Declaring the Effectivity of the Creation of the Office of the Ombudsman as Provided For in the 1987 Constitution

Case Overview and Summary

Summary of Executive Order No. 243

Creation of the Office of the Ombudsman
- The Office of the Ombudsman, as provided for in Section 5, Article XI of the 1987 Constitution, is declared to be in existence. (Section 1)

Composition of the Office of the Ombudsman
- The Office shall be composed of the Ombudsman (Tanod-bayan), one overall Deputy, and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the Military establishment may also be appointed. (Section 2)
- The officials and employees, other than the Deputies, shall be appointed by the Ombudsman according to the Civil Service Law. (Section 3)

Qualifications and Appointment of the Ombudsman and Deputies
- They must be natural-born Filipino citizens, at least 40 years old, of recognized probity and independence, and members of the Philippine Bar. (Section 4)
- The Ombudsman must have been a judge or engaged in the practice of law in the Philippines for at least 10 years. (Section 4)
- They shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article IX-A of the Constitution. (Section 4)
- They shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. No confirmation is required. (Section 5)
- Vacancies shall be filled within three months after they occur. (Section 5)

Rank, Salary, and Term of Office
- The Ombudsman and Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions. (Section 6)
- They shall receive the same salary, which shall not be decreased during their term of office. (Section 6)
- They shall serve for a term of seven years without reappointment. (Section 7)
- They shall not be qualified to run for any office in the election immediately succeeding their cessation from office. (Section 7)

Powers, Functions, and Duties of the Office of the Ombudsman
- Act promptly on complaints filed against public officials or employees, and notify complainants of the action taken and the result. (Section 8)
- Investigate any act or omission of any public official, employee, office or agency that appears to be illegal, unjust, improper, or inefficient. (Section 9(1))
- Direct any public official or employee 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. (Section 9(2))
- Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance. (Section 9(3))
- Direct the officer concerned to furnish copies of documents relating to contracts or transactions involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit. (Section 9(4))
- Request any government agency for assistance and information necessary in the discharge of its responsibilities, and examine pertinent records and documents. (Section 9(5))
- Publicize matters covered by its investigation when circumstances warrant and with due prudence. (Section 9(6))
- 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. (Section 9(7))
- Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. (Section 9(8))

Fiscal Autonomy
- The Office of the Ombudsman shall enjoy fiscal autonomy, and its approved annual appropriations shall be automatically and regularly released. (Section 10)

Repealing Clause and Effectivity
- All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are repealed or modified accordingly. (Section 11)
- This Executive Order shall take effect immediately. (Section 12)