principal, accomplice or accessory of a public officer or employee who has been charged with a crime within its jurisdiction.