Revising Presidential Decree No. 1487 Creating The Office Of The Ombudsman, To Be Known As Tanodbayan
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Revising Presidential Decree No. 1487 Creating The Office Of The Ombudsman, To Be Known As Tanodbayan
Presidential Decree No. 1607
December 10, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1607 (Tanodbayan Decree)Establishment of the Office of the Ombudsman (Tanodbayan)
- An independent office called the Tanodbayan is established. (Section 2)
- The Tanodbayan shall have two Deputies for Luzon, one for the Visayas, and one for Mindanao. (Section 2)
Appointment, Qualifications, and Disqualifications
- The President shall appoint the Tanodbayan and Deputies. (Section 3)
- The Tanodbayan and Deputies 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)
- The Tanodbayan and Deputies shall not engage in any profession, business, or have financial interests in government contracts or franchises during their tenure. (Section 5)
Terms of Office and Salary
- The Tanodbayan and Deputies shall serve for 7 years without reappointment, unless removed by the President for incapacity, neglect of duty, or misconduct. (Section 6)
- The Tanodbayan shall receive an annual salary of ₱60,000, and each Deputy shall receive ₱50,000, which shall not be diminished during their tenure. (Section 7)
Organization and Staffing
- The Tanodbayan may appoint assistants and employees in accordance with the Civil Service law. (Section 8)
- The Tanodbayan shall designate a Senior Deputy Tanodbayan to act in his stead when disabled or absent. (Section 8)
- The Tanodbayan may delegate authority or duties to staff, except the power of delegation and the duty of making recommendations or reports. (Section 8)
Definitions
- "Administrative agency" means any government department, unit, or government-owned or controlled corporation, excluding courts, the National Assembly (except members performing executive functions), the President or personal 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 or the failure to redress a wrong due to lack or inadequacy of legal remedy. (Section 9)
Powers of the Tanodbayan
- Investigate, on complaint or own initiative, any administrative act of an administrative agency, whether criminal or not. (Section 10)
- Prescribe methods for receiving and acting on complaints, determine the scope and manner of investigations, and determine the form, frequency, and distribution of conclusions and recommendations. (Section 10)
- Request and receive assistance and information from administrative agencies, examine their records and documents, and enter and inspect their premises, unless the President certifies that it may prejudice national interest. (Section 10)
- Issue subpoenas to compel testimony or production of evidence. (Section 10)
- Undertake general studies or inquiries to enhance knowledge or improve the functioning of administrative agencies. (Section 10)
Matters Appropriate for Investigation
- Administrative acts that may be contrary to law or regulation, unreasonable, unfair, oppressive, inconsistent, mistaken in law or facts, improperly motivated, unclear or inadequately explained, inefficiently performed, or otherwise objectionable. (Section 11)
- Strengthening procedures and practices that lessen the risk of objectionable administrative acts. (Section 11)
Action on Complaints
- The Tanodbayan may receive complaints from any source concerning an administrative act. (Section 12)
- The Tanodbayan may decide not to investigate a complaint if the complainant has another available remedy, the grievance is outside the Tanodbayan's power, the complainant's interest is insufficient, the complaint is trivial or not made in good faith, other complaints are more worthy, resources are insufficient, or the complaint is too delayed. (Section 12)
- After considering a complaint, the Tanodbayan shall inform the complainant and, when appropriate, the administrative agency involved. (Section 12)
- Letters from persons in detention or institutions under an administrative agency's control shall be immediately forwarded unopened to the Tanodbayan. (Section 12)
Consultation and Recommendations
- Before announcing a conclusion or recommendation that criticizes an administrative agency or person, the Tanodbayan shall consult with them. (Section 13)
- The Tanodbayan may recommend that an administrative agency consider a matter further, modify or cancel an act, alter a regulation or ruling, explain an act fully, or take any other step. If requested, the agency shall inform the Tanodbayan about the action taken on the recommendations or reasons for non-compliance. (Section 14)
- If the Tanodbayan believes an administrative action is dictated by unfair or objectionable laws, he shall bring his views on desirable statutory changes to the National Assembly's notice. (Section 14)
Publication of Recommendations
- The Tanodbayan may publish his conclusions, recommendations, and suggestions by transmitting them to the President, National Assembly, press, or others concerned. (Section 15)
- When publishing an opinion adverse to an administrative agency or official, the Tanodbayan shall include the substance of any statement made by the agency or official in explanation or rejection of the Tanodbayan's proposals, unless excused. (Section 15)
Annual Reports
- The Tanodbayan shall report annually to the National Assembly and the President by August 15 concerning the exercise of his functions during the preceding calendar year. (Section 16)
- The report shall be published in the Official Gazette and provided to provincial governors and city mayors. (Section 16)
- The report may criticize named agencies or officials but must include the substance of their replies to the criticism. (Section 16)
Office of the Chief Special Prosecutor
- An Office of the Chief Special Prosecutor is created within the Office of the Tanodbayan, composed of a Chief Special Prosecutor, Assistant Chief Special Prosecutor, and nine Special Prosecutors appointed by the President. (Section 17)
- The Chief State Prosecutor or other ranking official may be designated as Ex-Officio Chief Special Prosecutor and/or Assistant Chief Special Prosecutor. (Section 17)
- The Chief Special Prosecutor shall have an annual compensation of ₱40,000, the Assistant Chief Special Prosecutor ₱38,000, and Special Prosecutors ₱34,000, unless holding the position ex-officio. (Section 17)
- The Chief Special Prosecutor's Office has exclusive authority to conduct preliminary investigations of cases cognizable by the Sandiganbayan, file information, and direct and control the prosecution of such cases. (Section 17)
- The Tanodbayan may designate government prosecutors or lawyers to assist in the investigation and prosecution of Sandiganbayan cases. (Section 17)
- No publicity shall be allowed during preliminary investigations, and the names of the complainant and accused shall not be made public until an information is filed with the Sandiganbayan. (Section 17)
- The Chief Special Prosecutor's Office has the authority to administer oaths, issue subpoenas, summon and compel witnesses and evidence, and secure the attendance of witnesses through the Sandiganbayan or other courts. (Section 17)
- The Chief Special Prosecutor's Office is under the control and supervision of the Tanodbayan, and their resolutions and actions are not subject to review by any administrative agency. (Section 17)
Special Investigators
- The Tanodbayan may appoint and compensate Special Investigators and subordinate personnel, or detail government officers or employees to assist the Chief Special Prosecutor, without additional compensation except for per diems and expenses. (Section 18)
- The Special Investigators and subordinate personnel are under the supervision and control of the Chief Special Prosecutor, and their appointment is subject to the Civil Service law and rules. (Section 18)
- The Tanodbayan may require assistance and services from any government department, agency, bureau, or government-owned or controlled corporation in the performance of duties and functions. (Section 18)
Prosecution of Public Personnel or Other Persons
- If the Tanodbayan believes a public official, employee, or other person has acted in a manner warranting criminal or disciplinary action, the Office of the Chief Special Prosecutor shall investigate and file and prosecute the corresponding criminal or administrative case before the Sandiganbayan, proper court, or administrative agency. (Section 19)
- In case of failure of justice, the Sandiganbayan shall make appropriate recommendations to the administrative agency concerned. (Section 19)
Tanodbayan's Immunities
- No proceeding, opinion, or expression of the Tanodbayan or staff shall be reviewable in any court. (Section 20)
- No civil action shall lie against the Tanodbayan or staff for anything done, said, or omitted in discharging their responsibilities. (Section 20)
- The Tanodbayan and staff shall not be required to testify or produce evidence in any judicial, legislative, or administrative proceeding concerning matters within their official cognizance, except in proceedings to enforce this Decree. (Section 20)
Rights and Duties of Witnesses
- Persons required by the Tanodbayan to provide information shall be paid the same fees and travel allowances as witnesses in courts of first instance. (Section 21)
- Persons providing oral or documentary information to the Tanodbayan shall be accorded the same privileges and immunities as witnesses in courts and shall be entitled to assistance of counsel while being questioned. (Section 21)
- If a person refuses to respond to the Tanodbayan's subpoena, refuses to be examined, or engages in obstructive misconduct, the Tanodbayan shall certify the facts to the Sandiganbayan or court of first instance, which shall issue an order for the person to show cause why they should not be punished for contempt. (Section 21)
Obstruction
- A person who willfully obstructs or hinders the proper exercise of the Tanodbayan's functions or willfully misleads or attempts to mislead the Tanodbayan in inquiries shall be fined not more than ₱5,000. (Section 22)
Repealing Clause and Relation to Other Laws
- Republic Act No. 6028 and all laws, orders, decrees, instructions, rules, and regulations inconsistent with this Decree are repealed. (Section 23)
- The provisions of this Decree are in addition to and do not limit or affect any other enactment providing a remedy, right of appeal, or procedure for inquiry or investigation. (Section 23)
- The powers conferred on the Tanodbayan may be exercised notwithstanding any provision that an administrative action shall be final or unappealable. (Section 23)
Appropriation
- The sum of ₱5,000,000 is appropriated to carry out the provisions of this Decree. (Section 24)
- Thereafter, the appropriation for the Office of the Tanodbayan shall be included in the general appropriations act. (Section 24)
Effectivity
- This Decree shall take effect immediately. (Section 25)
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Revising Presidential Decree No. 1487 Creating The Office Of The Ombudsman, To Be Known As Tanodbayan
Presidential Decree No. 1607
•December 10, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1607
REVISING PRESIDENTIAL DECREE NO. 1487 CREATING THE OFFICE OF THE OMBUDSMAN, TO BE KNOWN AS TANODBAYAN
To give effect to the constitutional right of the people to petition the government for redress for 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 Tanodbayan, is hereby established. The Tanodbayan shall have two 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 of the bar, well equipped to analyze problems of law, administration, and public policy and shall not have been actively involved in...
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