OMBUDSMAN

OMBUDSMAN
By: Jazel C. Galaura
ADAS-III, DEPED Agusan Del Sur
What is Ombudsman?
⇨ The word ombudsman comes from the
Swedish ombudsman, meaning "legal
representative." An ombudsman is a legal
representative, often appointed by a government or
organization to investigate complaints made by
individuals in the interest of the citizens or
employees.
 Republic Act No. 6770
AN ACT PROVIDING FOR THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE OFFICE
OF THE OMBUDSMAN, AND FOR OTHER
PURPOSES
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Mandate
THE OMBUDSMAN AND HIS DEPUTIES, as protectors of the people shall act
promptly on complaints filed in any form or manner against officers or employees of
the Government, or of any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and enforce their administrative, civil
and criminal liability in every case where the evidence warrants in order to promote
efficient service by the Government to the people (Section 13, R.A. No. 6770; see
also Section 12 Article XI of the 1987 Constitution).
The Ombudsman shall give priority to complaints filed against high ranking government
officials and/or those occupying supervisory positions, complaints involving grave
offenses as well as complaints involving large sums of money and/or properties (Sec.
15, R.A. No. 6770).

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 Powers, Functions and Duties
⇨ 1. Investigate and ⇨ 2. Direct, upon complaint or at
its own instance, any officer or
prosecute on its own or
employee of the Government, or
on complaint by any of any subdivision, agency or
person, any act or instrumentality thereof, as well
as any government-owned or
omission of any public
controlled corporations with
officer or employee, original charter, to perform and
office or agency, when expedite any act or duty required
such act or omission by law, or to stop, prevent, and
correct any abuse or impropriety
appears to be illegal, in the performance of duties
unjust, improper or
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 Powers, Functions and Duties
⇨ 3. Direct the officer concerned to ⇨ 4. Direct the officer concerned,
take appropriate action against a in any appropriate case, and
public officer or employee at subject to such limitations as it
fault or who neglects to perform may provide in its rules of
an act or discharge a duty procedure, to furnish it with
required by law, and recommend copies of documents relating to
his removal, suspension, contracts or transactions entered
demotion, fine, censure, or into by his office involving the
prosecution, and ensure disbursement or use of public
compliance therewith; or enforce funds or properties, and report
its disciplinary authority as any irregularity to the
provided in Section 21 Commission on Audit for
appropriate action

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 Powers, Functions and Duties
⇨ 5. Request any ⇨ 6. Publicize matters covered by
its investigation of the matters
government agency for
mentioned in paragraphs (1), (2),
assistance and (3) and (4) hereof, when
information necessary in circumstances so warrant and
with due determine what cases
the discharge of its
may not be made public:
responsibilities, and to Provided further, That any
examine, if necessary, publicity issued by the
pertinent records and Ombudsman shall be balanced,
fair, and true
documents

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 Powers, Functions and Duties
⇨ 7. Determine the causes of ⇨ 8. Administer oaths, issue
inefficiency, red tape, subpoena and subpoena
mismanagement, fraud, and duces tecum, and take
corruption in the testimony in any
Government and make investigation or inquiry,
recommendations for their including the power to
elimination and the examine and have access to
observance of high standards bank accounts and records
of ethics and efficiency

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 Powers, Functions and Duties
⇨ 9. Punish for contempt in ⇨ 10. Delegate to the Deputies,
accordance with the or its investigators or
Rules of Court and under representatives such
authority or duty as shall
the same procedure and
ensure the effective exercise
with the same penalties of performance of the
provided therein powers, functions, and duties
herein or hereinafter
provided

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 Powers, Functions and Duties
⇨ 11. Investigate and
⇨ 12. Promulgate its rules
initiate the proper action
of procedure and exercise
for the recovery of ill-
such other powers or
gotten and/or unexplained
perform such functions or
wealth amassed after
duties as may be provided
February 25, 1986 and
by law
the prosecution of the
parties involved therein

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 Frequently Asked Questions
What cases are handled by the ombudsman?
Answer:
A complaint filed in or taken cognizance of by the Office of
the Ombudsman charging any public officer or employee including
those in the government-owned or controlled corporations, with an
act or omission alleged to be illegal, unjust, improper or inefficient
is an Ombudsman case.

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 Frequently Asked Questions

Is there a prescribed form for complaints to be filed with

the Office of the Ombudsman?
Answer:
None. A complaint may be in any form, either verbal or in
writing. For a speedier disposition of the complaint,
however, it is preferable that it be in writing and under
oath.
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 Frequently Asked Questions

Does the Ombudsman entertain anonymous complaints?

Answer:
Yes. However, a complaint which does not disclose the
identity of the complainant will be acted upon only if it
merits appropriate consideration, or contains sufficient
leads or particulars to enable the taking of further action.

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 Frequently Asked Questions
Does the Office of the Ombudsman have jurisdiction to investigate private
persons?
Answer:
Yes, in all cases of conspiracy between an officer or employee of the
government and a private person, the Ombudsman and his Deputies shall
have jurisdiction to include such private person in the investigation and
proceed against such private person as the evidence may warrant. The
officer or employee and the private person shall be tried jointly and shall be
subject to the same penalties and liabilities.

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 Frequently Asked
Questions
What are the grounds for filing an administrative complaint?
An administrative complaint may be filed for acts or omissions which are:
1. Contrary to law or regulations;
2.  Unreasonable, unfair, oppressive or discriminatory;
3. Inconsistent with the general course of an agency’s functions though in accordance with law;
4.  Based on a mistake of law or an arbitrary ascertainment of facts;
5.  In the exercise of discretionary powers but for an improper purpose;
6.  Otherwise irregular, immoral or devoid of justification;
7.  Due to any delay or refusal to comply with the referral or directive of the Ombudsman or
any of his deputies against the officer or employee to whom it was addressed; and
8.  Such other grounds provided for under E.O. 292 and other applicable laws.

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 References
[Link]
[Link]
act-of-1989?from_action=save

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