OMBUDSMAN

www.ombudsman.gov.ph/

Tanodbayan ng Pilipinas

- Since 1988

MANINDIGAN KONTRA KATIWALIAN

THE 1987 CONSTITUTION, in its declaration of
Principles and State Policies, mandated that the
State shall maintain honesty and integrity in
public service and take positive and effective
measures against graft and corruption. It has
likewise reiterated that public office is a public
trust and that 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. The same Constitution gave
birth to the Office of the Ombudsman which it has
expressly described as an "independent body" and
"Protector of the People". It has vested the Office
with broad and comprehensive powers in order to
institute reforms in the bureaucracy and prosecute
erring public officials.

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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, or of any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations, and enforce
their administrative, civil and criminal liability in every case where the
evidence warrants in order to promote efficient service by the Government to
the people(Section 13, R.A. No. 6770; see also Section 12 Article XI of the
1987 Constitution).
The Ombudsman shall give priority to complaints filed against high ranking
government officials and/or those occupying supervisory positions, complaints
involving grave offenses as well as complaints involving large sums of money
and/or properties(Sec. 15, R.A. No. 6770).

Mission

As protectors of the people, we shall

endeavor, 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

Vision

Atruly independent office run by

God-fearing men and women with
the highest degree of competence,
honesty and integrity and effectively
serving as watchdog, mobilizer,
official critic and dispenser of justice
for the people it is constitutionally

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Functions of the
Ombudsman

Under the1987 Philippine

Constitutionand theOmbudsman
Act of 1989, the Office of the
Ombudsman independently
monitors all three branches of

INFO
1. PUBLIC ASSISTANCE The Office of the
Ombudsman extends assistance to citizens
in obtaining basic public services from
government.
2. GRAFT PREVENTION The Office of the
Ombudsman may prevent or stop a public
officer or a government agency from
performing an act which might cause injury to
the government or to the people and prevent
corruption to maintain efficiency in
government operations.
3. INVESTIGATION The Ombudsman exercises
unique prerogative. It conducts preliminary
investigation on criminal cases which may be
filed with the Office. It also has the authority
to conduct the fact-finding investigation
to validate anonymous complaints with
sufficient leads or gather evidence for case
build-up .
4. PROSECUTION The Ombudsman, through
the Office of the Special Prosecutor,
prosecute cases filed against high ranking
officials in the Sandiganbayan while those low
ranking officials in the regular courts are
handled by some Ombudsman Graft
Investigation and Prosecution Officers.

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Roles of the
Ombudsman

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WatchdogItexercisesoversightrolebymonitoringat

thegeneralandspecificperformanceofgovernment
officialsandemployeesinorderthatthelawmaybe
administeredandexecutedjustly,fairlyandequallyforall.
Italsoensuresthatprompt,efficientandsteadyflowof
serviceisaccordedtothecitizens.
MobilizerIteffectivelyenlistsbroadsupportof
multisectoralstakeholdersbyestablishingacontinuing
partnershipwithothergovernmentagencies,thecivil
society,nongovernmentorganizations,academe,youth,and
othermajorsectorsofsocietyforanationwidecampaignfor
integrityinpublicservice,thepropagationofsoundFilipino
valuesofhonesty,discipline,respect,aswellaspromotion
ofatransparent,accountableandeffectivegovernance.
OfficialCriticItinitiatestheconductofreviewofthe
policies,systems,proceduresandpracticesinthe
performanceofthecriticalfunctionsofspecificgovernment
agenciestoaddresscorruptionvulnerabilitiesintheir
organization.
DispenserofJusticeItadministrativelysanctions
erringgovernmentofficialsandemployeesandcriminally
chargesandprosecutesthemincludingprivatepersons
foundtohaveconspiredwiththem.

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Who may be appointed as Ombudsman and
Deputies?

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The Ombudsman and his deputies shall be

naturalborncitizensofthePhilippines
naturalborncitizensofthePhilippines,andat
the time of their appointment, atleastforty,
at least forty
yearsold,
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
engageinthe,
practice of
law
the
practice
law ininthe Philippines.
(Art. XI,
Philippines,
Sec.8,1987Constitution).TheOmbudsmanand
by by the
his Deputies shallappointed
be appointed
president,
preparedby,
President from a list
of at least six
nominees
preparedbytheJudicialandBarCouncil,and
theJudicialandBarCouncil
from a list of three nominees for every vacancy
thereafter. Such appointments shall require no
confirmation. They shall serve for a term of
seven years without reappointment. (Art. XI,
Secs.9&11,1987Constitution).

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STRUCTURAL
ORGANIZATION

POWERS
(1) The Office of the Ombudsman may
organize such directorates for administration
and allied services as may be necessary for
the effective discharge of its functions.
(2) The Office of the Overall Deputy shall
oversee and administer the operations of the
different offices under the Office of
Ombudsman.
(3)The Office of the Special Prosecutor shall be
an organic component of the Office of the
Ombudsman and shall be under the
supervision and control of the Ombudsman.

REPUBLIC ACT.
Section
11. Structural Organization.
6770

The authority and responsibility for

the exercise of the mandate of the
Office of the Ombudsman and for the
discharge of its 5 powers and
functions shall be vested in the
Ombudsman, who shall have

(4)The Office of the Special Prosecutor shall

have the following powers:
(a) To conduct preliminary investigation
and prosecute criminal cases within the
jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining
agreements; and
(c) To perform such other duties assigned
to it by
the Ombudsman.
(5)The Ombudsman shall appoint all officers

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OFFICIAL
S

INFO

Tanodbayan (Ombudsman) APPOINTMENT

Her appointment was announced by
President Benigno S. Aquino III during
his second State of the Nation Address,
making her the 5TH Ombudsman.

ACHIEVEMENTS

he obtained her Bachelor of Arts in

CONCHITA CARPIO
July 26,2011- present
MORALES

Economics in 1964 and Bachelor of Laws in

1968, both from the University of the
Philippines (UP). President Ferdinand Marcos
appointed her as Regional Trial Court (RTC)
Judge in Pili, Camarines Sur. President Fidel
V. Ramos appointed her to the Court of
Appeals where she eventually headed its
7th Division. She was elevated to the
Supreme Court by President Gloria
Macapagal-Arroyo. The Philippine
Constitution Association honored her with
The Fearless and Peerless Crusader Award
(Against Graft and Corruption in Public
Service).

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OFFICIAL
S

INFO

APPOINTMENT
Over-all Deputy Ombudsman
He was appointed by President
Benigno C. Aquino on October 14,
2014. He assists the Ombudsman
in overseeing and administering
the operations of the Office of the
Ombudsman.

ACHIEVEMENTS

Melchor Arthur H.
October 14, 2013-present
Carandang

Carandang was a recipient of a

scholarship grant given by the
Australian government to take up
Master of Laws at the University
of New South Wales.He takes the
helm as the Investment
Ombudsman of the budding
Investment Ombudsman Team to
improve the business climate by
protecting the investors against
erring and abusive public officials.

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OFFICIAL
S

INFO

APPOINTMENT
eputy Ombudsman for Luzon
Atty. Gerard Mosquera, was appointed
by President Benigno Aquino III as
Deputy Ombudsman for Luzon. He
leaves his post as commissioner of the
Presidential Commission on Good
Government to begin a 7-year term as
Tanodbayan

ACHIEVEMENTS

Gerard A. Mosquera
May 9, 2012-present

Mosquera obtained his Bachelor of Laws

degree from the Ateneo de Manila
University with honors and placed second
in the 1992 Bar Examinations. He has a
Masters of Law degree (LLM) from Kings
College London and a Masters of Public
Administration degree (MPA) from
Harvard Universitys Kennedy School of
Government. At the Harvard Kennedy
School, he graduated at the top 5% of
the graduating class of 2010. He also
served as a United Nations Adviser for
Anti-Corruption and was Chief of Party of

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OFFICIAL
S

INFO

eputy Ombudsman for Visayas

APPOINMENT
President Benigno Aquino III has
appointed Atty. Paul Elmer Clemente
as the Deputy Ombudsman for the
Visayas.Clemente succeeded Deputy
Ombudsman Pelagio Apostol who has
retired.

ACHIEVEMENTS

Paul Elmer M. Clemente

October 28, 2014-present

Clemente graduated from Philippine

Science High School for secondary
school; and, the University of the
Philippines-Diliman Campus for his
Bachelor of Science in Economics and
Bachelor of Laws.He entered the Office
of the Ombudsman in November 1995
as an Ombudsman Investigator, and left
the Office in December 2006 as an
Acting Assistant Ombudsman. He was
the Executive Officer of the Office of the
Environmental Ombudsman and the
Special Panel of Life Style Check

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OFFICIAL
S

INFO

APPOINTMENTS
puty Ombudsman for Mindanao

President Benigno Aquino III has

appointed a former Ateneo de
Davao professor as the deputy
ombudsman for Mindanao. Elman
served as assistant ombudsman
before he was appointed to the
highest anti-graft post in Mindanao.

ACHIEVEMENTS

Rodolfo M. Elman

March 13, 2014-present

Elman obtained his Economics

degree from the Ateneo de Manila
University and Law degree from the
Ateneo De Davao University. He
obtained a Masters Degree in
Development Administration from the
Australian National University in
2000. Having served the Office of the
Ombudsman for 25 years, he worked
first as an investigator and rose from
the ranks to become an Assistant
Ombudsman for Mindanao
immediately prior to his appointment

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OFFICIAL
S

Deputy Ombudsman
for
Military and Police

INFO

APPOINTMENT
Atty. Cyril E. Ramos was appointed
as Deputy Ombudsman for the
Military and Other Law Enforcement
Offices (MOLEO), he has served the
Ombudsman prior to the
appointment from 1988-2007 as
Assistant Ombudsman for Finance
and Administration.

ACHIEVEMENTS

Cyril E. Ramos

May 6, 2014-present

Deputy Ombudsman Cyril E. Ramos

graduated cum laude from the
Philippine College of Commerce in 1976
with a degree in Commerce Major in
Accounting. He obtained his Bachelor of
Laws degree from the Far Eastern
University (FEU) in 1992.
He is a public servant for almost 30
years, serving the Civil Service
Commission (CSC) (1976 to 1987) and
the Office of the Ombudsman (1988 to

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OFFICIAL
S

Special Prosecutor

INFO

APPOINTMENT
After chalking up more than ten years at
the Sandiganbayan, Special Prosecutor
Barreras-Sulit transferred to the Office of
the Ombudsman in 1991, rising from the
ranks to culminate in her appointment as
the first woman Special Prosecutor on
March 8, 2010 by President Aquino.

ACHIEVEMENTS

Wendell E. Barreras- Sulit

March 8, 2010-present

Sulit earned her education at the Far

Eastern University where she finished
Cum Laude in Bachelor of Laws in 1980
and Magna Cum Laude in A.B. Political
Science in 1975. She joined the
Sandiganbayan as Assistant Section
Chief of the Calendar Section and later
moving on as Senior Attorney at the
Office of the Presiding Justice Manuel R.
Pamaran. She became Chief of the
Judicial Records Division.

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QUESTION
S

Is there a prescribed form for

complaints to be filed with the
of the
Ombudsman?
None.Office
A complaint
may
be in any form, either

verbal or in writing. For a speedier disposition

of the complaint, however, it is preferable
that it be in writing and under oath.

What are the grounds for filing an

administrative complaint?

An administrative complaint may be filed for acts

or omissions which are:
1. contrary to law or regulations;
2. unreasonable, unfair, oppressive or
discriminatory;
3. inconsistent with the general course of an
agencys functions
though in accordance with
law;
4. based on a mistake of law or an arbitrary
ascertainment of
facts;
5. in the exercise of discretionary powers but for
an improper
purpose;
6. otherwise irregular, immoral or devoid of
justification;
7. due to any delay or refusal to comply with the
referral or directive of the Ombudsman or any of
his deputies against the officer or employee to
whom
it was addressed; and
8. such other grounds provided for under E.O.

INFO

Can a Motion for Reconsideration of

the resolution of a criminal case be
filed with the Office of the
Ombudsman?
Yes. Only one motion for reconsideration or
reinvestigation of an approved order or
resolution shall be allowed, the same to be
filed within five (5) days from notice thereof
with the Office of the Ombudsman, or the
proper Deputy Ombudsman as the case
may be, with corresponding leave of court
in cases where information has already
been filed
in is
court;
How
the immunity from

prosecution granted by the

Ombudsman?
The immunity from prosecution may be
granted upon application of the
concerned party, the investigating, and
hearing, or prosecuting officer, or at
the instance of the Ombudsman.
However, in all cases, the concerned
party shall execute an affidavit reciting
the substance of his proposed
testimony and/or nature of the
evidence in his possession.

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QUESTION
S

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How is a criminal complaint acted

upon by the Office of the
Violations of:
Ombudsman?

RA 3019 (Anti-graft and corrupt practices

The complaint will be evaluated and it
act)
may either be:

RA 1379(An Act Declaring Forfeiture in

Favor of the State Any Property Found to
1. dismissed outright for want of
have been Unlawfully Acquired by Any
palpable merit;
Public Officer or Employee and Providing
2. referred to respondent for
for the Proceedings Therefore )
comment;

RA 6713 (Code of Conduct and Ethical

Standards for Public Official and
3. indorsed to the proper government
Employees)
office or agency which has

Revised Penal Code, Title VII, Chapter II,

jurisdiction over the case;
section 2
4. forwarded to the appropriate office
(Crime Against the Fundamental Laws of
or official for fact-finding
the State Revised Penal Code (Title VII))

RA 7080 (An Act Defining and Penalizing

investigation;
the Crime of Plunder)
5. Subjected to preliminary
Filing

and for such other offenses committed

by a complaint
Requirements:
public officers and employees in relation to
Whoinvestigation.
can complain?
1. office.
Verified complaint-affidavit
1. Any aggrieved party who wishes to
including attachments (at least 3
file a complaint
copies)
2. Representative of the complainant
2. Number of copies = (No. of named
respondents + 4)
Duration: 15 minutes
3. Certificate of non-forum shopping
What are the grounds for filing a
criminal complaint?

Sources
http://www.ombudsman.gov.ph/index.php?home=1&navId=MTI
=#10
http://www.ombudsman.gov.ph/docs/publication/PRIMER%201%20
final-ABc.pdf
http://www.lawphil.net/