MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1630
FURTHER REVISING PRESIDENTIAL DECREE NO. 1487, AS REVISED BY PRESIDENTIAL DECREE NO. 1607, CREATING THE OFFICE OF THE TANODBAYAN
To give effect to the constitutional right of the people to petition the government for redress of grievances and to promote higher standards of integrity and efficiency in the government service, I, FERDINAND E. MARCOS President of the Philippines, by virtue of the powers vested in me under the Constitution, hereby order and decree as follows:
Section 1. Short Title. This Decree may be cited as the Tanodbayan Decree.
Section 2. Establishment of Office. An independent Office of the Ombudsman, to be called the Office of the Tanodbayan, is hereby created. The Chief of said Office of the Tanodbayan shall be called the Tanodbayan who shall have two (2) deputies for Luzon, one for the Visayas and one for Mindanao.
Section 3. Appointment. The President shall appoint the Tanodbayan and his Deputies.
Section 4. Qualifications. The Tanodbayan and his Deputies shall be members...
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Presidential Decrees
Further Revising Presidential Decree No. 1487, As Revised By Presidential Decree No. 1607, Creating The Office Of The Tanodbayan
Presidential Decree No. 1630
SUMMARY OF PRESIDENTIAL DECREE NO. 1630
Establishment of the Office of the Tanodbayan (Ombudsman):
- An independent Office of the Tanodbayan (Ombudsman) is created. (Section 2)
- The Chief is called the Tanodbayan, with two Deputies for Luzon, one for Visayas, and one for Mindanao. (Section 2)
Appointment, Qualifications, and Disqualifications:
- The President appoints the Tanodbayan and Deputies. (Section 3)
- They must be members of the bar, well-equipped to analyze legal, administrative, and public policy issues, and not actively involved in partisan affairs. (Section 4)
- They cannot engage in any profession, business, or have financial interests in government contracts or franchises during their tenure. (Section 5)
Term of Office and Salary:
- The Tanodbayan and Deputies serve for 7 years without reappointment, unless removed by the President for incapacity, neglect of duty, or misconduct. (Section 6)
- The Tanodbayan receives an annual salary of 60,000 pesos, and Deputies receive 50,000 pesos, which cannot be diminished during their term. (Section 7)
Organization and Staff:
- The Office has an Executive Director, Administrative Office, Finance, Management and Planning Office, Legal Office, and Investigation and Prosecution Office. (Section 8)
- Detailed staffing structure, positions, and salaries are specified. (Section 8)
Definitions:
- "Administrative agency" excludes courts, National Assembly, President's staff, and Constitutional Commissions. (Section 9)
- "Administrative Act" refers to any action, decision, omission, recommendation, practice, or procedure of an administrative agency. (Section 9)
- "Failure of Justice" refers to the defeat of a right, lack of legal remedy, or a public official's act warranting criminal prosecution or legal case. (Section 9)
Powers of the Tanodbayan:
- Investigate administrative acts of any agency, including government-owned corporations, on complaint or own initiative. (Section 10)
- Prescribe methods for receiving and acting on complaints, determine investigation scope and manner, and distribute conclusions and recommendations. (Section 10)
- Request assistance and information from agencies, examine records, and inspect premises, unless certified by the President as prejudicial to national interest. (Section 10)
- Issue subpoenas to compel testimony or evidence. (Section 10)
- File and prosecute cases before the Sandiganbayan or proper courts for prima facie cases. (Section 10)
- File and prosecute civil and administrative cases involving graft, corruption, and offenses by public officers and employees. (Section 10)
- Undertake general studies or inquiries to enhance knowledge and improve agency functioning. (Section 10)
- Deputize or call upon government officials or employees with the President's approval. (Section 10)
Powers and Functions of Deputies:
- The Deputies assist the Tanodbayan in performing duties and can be assigned to any region or area. (Section 11)
Matters Appropriate for Investigation:
- Administrative acts that are contrary to law, unreasonable, mistaken, improper, unclear, inefficient, or otherwise objectionable. (Section 12)
- Strengthening procedures and practices to lessen the risk of objectionable administrative acts. (Section 12)
Action on Complaints:
- The Tanodbayan may receive complaints from any source and conduct investigations at no expense to the complainant. (Section 13)
- The Tanodbayan shall inform the complainant and agency about the outcome. (Section 13)
- Letters from persons in detention or institutions shall be forwarded unopened to the Tanodbayan. (Section 13)
Consultation and Recommendations:
- The Tanodbayan shall consult with the agency or person before criticizing them. (Section 14)
- The Tanodbayan may recommend agencies to consider matters further, modify acts, alter regulations, explain acts, or take other steps. (Section 15)
- If laws result in unfair or objectionable actions, the Tanodbayan shall bring desirable statutory changes to the President and National Assembly. (Section 15)
Publication of Recommendations:
- If a prima facie case is found, the Tanodbayan shall transmit conclusions, recommendations, and suggestions to the President for immediate action. (Section 16)
- The Tanodbayan shall include the agency's or official's statement when transmitting adverse opinions, unless excused. (Section 16)
Investigation and Prosecution of Cases:
- The Tanodbayan has exclusive authority to conduct preliminary investigations of Sandiganbayan cases, file information, and direct prosecution. (Section 17)
- The Tanodbayan may utilize personnel or designate government lawyers as special investigators or prosecutors, under the Tanodbayan's supervision and control. (Section 17)
- No publicity is allowed during preliminary investigations, and names shall not be made public until an information is filed. (Section 17)
- The Tanodbayan, investigators, and prosecutors have authority to administer oaths, issue subpoenas, summon witnesses, and secure attendance through courts. (Section 17)
- The Tanodbayan's resolutions and actions are not subject to review by any administrative agency. (Section 17)
Prosecution of Public Personnel or Others:
- If the Tanodbayan believes a public official, employee, or other person has acted warranting criminal or disciplinary action, the Tanodbayan shall conduct an investigation and file the corresponding case. (Section 18)
Tanodbayan's Immunities:
- The Tanodbayan's proceedings, opinions, or expressions are not reviewable in any court. (Section 19)
- No civil action shall lie against the Tanodbayan or staff for anything done or said in discharging responsibilities. (Section 19)
- The Tanodbayan and staff are not required to testify or produce evidence in any proceeding, except to enforce this Decree. (Section 19)
Rights and Duties of Witnesses:
- Witnesses shall be paid fees and travel allowances as in courts of first instance. (Section 20)
- Witnesses providing information shall have the same privileges and immunities as court witnesses and be entitled to counsel assistance. (Section 20)
- If a person refuses to respond or engages in obstructive misconduct, the Tanodbayan shall certify the facts to the Sandiganbayan or court for contempt proceedings. (Section 20)
Duty to Render Assistance:
- Government officials or employees, when called upon by the Tanodbayan with the President's approval, shall render assistance or face administrative disciplinary action. (Section 21)
Obstruction:
- Willfully obstructing or hindering the Tanodbayan's functions, or willfully misleading the Tanodbayan, shall be fined not more than 5,000 pesos. (Section 22)
Franking Privilege:
- The Tanodbayan's mail matters and telegrams within the Philippines shall be transmitted and delivered free of charge, with weight limits for non-government recipients. (Section 23)
Repealing Clause and Relation to Other Laws:
- Republic Act No. 6028 and inconsistent laws, orders, decrees, instructions, rules, and regulations are repealed. (Section 24)
- The Tanodbayan's powers may be exercised notwithstanding provisions that administrative actions are final or unappealable. (Section 24)
Appropriation:
- 5,000,000 pesos is appropriated to carry out the provisions of this Decree. (Section 25)
- Subsequent appropriations for the Tanodbayan shall be included in the General Appropriations Act. (Section 25)
Establishment of the Office of the Tanodbayan (Ombudsman):
- An independent Office of the Tanodbayan (Ombudsman) is created. (Section 2)
- The Chief is called the Tanodbayan, with two Deputies for Luzon, one for Visayas, and one for Mindanao. (Section 2)
Appointment, Qualifications, and Disqualifications:
- The President appoints the Tanodbayan and Deputies. (Section 3)
- They must be members of the bar, well-equipped to analyze legal, administrative, and public policy issues, and not actively involved in partisan affairs. (Section 4)
- They cannot engage in any profession, business, or have financial interests in government contracts or franchises during their tenure. (Section 5)
Term of Office and Salary:
- The Tanodbayan and Deputies serve for 7 years without reappointment, unless removed by the President for incapacity, neglect of duty, or misconduct. (Section 6)
- The Tanodbayan receives an annual salary of 60,000 pesos, and Deputies receive 50,000 pesos, which cannot be diminished during their term. (Section 7)
Organization and Staff:
- The Office has an Executive Director, Administrative Office, Finance, Management and Planning Office, Legal Office, and Investigation and Prosecution Office. (Section 8)
- Detailed staffing structure, positions, and salaries are specified. (Section 8)
Definitions:
- "Administrative agency" excludes courts, National Assembly, President's staff, and Constitutional Commissions. (Section 9)
- "Administrative Act" refers to any action, decision, omission, recommendation, practice, or procedure of an administrative agency. (Section 9)
- "Failure of Justice" refers to the defeat of a right, lack of legal remedy, or a public official's act warranting criminal prosecution or legal case. (Section 9)
Powers of the Tanodbayan:
- Investigate administrative acts of any agency, including government-owned corporations, on complaint or own initiative. (Section 10)
- Prescribe methods for receiving and acting on complaints, determine investigation scope and manner, and distribute conclusions and recommendations. (Section 10)
- Request assistance and information from agencies, examine records, and inspect premises, unless certified by the President as prejudicial to national interest. (Section 10)
- Issue subpoenas to compel testimony or evidence. (Section 10)
- File and prosecute cases before the Sandiganbayan or proper courts for prima facie cases. (Section 10)
- File and prosecute civil and administrative cases involving graft, corruption, and offenses by public officers and employees. (Section 10)
- Undertake general studies or inquiries to enhance knowledge and improve agency functioning. (Section 10)
- Deputize or call upon government officials or employees with the President's approval. (Section 10)
Powers and Functions of Deputies:
- The Deputies assist the Tanodbayan in performing duties and can be assigned to any region or area. (Section 11)
Matters Appropriate for Investigation:
- Administrative acts that are contrary to law, unreasonable, mistaken, improper, unclear, inefficient, or otherwise objectionable. (Section 12)
- Strengthening procedures and practices to lessen the risk of objectionable administrative acts. (Section 12)
Action on Complaints:
- The Tanodbayan may receive complaints from any source and conduct investigations at no expense to the complainant. (Section 13)
- The Tanodbayan shall inform the complainant and agency about the outcome. (Section 13)
- Letters from persons in detention or institutions shall be forwarded unopened to the Tanodbayan. (Section 13)
Consultation and Recommendations:
- The Tanodbayan shall consult with the agency or person before criticizing them. (Section 14)
- The Tanodbayan may recommend agencies to consider matters further, modify acts, alter regulations, explain acts, or take other steps. (Section 15)
- If laws result in unfair or objectionable actions, the Tanodbayan shall bring desirable statutory changes to the President and National Assembly. (Section 15)
Publication of Recommendations:
- If a prima facie case is found, the Tanodbayan shall transmit conclusions, recommendations, and suggestions to the President for immediate action. (Section 16)
- The Tanodbayan shall include the agency's or official's statement when transmitting adverse opinions, unless excused. (Section 16)
Investigation and Prosecution of Cases:
- The Tanodbayan has exclusive authority to conduct preliminary investigations of Sandiganbayan cases, file information, and direct prosecution. (Section 17)
- The Tanodbayan may utilize personnel or designate government lawyers as special investigators or prosecutors, under the Tanodbayan's supervision and control. (Section 17)
- No publicity is allowed during preliminary investigations, and names shall not be made public until an information is filed. (Section 17)
- The Tanodbayan, investigators, and prosecutors have authority to administer oaths, issue subpoenas, summon witnesses, and secure attendance through courts. (Section 17)
- The Tanodbayan's resolutions and actions are not subject to review by any administrative agency. (Section 17)
Prosecution of Public Personnel or Others:
- If the Tanodbayan believes a public official, employee, or other person has acted warranting criminal or disciplinary action, the Tanodbayan shall conduct an investigation and file the corresponding case. (Section 18)
Tanodbayan's Immunities:
- The Tanodbayan's proceedings, opinions, or expressions are not reviewable in any court. (Section 19)
- No civil action shall lie against the Tanodbayan or staff for anything done or said in discharging responsibilities. (Section 19)
- The Tanodbayan and staff are not required to testify or produce evidence in any proceeding, except to enforce this Decree. (Section 19)
Rights and Duties of Witnesses:
- Witnesses shall be paid fees and travel allowances as in courts of first instance. (Section 20)
- Witnesses providing information shall have the same privileges and immunities as court witnesses and be entitled to counsel assistance. (Section 20)
- If a person refuses to respond or engages in obstructive misconduct, the Tanodbayan shall certify the facts to the Sandiganbayan or court for contempt proceedings. (Section 20)
Duty to Render Assistance:
- Government officials or employees, when called upon by the Tanodbayan with the President's approval, shall render assistance or face administrative disciplinary action. (Section 21)
Obstruction:
- Willfully obstructing or hindering the Tanodbayan's functions, or willfully misleading the Tanodbayan, shall be fined not more than 5,000 pesos. (Section 22)
Franking Privilege:
- The Tanodbayan's mail matters and telegrams within the Philippines shall be transmitted and delivered free of charge, with weight limits for non-government recipients. (Section 23)
Repealing Clause and Relation to Other Laws:
- Republic Act No. 6028 and inconsistent laws, orders, decrees, instructions, rules, and regulations are repealed. (Section 24)
- The Tanodbayan's powers may be exercised notwithstanding provisions that administrative actions are final or unappealable. (Section 24)
Appropriation:
- 5,000,000 pesos is appropriated to carry out the provisions of this Decree. (Section 25)
- Subsequent appropriations for the Tanodbayan shall be included in the General Appropriations Act. (Section 25)