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.
Xxx
(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:
(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.

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.
(2nd Par. of Sec. 14 was declared unconstitutional by the Supreme Court)
Xxx

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 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: 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 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;
(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
unexplained 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, misfeasance, 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 of 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 testimony or 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 exempt 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 foregoing provisions shall be subject to
punishment for 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 (15) 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;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose; or
(6) 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 an 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 is trivial, frivolous, vexatious or made in bad faith;

(4) The complainant has no sufficient personal interest in the subject matter of the
grievance; or
(5) The complaint was filed after one (1) 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 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 judgment 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 (6) 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. (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
(1) 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 seventytwo (72) hours from receipt thereof. If the answer is found satisfactory, it shall dismiss
the case.
(3) When the complaint consists in delay or refusal to perform a duty required by law, or
when urgent action is necessary to protect or preserve the rights of the complainant,
the Office of the Ombudsman shall take steps or measures and issue such orders
directing the officer, employee, office or agency concerned to:
(a) expedite the performance of duty;
(b) cease or desist from the performance of a prejudicial act;
(c) correct the omission;
(d) explain fully the administrative act in question; or
(e) take any other steps as may be necessary under the circumstances to protect and
preserve the rights of the complainant.
(4) Any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his Deputies, shall constitute a ground for administrative
disciplinary action against the officer or employee to whom it was addressed.

Section 27. Effectivity and Finality of Decisions. (1) All provisionary orders of
the Office of the Ombudsman are immediately effective and executory. A motion for
reconsideration of any order, directive or decision of the Office of the Ombudsman must

be filed within five (5) days after receipt of written notice and shall be entertained only
on any of the following grounds:
(1) New evidence has been discovered which materially affects the order, directive or
decision;
(2) Errors of law or irregularities have been committed prejudicial to the interest of the
movant. The motion for reconsideration shall be resolved within three (3) days from
filing: Provided, That only one motion for reconsideration shall be entertained.
Findings of fact by the Office of the Ombudsman when supported by substantial
evidence are conclusive. Any order, directive or decision imposing the penalty of public
censure or reprimand, suspension of not more than one (1) months salary shall be final
and unappealable.
In all administrative disciplinary cases, orders, directives, or decisions of the
Office of the Ombudsman may be appealed to the Supreme Court by filing a petition for
certiorari within ten (10) days from receipt of the written notice of the order, directive or
decision or denial of the motion for reconsideration in accordance with Rule 45 of the
Rules of Court.
The above rules may be amended or modified by the Office of the Ombudsman as the
interest of justice may require.

Section 28. Investigation in Municipalities, Cities and Provinces. The

Office of the Ombudsman may establish offices in municipalities, cities and provinces
outside Metropolitan Manila, under the immediate supervision of the Deputies for Luzon,
Visayas and Mindanao, where necessary as determined by the Ombudsman. The
investigation of complaints may be assigned to the regional or sectoral deputy
concernedor to a special investigator who shall proceed in accordance with the rules or
special instructions or directives of the Office of the Ombudsman. Pending investigation,
the deputy or investigator may issue orders and provisional remedies which are
immediately executory subject to review by the Ombudsman. Within three (3) days after
concluding the investigation, the deputy or investigator shall transmit, together with the
entire records of the case, his report and conclusions to the Office of the Ombudsman.
Within five (5) days after receipt of said report, the Ombudsman shall render the
appropriate order, directive or decision.
Section 29. Change of Unjust Laws. If the Ombudsman believes that a law or
regulation is unfair or unjust, he shall recommend to the President and to Congress the
necessary changes therein or the repeal thereof.
Section 30. Transmittal/Publication of Decision. In every case where the
Ombudsman has reached a decision, conclusion or recommendation adverse to a public
official or agency, he shall transmit his decision, conclusion, recommendation or
suggestion to the head of the department, agency or instrumentality, or of the province,
city or municipality concerned for such immediate action as may be necessary. When
transmitting his adverse decision, conclusion or recommendation, he shall, unless
excused by the agency or official affected, include the substance of any statement the
public agency or official may have made to him by way of explaining past difficulties
with or present rejection of the Ombudsman's proposals.
Section 31. Designation of Investigators and Prosecutors. The Ombudsman
may utilize the personnel of his office and/or designate or deputize any fiscal, state

prosecutor or lawyer in the government service to act as special investigator or

prosecutor to assist in the investigation and prosecution of certain cases. Those
designated or deputized to assist him herein provided shall be under his supervision and
control.
The Ombudsman and his investigators and prosecutors, whether regular members of his
staff or designated by him as herein provided, shall have authority to administer oaths,
to issue subpoena and subpoena duces tecum, to summon and compel witnesses to
appear and testify under oath before them and/or bring books, documents and other
things under their control, and to secure the attendance or presence of any absent or
recalcitrant witness through application before the Sandiganbayan or before any inferior
or superior court having jurisdiction of the place where the witness or evidence is found.

Section 32. Rights and Duties of Witness. (1) A person required by the
Ombudsman to provide the information shall be paid the same fees and travel
allowances as are extended to witnesses whose attendance has been required in the
trial courts. Upon request of the witness, the Ombudsman shall also furnish him such
security for his person and his family as may be warranted by the circumstances. For
this purpose, the Ombudsman may, at its expense, call upon any police or constabulary
unit to provide the said security.
(2) A person who, with or without service or compulsory process, provides oral or
documentary information requested by the Ombudsman shall be accorded the same
privileges and immunities as are extended to witnesses in the courts, and shall likewise
be entitled to the assistance of counsel while being questioned.
(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or
refuses to be examined, or engages in obstructive conduct, the Ombudsman or his
Deputy shall issue an order directing the person to appear before him to show cause
why he should not be punished for contempt. The contempt proceedings shall be
conducted pursuant to the provisions of the Rules of Court.
Section 33. Duty to Render Assistance to the Office of the Ombudsman.
Any officer or employee of any department, bureau or office, subdivision, agency or
instrumentality of the Government, including government-owned or controlled
corporations and local governments, when required by the Ombudsman, his Deputy or
the Special Prosecutor shall render assistance to the Office of the Ombudsman.
Section 34. Annual Report. The Office of the Ombudsman shall render an annual
report of its activities and performance to the President and to Congress to be
submitted within thirty (30) days from the start of the regular session of Congress.
Section 35. Malicious Prosecution. Any person who, actuated by malice or
gross bad faith, files a completely unwarranted or false complaint against any
government official or employee shall be subject to a penalty of one (1) month and one
(1) day to six (6) months imprisonment and a fine not exceeding five thousand pesos
(P5,000.00).
Section 36. Penalties for Obstruction. Any person who willfully obstructs or
hinders the proper exercise of the functions of the Office of the Ombudsman or who
willfully misleads or attempts to mislead the Ombudsman, his Deputies and the Special
Prosecutor in replying to their inquiries shall be punished by a fine of not exceeding five
thousand pesos (P5,000.00).

Section 37. Franking Privilege. All official mail matters and telegrams of the
Ombudsman addressed for delivery within the Philippines shall be received,
transmitted, and delivered free of charge: Provided, That such mail matters when
addressed to private persons or nongovernment offices shall not exceed one hundred
and twenty (120) grams. All mail matters and telegrams sent through government
telegraph facilities containing complaints to the Office of the Ombudsman shall be
transmitted free of charge, provided that the telegram shall contain not more than one
hundred fifty (150) words.
Section 38. Fiscal Autonomy. The Office of the Ombudsman shall enjoy fiscal
autonomy. Appropriations for the Office of the Ombudsman may not be reduced below
the amount appropriated for the previous years and, after approval, shall be
automatically and regularly released.