Functions | The Ombudsman and the Office of the Special Prosecutor under Article… | Accountability of Public Officers | LAW ON PUBLIC OFFICERS

The Ombudsman and the Office of the Special Prosecutor under Article XI of the 1987 Constitution in relation to R.A. No. 6770 or the Ombudsman Act of 1989

I. Constitutional Basis: Article XI, 1987 Philippine Constitution

Article XI of the 1987 Philippine Constitution establishes the principle of accountability of public officers and creates the Office of the Ombudsman as an independent constitutional body. Section 5 of Article XI provides for the powers, functions, and duties of the Ombudsman and its deputies.

Key sections relevant to the functions of the Ombudsman are:

• Section 12: Empowers the Ombudsman to investigate any act or omission by any public official, employee, office, or agency that appears to be illegal, unjust, improper, or inefficient.
• Section 13: Enumerates the specific duties of the Ombudsman, including the power to recommend actions, prosecute cases before courts, and direct officers of government agencies to take appropriate measures in cases of abuse or inefficiency.

II. Republic Act No. 6770 (Ombudsman Act of 1989)

Republic Act No. 6770, also known as the Ombudsman Act of 1989, further defines the powers, functions, and structure of the Office of the Ombudsman, established in the Constitution. It also outlines the roles of the Special Prosecutor, who plays a crucial part in the accountability mechanism.

A. Functions of the Ombudsman

The Ombudsman, as empowered by the Constitution and reinforced by R.A. No. 6770, has broad and extensive functions designed to enforce accountability and address abuses in government. These functions can be categorized as follows:

1. Investigatory Function

   • The Ombudsman is mandated to investigate on its own, or upon complaint, any act or omission by any public official, employee, office, or agency that appears to be illegal, unjust, improper, or inefficient (Sec. 15(1), R.A. No. 6770).
   • The power of investigation includes acts or omissions that may lead to administrative, civil, or criminal liability of public officers.

2. Prosecutory Function

   • The Ombudsman has the power to prosecute public officials and employees for graft and corruption cases, violations of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019), the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713), and other offenses committed by public officers in relation to their office.
   • This prosecutory function extends to the filing of cases before the Sandiganbayan and other appropriate courts, including the authority to deputize prosecutors from the Department of Justice (DOJ) or other government lawyers to assist in such prosecutions (Sec. 11, R.A. No. 6770).

3. Ombudsman’s Power to Recommend

   • The Ombudsman may recommend the filing of criminal and administrative charges against public officials (Sec. 15(3), R.A. No. 6770).
   • It also has the authority to recommend corrective measures to public offices to prevent abuses or inefficiencies.

4. Administrative Adjudication

   • The Ombudsman has the authority to act as a disciplinary authority for public officials (except for those in Congress and the Judiciary) and impose administrative sanctions, including suspension, removal, and fines (Sec. 21, R.A. No. 6770).
   • The Ombudsman may also direct the filing of appropriate administrative complaints with the proper government agency (Sec. 19, R.A. No. 6770).

5. Directing Agencies to Take Action

   • The Ombudsman can direct the heads of government offices or agencies to take appropriate action in cases involving maladministration or inefficiency (Sec. 15(5), R.A. No. 6770).
   • It can also compel the submission of periodic reports from heads of offices in the government as part of its mandate to ensure transparency and accountability (Sec. 15(4), R.A. No. 6770).

6. Public Assistance

   • The Ombudsman can extend public assistance to people by acting on complaints or requests for help, such as the correction of erroneous government policies, the recovery of undelivered services, and providing advice on how to resolve issues with government offices (Sec. 15(6), R.A. No. 6770).

7. Monitoring of Government Activities

   • The Ombudsman has the authority to monitor government procurement, management of public funds, and the delivery of public services to ensure transparency and efficiency. It can conduct performance audits and inspect records of government agencies (Sec. 15(8), R.A. No. 6770).

8. Advisory Function

   • The Ombudsman may recommend to the President and Congress measures for the improvement of public administration and for the adoption of anti-corruption policies (Sec. 15(7), R.A. No. 6770).
   • The Ombudsman can submit reports to the President and Congress, detailing observations and findings from investigations, as well as proposed reforms in the government.

B. Office of the Special Prosecutor

The Office of the Special Prosecutor (OSP) is an integral part of the Ombudsman’s structure. It is vested with a specific role under both the Constitution and R.A. No. 6770.

1. Nature and Role

   • The Special Prosecutor’s Office is under the Office of the Ombudsman, and it is responsible for prosecuting criminal cases involving public officers before the Sandiganbayan.
   • The Special Prosecutor works in collaboration with the Ombudsman and may prosecute graft and corruption cases and other offenses involving government officials, especially those occupying positions under the jurisdiction of the Sandiganbayan.

2. Powers and Duties

   • The Special Prosecutor, under the supervision and control of the Ombudsman, can conduct preliminary investigations and prosecute cases falling within the jurisdiction of the Sandiganbayan (Sec. 11, R.A. No. 6770).
   • While the Special Prosecutor may act independently in prosecuting cases, their actions are still subject to the overall supervision and control of the Ombudsman.

3. Prosecution Before the Sandiganbayan

   • The primary jurisdiction of the Special Prosecutor is to bring cases of public officers falling under the jurisdiction of the Sandiganbayan, which typically covers high-ranking officials, those with Salary Grade 27 or higher, or those accused of specific offenses such as graft and corruption, plunder, or bribery.

III. Independence and Powers of the Ombudsman

1. Independence from Other Branches of Government

   • The Ombudsman is constitutionally independent and is not subject to the control or supervision of the Executive, Legislative, or Judicial branches of government (Sec. 5, Art. XI, 1987 Constitution).
   • It is free from political interference and ensures impartiality in the discharge of its duties, making it a critical watchdog against government abuses and inefficiencies.

2. Supervisory Powers Over Investigations

   • The Ombudsman’s investigatory powers are broad and include both administrative and criminal cases. Its independence allows it to probe allegations of corruption and misconduct without needing approval or endorsement from other government branches.

3. Non-Diminution of Powers

   • Section 8 of R.A. No. 6770 ensures that the powers vested in the Office of the Ombudsman cannot be diminished or altered by Congress or any other law, reinforcing its constitutional independence.

IV. Conclusion

The Ombudsman and the Office of the Special Prosecutor play pivotal roles in enforcing public accountability in the Philippines. As mandated by Article XI of the 1987 Constitution and R.A. No. 6770 (Ombudsman Act of 1989), these offices are empowered with broad investigatory, prosecutorial, and disciplinary functions, aimed at addressing inefficiencies, abuse, and corruption in the government. The independence and authority of the Ombudsman ensure it can fulfill its mandate without interference, while the Special Prosecutor acts as its prosecutorial arm, particularly in cases involving high-ranking officials and serious offenses tried before the Sandiganbayan. Together, these offices serve as crucial mechanisms in upholding the principle that public office is a public trust.