Republic Act No.

6770
Ombudsman Act of
1989

OMBUDSMAN means
It comes from two Swedish words
OMBUD protector
MAN - people

PROTECTOR OF THE PEOPLE

TANODBAYAN means
Derived from 2 Pilipino words:
TANOD guard
BAYAN - country

TANODBAYAN conveys the

concept of the Ombudsman

What is the Office of the

OMBUDSMAN?
Independent body created by the Constitution
to serve as protector of the people
It receives & investigates complaints
relative to public office, including governmentowned & controlled corporations.

Cont
It makes appropriate recommendations,
and, if warranted by evidence, files &
prosecutes criminal, civil or
administrative cases before the
proper court or administrative body to
promote efficient service by the
government to the people.

Cont
It gives assistance to the
people in obtaining redress for
grievances involving the
performance of duties and
functions of any government
agency/ personnel.

Cont
A graft prevention office which
determines the causes of
inefficiency, red tape,
mismanagement, fraud,
corruption in the government &
make recommendations for their
elimination & the observance of
high standards of ethics & efficiency.

When and how was the

OMB created?
The 1987 Constitution
gave birth to it.

1987
Constitution
E.O. No. 243

May 12, 1988 OMB

became operational

RA No. 6770
(Nov 17, 1989
Date of Enactment)

State shall maintain

honesty & integrity in
public service & take
positive & effective
measures against graft
& corruption.
Public officers &
employees must at all
times, be accountable
to the people, serve
them with utmost
responsibility,
integrity, loyalty and
efficiency, act w/
patriotism & justice

Under RA 6770, Office of the

Special Prosecutor becomes an
organic component of OMB &
shall
be
under
the
direct
supervision & control of OMB, for
greater efficiency & effectivity in
undertaking
investigation
&
prosecution functions

Who heads the Office of

the Ombudsman?

Process of Selection
Judicial Bar
The President picks 1
Council prepares and appoints him as
6 nominees
OMBUDSMAN
The recognized probity,
independence & professionalism
of the chosen nominee qualify him
to serve as such for a term of seven
years without reappointment.

What is the primary duty of

the Ombudsman?
The OMB was created by the
Constitution to be the OVERALL
WATCHDOG of the people by
fighting against offenses that are
committed by public officials or
employees
such
as:

MALFEASANCE

Abuses & acts

of dishonesty

MISFEASANCE

Incompetence &
inefficiency

NONFEASANCE

Inaction &
indifference

POWERS, FUNCTIONS &

ROLES OF OMB

The Office of the OMB is vested

with the authority to:
1.

2.

ACT on any complaint against

any government official/
employee.
CONDUCT investigations and
prosecute if such is warranted

3. GIVE ASSISTANCE to the public

on matters involving the
performance of the duties &
functions of any government
agency/personnel.
4. DETERMINE the causes of
inefficiency, red tape, fraud,
mismanagement & corruption in
the government & recommend
measures for their elimination &
the observance of high standards
of ethics & efficiency.

FIVE MAJOR ROLES

1) WATCHDOG it looks at the
general & specific performance of
government officials & employees in
order that the law may be
administered & executed justly,
fairly & equally for all. It also sees
to it that steady flow of services is
accorded to the citizens

2. MOBILIZER
- it effectively utilizes the support of
NGOs, youth sector & other major
sectors of the society in the drive
against graft & corruption.
- It establishes a continuing
partnership w/ other agencies.

3. OFFICIAL CRITIC
- It studies the laws, procedures
& practices in government, &
makes appropriate
recommendations for a
systematic operation of the
government machinery free from
bureaucratic inconveniences.

4. DISPENSER OF JUSTICE
-

It administratively sanctions erring

government officials & employees.

It criminally charges &

prosecutes them, including
privates persons found to have
conspired with them

5. EQUALIZER
It supplies the difference between
the Right of a Person and the
Power of the State.

Five Major Functions

1. Public Assistance
2. Graft Prevention
3. Investigation
4. Prosecution
(Private individuals may also be
charged in case of conspiracy)
5. Administrative Adjudication

What is a grievance or
request for assistance?

Who may file a complaint or

request for assistance?
ANY
INDIVIDUAL
OR BODY

consists of a complaint or request

seeking redress of relief concerning an
act or omission of public official or
employee, office or agency alleged to be
unreasonable,
unfair,
oppressive,
discriminatory, improper or inefficient,
and which does not necessarily
amount
to
a
criminal
or
administrative offense.

Where to file?

Office of the Ombudsman through

its Public Assistance Bureau
(PAB)

Office of the representative Deputy

Ombudsman.

Send to:
Office of the Ombudsman
Visayas

DA 7 Cmpd., M. Velez St., Guadalupe,

Cebu City
TEL: # 255-0977, 4125440

How is a complaint
entertained?
WRITTEN

or

ORAL

BUT

BUT

Under oath & with a detailed

account of the matter complained
about & with enough evidence.
Oral complaints should preferably be
written to facilitate action. Only in
exceptional cases (as when the
complainants are not capable of
putting their complaints in writing)
are complaints made orally accepted.

What are the grounds for

criminal complaints?
Violation of
RA 3019 (Anti-Graft and Corrupt
Practices Act), as amended,
RA 1379 (An Act Declaring Forfeiture in
Favor of the State Any Property Officer or
Employee), as amended,

Violation of
RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
Employees),
Title VII of the Revised Penal Code,
and for such other offenses
committed by the public officers
and employees whether or not in
relation to their office.

What are the grounds for

administrative offenses?
An administrative complaint may be
filed for acts or omissions, including
but not limited to the following:
contrary to the law or
regulations;
unreasonable, unfair, oppressive
or
discriminating;

 inconsistent with the general course

of agencys functions though in
accordance with the law;
On a mistake of law or an arbitrary
ascertainment of facts;
In the exercise of discretionary
powers, but for and improper
purpose;
Due to any delay or refusal to
comply with the referral or directive
of the Ombudsman or any of his
deputies against the office or
employee o whom it was addressed;

 Otherwise irregular, immoral or

Such other grounds provided for
under P. D. 807, RA 6713 and
other applicable laws.
(Section 1, Rule III, Administrative
Order No. 7)

As of this date criminal cases

committed by public officials with a
salary grade of 27 and above
are filed before the Sandiganbayan
and those with a salary grade of
26 and below are charged before
the Regional Trial Courts (RTC).

Prosecution
in the
Sandiganbayan
Prosecution
in the RTC
Administrative
Cases filed
against low
ranking Govt
employees

Handled
by

Handled by

Handled
by

Office of
The Special
Prosecutor
Deputized
Provincial/City
Prosecutor
Civil
Service
Commission
CONT

(An inter-agency agreement was

entered between the CSC and
the OMB to unclog the dockets
in the OMB.)
Note that forum shopping will merit
the dismissal of any case filed.

THANK
YOU!