REPUBLIC ACT NO.

10660

AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND STRUCTURAL

ORGANIZATION OF THE SANDIGANBAYAN, FURTHER AMENDING PRESIDENTIAL
DECREE NO. 1606, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby further

amended to read as follows:

"SEC. 3. Constitution of the Divisions; Quorum. – The Sandiganbayan shall sit in seven (7)
divisions of three (3) members each.

"Two (2) members shall constitute a quorum for sessions in divisions: Provided, That when
the required quorum for the particular division cannot be had due to the legal
disqualification or temporary incapacity of a member or a vacancy therein, the Presiding
Justice may designate a member of another division to be determined by strict rotation on
the basis of the reverse order of precedence, to sit as a special member of said division
with all the rights and prerogatives of a regular member of said division in the trial and
determination of a case or cases assigned thereto."

Section 2. Section 4 of the same decree, as amended, is hereby further amended to read
as follows:

"SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive original jurisdiction in

all cases involving:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII, Book II of the Revised Penal Code, where one or more of the accused are
officials occupying the following positions in the government, whether in a
permanent, acting or interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional

director and higher, otherwise classified as Grade ’27’ and higher, of the
Compensation and Position Classification Act of 1989 (Republic Act No.
6758), specifically including:

"(a) Provincial governors, vice-governors, members of the

sangguniang panlalawigan, and provincial treasurers, assessors,
engineers, and other provincial department heads:

"(b) City mayors, vice-mayors, members of the sangguniang

panlungsod, city treasurers, assessors, engineers, and other city
department heads;

"(c) Officials of the diplomatic service occupying the position of consul

and higher;

"(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
 "(e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent and higher;

"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;

"(g) Presidents, directors or trustees, or managers of government-

owned or controlled corporations, state universities or educational
institutions or foundations.

"(2) Members of Congress and officials thereof classified as Grade ’27’ and
higher under the Compensation and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the

Constitution;

"(4) Chairmen and members of the Constitutional Commissions, without

prejudice to the provisions of the Constitution; and

"(5) All other national and local officials classified as Grade ’27’ and higher
under the Compensation and Position Classification Act of 1989.

"b. Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a. of this
section in relation to their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.

"Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the
information: (a) does not allege any damage to the government or any bribery; or (b)
alleges damage to the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).

"Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region
other than where the official holds office.

"In cases where none of the accused are occupying positions corresponding to Salary
Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and PNP
officers mentioned above, exclusive original jurisdiction thereof shall be vested in the
proper regional trial court, metropolitan trial court, municipal trial court, and municipal
circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided
in Batas Pambansa Blg. 129, as amended.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and
other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in cases filed or which may
be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its
special prosecutor, shall represent the People of the Philippines, except in cases filed
pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

"In case private individuals are charged as co-principals, accomplices or accessories with
the public officers or employees, including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized: Provided,
however, That where the civil action had heretofore been filed separately but judgment
therein has not yet been rendered, and the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be deemed
abandoned."

Section 3. Section 5 of the same decree is hereby amended to read as follows:

"SEC. 5. Proceedings, How Conducted; Decision by Majority Vote. – All three (3) members
of a division shall deliberate on all matters submitted for judgment, decision, final order, or
resolution.

"The concurrence of a majority of the members of a division shall be necessary to render a

judgment, decision, or final order, or to resolve interlocutory or incidental motions."

Section 4. Funding and Appropriations. – The amount necessary to carry out the
implementation of this Act shall be charged against the current appropriations of the
Sandiganbayan. Thereafter, such sums as may be needed for its full implementation shall
be included in the annual General Appropriations Act.

Section 5. Transitory Provision. – This Act shall apply to all cases pending in the
Sandiganbayan over which trial has not begun: Provided, That: (a) Section 2, amending
Section 4 of Presidential Decree No. 1606, as amended, on "Jurisdiction"; and (b) Section
3, amending Section 5 of Presidential Decree No. 1606, as amended, on "Proceedings,
How Conducted; Decision by Majority Vote" shall apply to cases arising from offenses
committed after the effectivity of this Act.
Section 6. Separability Clause. – Should any provision of this Act or part hereof be
declared unconstitutional, the other provisions or parts not affected thereby shall remain
valid and effective.

Section 7. Repealing Clause. – All laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed,
amended or modified accordingly.

Section 8. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.

REPUBLIC ACT No. 7975

AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION

OF THE SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL
DECREE NO. 1606, AS AMENDED

Section 1. Section 3 of Presidential Decree No. 1606, as amended by Executive Order

No. 184, is hereby further amended to read as follows:

"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five (5) divisions
of three justices each. The five (5) may sit at the same time.

"The first three divisions shall be stationed in the Metro Manila area, the fourth division
shall be in Cebu City for cases coming from the Visayas region, and the fifth division shall
be in Cagayan de Oro City for cases coming from the Mindanao region.

"Three Justices shall constitute a quorum for sessions in divisions: Provided, That when
the required quorum for the particular division cannot be had due to the legal
disqualification or temporary disability of a Justice or of a vacancy occurring therein, the
Presiding Justice may designate an Associate Justice of the Court, to be determined by
strict rotation on the basis of the reverse order of precedence, to sit as a special member
of said division with all the rights and prerogatives of a regular member of said division in
the trial and determination of a case or cases assigned thereto, unless the operation of the
court will be prejudiced thereby, in which case, the President shall, upon the
recommendation of the Presiding Justice, designate any Justice or Justices of the Court of
Appeals to sit temporarily therein."

Section 2. Section 4 of the same Decree is hereby further amended to read as follows:

"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases
involving:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII of the Revised Penal Code, where one or more of the principal accused are
officials occupying the following positions in the government, whether in permanent,
acting or interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional

director and higher, otherwise classified as grade 27 and higher, of the
Compensation and Position Classification Act of 1989 (Republic Act No.
6758), specifically including:
 "(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers, assessors,
engineers, and other provincial department heads;

"(b) City mayors, vice-mayors, members of the sangguniang

panlungsod, city treasurers, assessors, engineers, and other city
department heads;

"(c) Officials of the diplomatic service occupying the position of consul

and higher;

"(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;

"(e) PNP chief superintendent and PNP officers of higher rank;

"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;

"(g) Presidents, directors or trustees, or managers of government-

owned or controlled corporations, state universities or educational
institutions or foundations;

"(2) Members of Congress and officials thereof classified as Grade "27" and
up under the Compensation and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the

Constitution;

"(4) Chairmen and members of Constitutional Commissions, without

prejudice to the provisions of the Constitution; and

"(5) All other national and local officials classified as Grade "27" and higher
under the Compensation and Position Classification Act of 1989;

"b. Other offenses or felonies committed by the public officials and employees
mentioned in subsection (a) of this section in relation to their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A.

"In cases where none of the principal accused are occupying positions corresponding to
salary grade "27" or higher, as prescribed in the said Republic Act No. 6758, or PNP
officers occupying the rank of superintendent or higher, or their equivalent, exclusive
jurisdiction thereof shall be vested in the proper Regional Trial Court, Metropolitan Trial
Court, Municipal Trial Court, and Municipal Circuit Trial Court, as the case may be,
pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from the
final judgments, resolutions or orders of regular courts where all the accused are
occupying positions lower than salary grade "27", or not otherwise covered by the
preceding enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and
other ancillary writs and processes in aid of its appellate jurisdiction: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the office of the Ombudsman, through its
special prosecutor, shall represent the people of the Philippines except in cases filed
pursuant to Executive Orders Nos. 1, 2, 14 and 14-A.

"In case private individuals are charged as co-principals, accomplices or accessories with
the public officers or employees, including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them.

"Any provision of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and jointly determined in, the
same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be
recognized: Provided, however, That where the civil action had heretofore been filed
separately but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be
transferred to the Sandiganbayan or the appropriate court as the case may be, for
consolidation and joint determination with the criminal action, otherwise the separate civil
action shall be deemed abandoned."

Section 3. Section 7 of the same decree is hereby amended to read as follows:

"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders
determining the merits of a case or finally disposing of the action or proceedings of the
Sandiganbayan shall contain complete findings of the facts and the law on which they are
based, on all issues properly raised before it and necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed within fifteen (15)
days from promulgation or notice of the final order or judgment, and such motion for
reconsideration shall be decided within thirty (30) days from submission thereon.

"Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme
Court by petition for review on certiorari raising pure questions of law in accordance with
Rule 45 of the Rules of Court. Whenever, in any case decided by the Sandiganbayan, the
penalty of reclusion perpetua or higher is imposed, the decision shall be appealable to the
Supreme Court in the manner prescribed in the Rules of Court. In case the penalty
imposed is death, review by the Supreme Court shall be automatic, whether or not the
accused filed an appeal.

"Judgments and orders of the Sandiganbayan shall be executed and enforced in the
manner provided by law.
"Decisions and final orders of other courts, in cases cognizable by said courts under this
Act shall be appealable to the Sandiganbayan within fifteen (15) days from promulgation or
notice to the parties."

Section 4. Section 9 of the same Decree is hereby amended to read as follows:

"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the Supreme Court shall
apply to all cases and proceedings filed with the Sandiganbayan. The Sandiganbayan
shall have no power to promulgate its own rules of procedure, except to adopt internal
rules governing the allotment of cases among the divisions, the rotation of justices among
them, and other matters relating to the internal operations of the court which shall be
inforced until repealed or modified by the Supreme Court."

Section 5. Section 10 of the same Decree is hereby repealed.

Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders Nos. 101
and 184 and all other laws, decrees, orders and rules of which are inconsistent therewith
are hereby repealed or modified accordingly.

Section 7. Upon the effectivity of this Act, all criminal cases in which trial has not begun in
the Sandiganbayan shall be referred to the proper courts.

Section 8. This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

REPUBLIC ACT No. 6770

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION

OF THE OFFICE OF THE OMBUDSMAN AND FOR OTHER PURPOSES.

Section 1. Title. - This Act shall known as "The Ombudsman Act of 1989".

Section 2. Declaration of Policy. - The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft and corruption.

Public office is a public must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead
modest lives.

Section 3. Office of the Ombudsman. - The Office of the Ombudsman shall include the
Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy
for Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed
Forces, and the Office of the Special Prosecutor. The President may appoint other
Deputies as the necessity for it may arise, as recommended by the Ombudsman.

Section 4. Appointment. - The Ombudsman and his Deputies, including the Special
Prosecutor, shall be appointed by the President from a list of at least twenty one (21)
nominees prepared by the Judicial and Bar Council, and from a list of three (3) nominees
for each vacancy thereafter, which shall be filled within three (3) months after it occurs,
each of which list shall be published in a newspaper of general circulation.
In the organization of the Office of the Ombudsman for filling up of positions therein,
regional, cultural or ethnic considerations shall be taken into account to the end that the
Office shall be as much as possible representative of the regional, ethnic and cultural
make-up of the Filipino nation.

Section 5. Qualifications. - The Ombudsman and his Deputies, including the Special
Prosecutor, shall be natural born citizens of the Philippines, at least forty (40) years old, of
recognized probity and independence, members of the Philippine Bar, and must not have
been candidates for any elective national or local office in the immediately preceding
election whether regular or special. The Ombudsman must have, for ten (10) years or
more, been a judge or engaged in the practice of law in the Philippines.

Section 6. Rank and Salary. - The Ombudsman and his Deputies shall have the same
ranks, salaries and privileges as the Chairman and members, respectively of a
Constitutional Commission. Their salaries shall not be decreased during their term of
office.

The members of the prosecution, investigation and legal staff of the Office of the
Ombudsman shall receive salaries which shall not be less than those given to comparable
positions in any office in the Government.itc@alf

Section 7. Term of Office. - The Ombudsman and his Deputies, including the Special
Prosecutor, shall serve for a term of seven (7) years without reappointment.

Section 8. Removal; Filling of Vacancy. -

(1) In accordance with the provisions of Article XI of the Constitution, treason,

bribery, graft and corruption, other high crimes, or betrayal of public trust.

(2) A Deputy, or the Special Prosecutor, may be removed from office by the
President for any of the grounds provided for the removal of the Ombudsman, and
after due process.

(3) In case of vacancy in the Office of the Ombudsman due to death, resignation,
removal or permanent disability of the incumbent Ombudsman shall have been
appointed for a full term. In case the Overall Deputy cannot assume the role of
Acting Ombudsman, the President may designate any of the deputies, or the
Special Prosecutor, as Acting Ombudsman.

(4) In case of temporary absence or disability of the Ombudsman, the Overall

Deputy shall perform the duties of the Ombudsman until the Ombudsman returns or
is able to perform his duties.

Section 9. Prohibition and Disqualifications. - The Ombudsman, his Deputies and the
Special Prosecutor shall not, during their tenure, hold any other office or employment.
They shall not, during said tenure, directly or indirectly practice any other profession,
participate in any business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. They
shall not be qualified to run for any office in the election immediately following their
cessation from office. They shall not be allowed to appear or practice before the
Ombudsman for two (2) years following their cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree and no law,
business or professional partner or associate of the Ombudsman, his Deputies or Special
Prosecutor within one (1) year preceding the appointment may appear as counsel or agent
on any matter pending before the Office of the Ombudsman or transact business directly
or indirectly therewith.

This disqualification shall apply during the tenure of the official concerned. This
disqualification likewise extends to the law, business or professional firm for the same
period.

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.

The disclosure shall be filed with the Office of the President and the Office of the
Ombudsman before the appointee assumes office and every year thereafter. The
disclosures made pursuant to this section shall form part of the public records and shall be
available to any person or entity upon request.

Section 11. Structural Organization. - The authority and responsibility for the exercise of
the mandate of the Office of the Ombudsman and for the discharge of its powers and
functions shall be vested in the Ombudsman, who shall have supervision and control of the
said Office.

(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.
Those appointed as directors or heads shall have the rank and salary of line bureau
directors.

(2) The Office of the Overall Deputy shall oversee and administer the operations of
the different offices under the Office of the Ombudsman. it shall likewise perform
such other functions and duties assigned to it by the Ombudsman.

(3) The Office of the Special Prosecutor shall be composed of the Special
Prosecutor and his prosecution staff. 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.

(4) The Office of the Special Prosecutor shall, under the supervision and control and
upon the authority of the Ombudsman, have the following powers:Lawphil@alf

(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.

The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman.

(5) The position structure and staffing pattern of the Office of the Ombudsman,
including the Office of the Special Prosecutor, shall be approved and prescribed by
 the Ombudsman shall appoint all officers and employees of the Office of the Special
Prosecutor, in accordance with the civil service law, rules and regulations.

Section 12. Official Stations. - The Ombudsman, the Overall Deputy, the Deputy for
Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan Manila; the
Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in Davao City. The
Ombudsman may transfer their stations within their respective geographical regions, as
public interest may require.

Section 13. 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 14. Restrictions. - No writ of injunction shall be issued by any court to delay an
investigation being conducted by the Ombudsman under this Act, unless there is a prima
facie evidence that the subject matter of the investigation is outside the jurisdiction of the
Office of the Ombudsman.

No court shall hear any appeal or application for remedy against the decision or findings of
the Ombudsman, except the Supreme Court, on pure question of law.

Section 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the
following powers, functions and duties:

(1) 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 to be illegal, unjust, improper or inefficient. It has primary
jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his
primary jurisdiction, it may take over, at any stage, from any investigatory agency of
government, the investigation of such cases;

(2) 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, 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 officer or
employee at fault or who neglects 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 21of this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend,
demote, fine, censure, or prosecute an officer or employee who is at fault or who
neglects to perform an act or discharge a duty required by law shall be a ground for
disciplinary action against said officer;

(4) Direct the officer concerned, in any appropriate case, and subject to such
limitations as it may provide in its rules of procedures, 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 of the matters mentioned in

paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due
prudence: Provided, that the Ombudsman under its rules and regulations may
determine what cases may not be made public: Provided further, That any publicity
issued by the Ombudsman shall be balanced, fair and true;

(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) 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;

(9) Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein;

(10) 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;

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or
unexpired wealth amassed after February 25, 1986 and the prosecution of the
parties involved therein.

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.

Section 16. Applicability. - The provisions of this Act shall apply to all kinds of
malfeasance, and non- feasance that have been committed by any officer or employee as
mentioned in Section 13 hereof, during his tenure of office.

Section 17. Immunities. - In all hearings, inquiries, and proceedings of the Ombudsman,
including preliminary investigations offenses, no person subpoenaed to testify as a witness
shall be excused from attending and testifying or from producing books, papers,
correspondence, memoranda and/or other records on the ground that the testimony or
evidence, documentary or otherwise, required of him, may tend to incriminate him or
subject him to prosecution: Provided, That no person shall be prosecuted criminally for or
on account of any matter concerning which he is compelled, after having claimed the
privilege against self-incrimination, to testify and produce evidence, documentary or
otherwise.

Under such terms and conditions as it may determine taking into account the pertinent
provisions of the Rules of Court, the Ombudsman may grant immunity from criminal
prosecution to any person whose possession and production of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or proceeding
being conducted by the Ombudsman or under its authority, in the performance or in the
furtherance of its constitutional functions and statutory objectives. The immunity granted
under this and the immediately preceding paragraph shall not except the witness from
criminal prosecution for perjury or false testimony nor shall he be exempt from demotion or
removal from office.

Any refusal to appear or testify pursuant to the aforecited provisions shall be subject to
punishment for prompt contempt and removal of the immunity from criminal prosecution.

Section 18. Rules of Procedure. -

(1) The Office of the Ombudsman shall promulgate its rules of procedure for the
effective exercise or performance of its powers, functions, and duties.

(2) The rules of procedure shall include a provision whereby the Rules of Court are
made suppletory.

(3) The rules shall take effect after fifteen days following the completion of their
publication in the Official Gazette or in three (3) newspapers of general circulation in
the Philippines, one of which is printed in the national language.

Section 19. Administrative Complaints. - The Ombudsman shall act on all complaints
relating, but not limited to acts or omissions which:

(1) Are contrary to law or regulation;

(2) Are unreasonable, unfair, oppressive or discriminatory;

(3) Are inconsistent with the general course of an agency's functions, though in
accordance with law; Proceed from a mistake of law or an arbitrary ascertainment of
facts; Are in the exercise of discretionary powers but for an improper purpose; or
Are otherwise irregular, immoral or devoid of justification.

Section 20. Exceptions. - The Office of the Ombudsman may not conduct the necessary
investigation of any administrative act or omission complained of if it believes that:

(1) The complainant has a adequate remedy in another judicial or quasi-judicial

body;

(2) The complaint pertains to a matter outside the jurisdiction of the Office of the
Ombudsman;

(3) The complaint id trivial, frivolous, vexatious or made in bad faith;

(4) The complaint has no sufficient personal interest in the subject matter of the
grievance; or

(5) The complaint was filed after one year from the occurrence of the act or
omission complained of.
Section 21. Officials Subject to Disciplinary Authority; Exceptions. - The Office of the
Ombudsman shall have disciplinary authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities and agencies, including Members of the
Cabinet, local government, government- owned or controlled corporations and their
subsidiaries, except over officials who may be removed only by impeachment or over
Members of Congress, and the Judiciary.

Section 22. Investigatory Power. - The Office of the Ombudsman shall have the power to
investigate any serious misconduct in office allegedly committed by officials removable by
impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.

In all cases of conspiracy between an officer or employee of the government and a private
person, the Ombudsman and his Deputies shall have jurisdiction to include such private
person in the investigation and proceed against such private person as the evidence may
warrant. The officer or employee and the private person shall be tried jointly and shall be
subject to the same penalties and liabilities.

Section 23. Formal Investigation. -

(1) Administrative investigations conducted by the Office of the Ombudsman shall

be in accordance with its rules of procedure and consistent with due process.

(2) At its option, the Office of the Ombudsman may refer certain complaints to the
proper disciplinary authority for the institution of appropriate administrative
proceedings against erring public officers or employees, which shall be terminated
within the period prescribed in the civil service law. Any delay without just cause in
acting on any referral made by the Office of the Ombudsman shall be a ground for
administrative action against the officers or employees to whom such referrals are
addressed a and shall constitute a graft offense punishable by a fine of not
exceeding five thousand pesos (P5,000.00).

(3) In any investigation under this Act the Ombudsman may (a) enter and inspect
the premises of any office, agency, commission or tribunal; (b) examine and have
access to any book, record, file document or paper; and (c) hold private hearings
with both the complaining individual and the official concerned.

Section 24. Preventive Suspension. - The Ombudsman or his Deputy may preventively
suspend any officer or employee under his authority pending an investigation, if in his
judgement the evidence of guilt is strong, and (a) the charge against such officer or
employee involves dishonesty, oppression or grave misconduct or neglect in the
performance of duty; (b) the charges would warrant removal from the service; or (c) the
respondent's continued stay in office may prejudice the case filed against him.

The preventive suspension shall continue until the case is terminated by the Office of the
Ombudsman but not more than six months, without pay, except when the delay in the
disposition of the case by the Office of the Ombudsman is due to the fault, negligence or
petition of the respondent, in which case the period of such delay shall not be counted in
computing the period of suspension herein provided.

Section 25. Penalties.Arellano Law Foundation -

(1) In administrative proceedings under Presidential Decree No. 807, the penalties
and rules provided therein shall be applied.
 (2) In other administrative proceedings, the penalty ranging from suspension without
pay for one year to dismissal with forfeiture of benefits or a fine ranging from five
thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost,
or both at the discretion of the Ombudsman, taking into consideration
circumstances that mitigate or aggravate the liability of the officer or employee
found guilty of the complaint or charges.

Section 26. Inquiries. -

(1) The Office of the Ombudsman shall inquire into acts or omissions of a public
officer, employee, office or agency which, from the reports or complaints it has
received, the Ombudsman or his Deputies consider to be:

(a) contrary to law or regulation;

(b) unreasonable, unfair, oppressive, irregular or inconsistent with the

general course of the operations and functions of a public officer, employee,
office or agency;

(c) an error in the application or interpretation of law, rules or regulations, or

a gross or palpable error in the appreciation of facts;

(d) based on improper motives or corrupt considerations;

(e) unclear or inadequately explained when reasons should have been

revealed; or

(f) inefficiently performed or otherwise objectionable.

(2) The Office of the Ombudsman shall receive complaints from any source in
whatever form concerning an official act or omission. It shall act on the complaint
immediately and if it finds the same entirely baseless, it shall dismiss the same and
inform the complainant of such dismissal citing the reasons therefor. If it finds a
reasonable ground to investigate further, it shall first furnish the respondent public
officer or employee with a summary of the complaint and require him to submit a
written answer within seventy-two hours from receipt thereof. If the answer is found
satisfactory, it shall dismiss the case.