THE OMBUDSMAN ACT OF 1989
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THE OMBUDSMAN ACT OF 1989
Republic Act No. 6770
November 15, 1989
Case Overview and Summary
Summary of The Ombudsman Act of 1989 (Republic Act No. 6770)Establishment and Organization of the Office of the Ombudsman
- The Office of the Ombudsman includes the Office of the Overall Deputy, Deputies for Luzon, Visayas, Mindanao, Armed Forces, and the Office of the Special Prosecutor. (Section 3)
- The Ombudsman and Deputies are appointed by the President from a list prepared by the Judicial and Bar Council, considering regional and cultural representation. (Sections 4-5)
- The Ombudsman and Deputies have the same rank, salary, and privileges as Constitutional Commissioners. (Section 6)
- The Ombudsman and Deputies serve for a term of 7 years without reappointment. (Section 7)
- Removal procedures for the Ombudsman and Deputies are specified. (Section 8)
- Prohibitions and disqualifications for the Ombudsman, Deputies, and Special Prosecutor are outlined, including conflict of interest and post-employment restrictions. (Section 9)
- The structural organization, directorates, and staffing of the Office are determined by the Ombudsman. (Section 11)
Mandate, Powers, and Functions
- The Ombudsman and Deputies shall act promptly on complaints against government officers or employees and enforce their liability. (Section 13)
- The Office has primary jurisdiction over cases cognizable by the Sandiganbayan (anti-graft court). (Section 15.1)
- The Office can direct government officials to perform duties, stop abuses, and take appropriate action against erring officials. (Sections 15.2-15.3)
- The Office can request documents, examine records, and publicize matters under investigation. (Sections 15.4-15.6)
- The Office can administer oaths, issue subpoenas, and punish for contempt. (Sections 15.8-15.9)
- The Office can investigate and initiate recovery of ill-gotten wealth after February 25, 1986. (Section 15.11)
Investigation and Disciplinary Procedures
- The Office can conduct administrative investigations and impose penalties ranging from suspension to dismissal or fines. (Sections 19, 21, 23-25)
- The Office can grant immunity from prosecution to witnesses in exchange for testimony. (Section 17)
- The Office can issue preventive suspension orders against officials under investigation. (Section 24)
- The Office can inquire into acts or omissions of public officers and issue orders to protect complainants' rights. (Section 26)
- Decisions of the Office are immediately effective and executory, with provisions for appeals and reconsideration. (Section 27)
- The Office can establish regional offices and assign investigations to Deputies or special investigators. (Section 28)
Miscellaneous Provisions
- The Office can recommend changes to unjust laws to the President and Congress. (Section 29)
- The Office can transmit adverse decisions to concerned agencies for action. (Section 30)
- The Office can designate special investigators or prosecutors from government service. (Section 31)
- Witnesses are entitled to fees, travel allowances, security, and legal assistance. (Section 32)
- Government officers and employees must render assistance to the Office when required. (Section 33)
- The Office shall submit an annual report to the President and Congress. (Section 34)
- Penalties are prescribed for malicious prosecution and obstruction of the Office's functions. (Sections 35-36)
- The Office enjoys fiscal autonomy and franking privilege. (Sections 37-38)
- Appropriations for the Office shall not be reduced below the previous year's level. (Section 38)
- Separability and repealing clauses are included. (Sections 40-41)
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THE OMBUDSMAN ACT OF 1989
Republic Act No. 6770
•November 15, 1989
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress
Republic Act No. 6770             November 17, 1989
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. — This Act shall be known as "The Ombudsman Act of 1989".
Section 2. Declaration of Policy. — The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.
Section 3. Office of the Ombudsman. — The Office of the Ombudsman shall include the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for the Visayas, the Office...
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