Accountabilty of Public Officer digest

8/10/2019 Accountabilty of Public Officer digest

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ACCOUNTABILTY OF PUBLIC OFFICERS

PRESIDENTIAL DECREE No. 1606 December 10, 1978

REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS"SANDIGANBAYAN" AND FOR OTHER PURPOSES

WHEREAS, the new Constitution declares that a public office is a public trust and ordains that public officers and

employees shall serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain atall times accountable to the people;

WHEREAS, to attain the highest norms of official conduct required of public officers and employees, Section 5,Article XIII of the New Constitution provides for the creation of a special court to be known as Sandiganbayan;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in mevested by the Constitution, do hereby order and decree as follows:

Section 1.Sandiganbayan; composition; qualifications; tenure; removal and composition.A special court, of thesame level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known asthe Sandiganbayan is hereby created composed of a Presiding Justice and eight Associate Justices who shall be

appointed by the President.

No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is a natural-born citizen of the Philippines, at least 40 years of age and for at least ten years has been a judge of a court ofrecord or been engaged in the practice of law in the Philippines or has held office requiring admission to the baras a pre-requisite for a like period.

The Presiding Justice shall be so designated in his commission and the other Justices shall have precedenceaccording to the dates of their respective commissions, or, when the commissions of two or more of them shallbear the same date, according to the order in which their commissions have been issued by the President.

The Presiding Justice and the Associate Justices shall not be removed from office except on impeachment upon

the grounds and in the manner provided for in Sections 2, 3 and 4 of Article XIII of the 1973 Constitution.

The Presiding Justice shall receive an annual compensation of P60,000.00 and each Associate JusticeP55,000.00 which shall not be diminished during their continuance in office. They shall have the same rank,privileges and other emoluments, be subject to the same inhibitions and disqualifications, and enjoy the sameretirement and other benefits as those provided for under existing laws of the Presiding Justice and AssociateJustices of the Court of Appeals.

Whenever the salaries of the Presiding Justice and the Associate Justices of the Court of Appeals are increased,such increases in salaries shall be correspondingly extended to and enjoyed by the Presiding Justice and theAssociate Justices of the Sandiganbayan.

They shall hold office until they reach the age of 65 years or become incapacitated to discharge the duties of theiroffice.

Section 2.Official Station; Place of Holding Sessions.The Sandiganbayan shall have its principal office in theMetro Manila area and shall hold sessions thereat for the trial and determination of all cases filed with itirrespective of the place where they may have arisen; Provided, however, that the Presiding Justice may authorizeany division or divisions of court to hold sessions at any time and place outside Metro Manila to hear and decidecases emanating from any of the existing judicial districts. Whenever necessary, the Sandiganbayan may requirethe services of the personnel and the use of the facilities of any agency of the Government, national or local,including the courts of first instance of the province where any of the divisions is holding session, and thosepersonnel of such agencies or courts shall be subject to the orders of the Sandiganbayan.

Section 3.Divisions of the Courts; Quorum.The Sandiganbayan shall sit in three divisions of three Justices each.The three divisions may sit at the same time.

Three Justices shall constitute a quorum for session in division; Provided, that when the required quorum cannotbe had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein, the


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President shall, upon recommendation of the Presiding Justice, designate any Justice of the Court of Appeals orJudge of the Court of First Instance or of the Circuit Criminal Court of the judicial district concerned to sittemporarily therein.

Section 4.Jurisdiction.The Sandiganbayan shall have jurisdiction over:

(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and CorruptPractices Act, and Republic Act No. 1379;

(b) Crimes committed by public officers and employees including those employed in government-owned orcontrolled corporations, embraced in Title VII of the Revised Penal Code, whether simple or complexedwith other crimes; and

(c) Other crimes or offenses committed by public officers or employees, including those employed ingovernment-owned or controlled corporations, in relation to their office.

The jurisdiction herein conferred shall be original and exclusive if the offense charged is punishable by a penaltyhigher than prision correccional, or its equivalent, except as herein provided; in other offenses, it shall beconcurrent with the regular courts.

In case private individuals are charged as co-principals, accomplices or accessories with the public officers oremployees including those employed in government-owned or controlled corporations, they shall be tried jointlywith said public officers and employees.

Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the offensecharged, he may nevertheless be convicted and sentenced for the offense proved, included in that which ischarged.

Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and thecorresponding civil action for the recovery of civil liability arising from the offense charged shall at all times besimultaneously instituted with, and jointly determined in the same proceeding by, the Sandiganbayan, the filing ofthe criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the

filing of such action shall be recognized; Provided, however, that, in cases within the exclusive jurisdiction of theSandiganbayan, where the civil action had therefore been filed separately with a regular court but judgmenttherein has not yet been rendered and the criminal case is hereafter filed with the Sandiganbayan, said civil actionshall be transferred to the Sandiganbayan for consolidation and joint determination with the criminal action,otherwise, the criminal action may no longer be filed with the Sandiganbayan, its exclusive jurisdiction over thesame notwithstanding, but may be filed and prosecuted only in the regular courts of competent jurisdiction;Provided, further, that, in cases within the concurrent jurisdiction of the Sandiganbayan and the regular courts,where either the criminal or civil action is first filed with the regular courts, the corresponding civil or criminalaction, as the case may be, shall only be filed with the regular courts of competent jurisdiction.

Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members of thearmed forces in the active service.

Section 5.Proceedings, how conducted; votes required. The unanimous vote of the three justices in a divisionshall be necessary for the pronouncement of a judgment. In the event that the three justices do not reach aunanimous vote, the Presiding Judge shall designate two other justices from among the members of the Court tosit temporarily with them, forming a division of five justices, and the concurrence of a majority of such division shallbe necessary for rendering judgment.

Section 6.Maximum period for termination of cases. As far as practicable, the trial of cases before theSandiganbayan once commenced shall be continuos until terminated and the judgment shall be rendered withinthree (3) months from the date the case was submitted for decision.

Section 7.Form, finality and enforcement of decisions.Decisions and final orders of the Sandiganbayan shall

contain complete findings of facts on all issues properly raised before it.

A petition for reconsideration of any final order or decision maybe filed within (15) days from promulgation ornotice of the final order or judgment, and such petition for reconsideration shall be decided within thirty (30) daysfrom submission thereon.


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Decisions and final orders shall be subject to review on certiorari by the Supreme Court in accordance with Rule45 of the Rules of Court. The Supreme Court shall decide any case on appeal promptly and without the necessityof placing it upon the regular calendar. Whenever, in any case decided, the death penalty shall have beenimposed, the records shall be forwarded to the Supreme Court, whether the accused shall have appealed or not,for review and judgment, as law and justice shall dictate.

Final judgments and orders of the Sandiganbayan shall be executed and enforced in the manner provided by law.

Section 8.Transfer of cases.As of the date of the effectivity of this decree, any case cognizable by theSandiganbayan within its exclusive jurisdiction where none of the accused has been arraigned shall be transferredto the Sandiganbayan.

Section 9.Rule-making Power.The Sandiganbayan shall have the power to promulgate its own rules ofprocedure and, pending such promulgation, the Rules of Court shall govern its proceedings.

Section 10.Authority over internal affairs.The Sandiganbayan shall administer its own internal affairs and mayadopt such rules governing the constitution of its divisions, the allocation of cases among them, the rotation ofjustices and other matters relating to its business.

Section 11.Proceeding free of charge.All proceedings in the Sandiganbayan shall be conducted at no cost to the

complainant and/or his witnesses.

No criminal information or complaint shall be entertained by the Sandiganbayan except upon a certification by theInvestigating Prosecutor of the existence of a prima facie case to be determined after a preliminary investigationconducted in accordance with applicable laws and approved by the Chief Special Prosecutor.

Section 12.Administrative personnel.The Sandiganbayan shall reelect and appoint such personnel as it maydeem necessary to discharge its functions under this Decree including a Clerk of Court and three (3) DeputyClerks of Court who shall be members of the Bar.

The Clerk of Court shall have an annual compensation of P36,000.00 and the Deputy Clerks of Court,P30,000.00.

All other subordinate employees of the Sandiganbayan shall be governed by the provisions of the Civil ServiceLaw; Provided, that the Sandiganbayan may, by resolution en banc, remove any of them for cause.

Section 13.Report to the President.The Sandiganbayan shall submit an annual report to the President, including

all disbursements of funds entrusted to it, within two months from the end of the Fiscal Year.

Section 14.Funding.There is hereby immediately appropriated the sum of Five Million Pesos (P5,000.00) out ofany funds in the National Treasury to carry out the provisions of this Decree and thereafter to be included in thegeneral appropriations act. The appropriations for the Sandiganbayan shall be automatically released inaccordance with a schedule submitted by the Sandiganbayan.

Section 15.Separability of Provisions.If for any reason, any section or provision of this Decree is declared to beunconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall continue in fullforce and effect.

Section 16.Repealing Clause.This Decree hereby repeals Presidential Decree No. 1486 and all other provisionsof law, General Orders, Presidential Decrees, Letters of Instructions, rules or regulations inconsistent herewith.

Section 17.Effectivity.This Decree shall take effect immediately.

Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and seventy-eight.

RULES OF THE SANDIGANBAYAN


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Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the Philippines, as implemented byPresidential Decree No. 1606, the Sandiganbayan hereby adopts and promulgates the following rules to governthe conduct of its business.

RULE ITITLE AND CONSTRUCTION

Section 1.Title of the Rules.These Rules shall be known and cited as the Rules of the Sandiganbayan.

Section 2.Construction.These Rules shall be liberally construed in order to promote their objectives and toachieve a just, expeditious and inexpensive determination of every action and proceeding before theSandiganbayan.

RULE II

CONTROL OF FUNCTIONS AND SUCCESSION

Section 1.Exclusive Control.Except as otherwise provided by the Constitution and Presidential Decree No. 1606,the Sandiganbayan shall have exclusive control, direction and supervision of all matters pertaining to its internalaffairs and the operation of its business.

Section 2.Succession in the Office of the Presiding Justice.In case of vacancy in the position of PresidingJustice of the Sandiganbayan or his temporary incapacity to exercise the powers and perform the duties of hisoffice, the same shall devolve upon the qualified most senior Associate Justices until such incapacity is removedor another Presiding Justice is appointed and has duly qualified.

RULE III

COMPOSITION OF DIVISIONS

Section 1.How Divisions Constituted.The Sandiganbayan shall consist of three divisions which shall be known

as the First Division, Second Division, and Third Division, and shall each be composed of Presiding Justice and

the first two Associate Justices in the order of precedence as the respective Chairmen; the next three AssociateJustices in the order of precedence as the respective senior members; and the last three Associate Justices in theorder of precedence as the respective junior members. However, until the entire complement of theSandiganbayan shall have been appointed and qualified, the Presiding justice and the two Associate Justices firstappointed and qualified shall constitute the First Division.

Section 2.Vacancy; How Filled.In case of any vacancy in the composition of a division, whether permanent ortemporary, the Presiding Justice may designate an Associate Justice of the Court, to be determined by strictrotation on the basis of the reverse order of precedence, to sit as a special member of said division with all therights and prerogatives of a regular member of said division in the trial and determination of cases assignedthereto, unless the operation of the other divisions of the Court will be prejudiced thereby, in which case, theprocedure provided in Section 3, Rule VIII of these Rules shall apply.

RULE IVFILING OF CASES

Section 1.Proceedings Free of Charge.All proceedings in the Sandiganbayan be conducted at no cost to thecomplainant and/or his witnesses.

Section 2.Preliminary Investigation Necessary.No criminal information or complaint shall be entertained by theSandiganbayan except upon a certification by the investigating Prosecutor of the existence of a prima facie caseto be determined after a preliminary investigation conducted in accordance with applicable laws and approved bythe Chief Special Prosecutor.

Section 3.Where Cases Filed.All cases to be filed with the Sandiganbayan shall be filed with the Office of theClerk of Court of the Sandiganbayan which shall be open for the purpose of receiving complaints, information,motions and the like from eight to twelve o'clock in the morning and twelve thirty to four-thirty o'clock in theafternoon, on Mondays to Fridays, except on public or special holidays.


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RULE VDISTRIBUTION AND CONSOLIDATION OF CASES

Section 1.Distribution of Cases.All cases filed with the Sandiganbayan shall be allotted among the threedivisions for hearing and decision by raffle to be conducted by a Raffle Committee composed of the PresidingJustice and the two most senior Associate Justices available, on such days as may hereafter be fixed by thePresiding Justice depending upon the need for such raffle to be made in view of the number of cases filed, withnotice to the interested parties who may, if they so desire, be present therein by themselves or through counsel.

Section 2.Consolidation of Cases.Cases arising from the same incident on series of incidents, or involvingcommon questions of fact and law, may, in the discretion of Sandiganbayan, be consolidated in only one division.Should the propriety of such consolidation appear upon the filing of the cases concerned and before they areraffled, all such cases shall be considered as one case for purposes of the raffle; but, should the propriety of suchconsolidation may be affected upon motion of an interested party filed with the division taking cognizance of thecase to be consolidated and, if granted, consolidation shall be made in the division before which the case with thelowest number is pending. In either case, the division in which consolidation is effected shall be entitled to becredited in the distribution of cases with the same number of cases transferred to it to the end that all divisionsshall, as much as possible, receive more or less the same number of cases filed with the Sandiganbayan.

Section 3.Assignment of Cases Permanent.Cases assigned to a division of the Sandiganbayan in accordancewith these Rules shall remain with said division notwithstanding changes in the composition thereof and allmatters raised therein shall be deemed to be submitted for consideration and adjudication by any and all of theJustices who are members of the division aforesaid at the time said matters are taken up, irrespective of whetherthey were or were not members of the division at the time the case was first assigned thereto: Provided, however,That only Justices who are members of the division at the time a case is submitted for decision shall take part inthe consideration and adjudication of said case, unless any such member thereafter ceases to be a member ofthe Sandiganbayan for any reason whatsoever in which case any Justice chosen to fill the vacancy in accordancewith the manner provided in Section 2, Rule III, of these Rules shall participate in the consideration andadjudication of said case; Provided, lastly, that the Sandiganbayan en banc may, for special or compellingreasons, transfer cases from one division thereof to another.

RULE VIPROCESSES

Processes and writs of the Sandiganbayan which by their nature or by provision of existing laws or the Rules ofCourt are to be issued under the signature of a Judge or a Justice shall be signed by the Chairman of the divisionconcerned: Provided, That if there is an urgent necessity for the issuance thereof before the case is raffled to adivision, the same shall be signed by the Presiding Justice. In the absence of the Presiding Justice or theChairman aforesaid, the process or writ shall be signed by the senior Associate Justice in the Sandiganbayan orin the divisions concerned, respectively. All other processes or writs issued upon authority of the Sandiganbayanor a division thereof shall be signed by the Clerk of Court or, in his absence, by the Deputy Clerk of Court of thedivision concerned.

RULE VIIBAIL

Section 1.How Amount Fixed; Approval.The amount of bail to be posted in cases in the Sandiganbayan shall be

fixed by the Chairman of the division thereof to which they are assigned; and such bail may be approved by anyJustice of the Sandiganbayan, but preferably by a Justice of the division concerned: Provided, however, Thatwhere the accused is arrested, detained or otherwise placed in custody outside the Metropolitan Manila area, anyjudge of the Court of First Instance or Circuit Criminal Court may accept and approve the bail for his appearancebefore the division to which his case is assigned and release him, and shall inform the division issuing the order ofarrest of his action, forwarding thereto the papers in this case.

Section 2.Condition of the Bail.The condition of the bail is that the accused shall appear and answer thecomplaint or information in the division of the Sandiganbayan to which it is assigned or transferred for trial andsubmit himself to the orders and processes thereof and, after conviction, if the case is appealed to the Supreme

Court, that he will surrender himself for the execution of such judgment as the Supreme Court may render; or,that, in case the cause is to be tried anew or remanded for a new trial, he will appear in the division to which itmay be remanded and submit himself to the orders and processes thereof.


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RULE VIIISESSIONS AND TRIAL

Section 1.How Sessions Held.The Sandiganbayan shall for administrative purposes, sit en banc; and, for thetrial and determination of cases, sit in three divisions of three Justices each. The three divisions may sit at thesame time.

Section 2.Presiding Officer.Sessions of the Sandiganbayan en banc shall be presided by the Presiding Justice;

whereas sessions in division shall be presided by the respective Chairman of each division. In the absence of thePresiding Justice or the Chairman of a division, as the case may be, the Associate Justice attending the sessionen banc or in division who is first in the order of precedence and able to preside, shall do so.

Section 3.Quorum.Five Justices shall constitute a quorum for sessions en banc, and three Justices for sessionsin division: Provided, That when a quorum and/or the votes required for a resolution or decision of theSandiganbayan, either en banc or in division, or the trial or hearing of cases cannot be had due to the legaldisqualification or temporary disability of a Justice or of a vacancy occurring therein, the President shall, uponrecommendation of the Presiding Justice, designate any Justice of the Court of Appeals, Judge of the Court ofFirst Instance or of the Circuit Criminal Court to sit temporarily therein.

Section 4.Place of Holding Sessions.Sessions of the Sandiganbayan, whether en banc or in division, shall beheld in the place of its principal office in the Metropolitan Manila area where it shall try and determine all casesfiled with it irrespective of the place where they may have arisen: Provided, however, That the Presiding Justicemay authorize any division or divisions of the Court to hold sessions at any time and place outside MetropolitanManila to hear and decide cases emanating therefrom. For this purpose and whenever necessary, theSandiganbayan may require the services of the personnel and the use of the facilities of any agency of theGovernment, national or local, including the Courts of First Instance or Circuit Criminal Court of the province orcity where any of the divisions is holding session, and those personnel of such agencies or courts shall be subjectto the orders of the Sandiganbayan.

Section 5.Time of Holding Sessions.Sessions of the Sandiganbayan en banc may be called at any time by thePresiding Justice or at the instance at least five Associate Justices. Sessions for the trial of cases cognizable by itshall be held on such days and at such times as the divisions thereof may, by order and upon notice to the partiesconcerned, fix.

Section 6.Pre-trial Inquest.After the arraignment of an accused who pleads not guilty, the division concernedshall, without prejudice to the invocation by the accused of his constitutional rights, direct the prosecutor and theaccused and his counsel to appear before any of the Justices thereof for a conference to consider;

(a) Admissions of facts about which there can be no dispute;

(b) Marking for identification of documentary or real evidence of the parties;

(c) Waiver of objections to admissibility of evidence;

(d) Procedure on objections where there are multiple counsel;

(e) Order of presentation of evidence and arguments where there are multiple accused;

(f) Order of cross-examination where there are multiple accused; and

(g) Such other matter as will promote a fair and expeditious termination of the trial.

After the pre-trial inquest, a pre-trial order shall be issued by the Associate Justice presiding the conferencereciting the actions and/or proceedings taken thereat, the admissions of facts made, the documents and realevidence marked, and the agreement entered into by the parties as to any of the matters taken up therein. Suchorder shall limit the issues for trial to those not disposed of by the admissions or agreements of the parties and

when entered shall blind the parties and control the course of the action during the trial, on appeal, and in post-conviction proceedings, unless modified by the division concerned before trial to prevent manifest injustice.

RULE IXMOTIONS


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Section 1.Motion Day.The first hours of the morning session of the divisions every Friday shall be devoted to thehearing of motions, unless, upon motion of an interested party and for special reasons, the division concernedshall fix another day for the hearing of any particular motion.

Section 2.Resolution on Interlocutory or Incidental Motions.Rulings on all written motions submitted to theSandiganbayan or any division thereof for resolution shall be reached in consultation among the Justicesparticipating in the consideration thereof: Provided, however, That rulings on oral motions or on objections madein the course of the trial or hearing shall be handed down by the Chairman of the division concerned.

RULE XJUDGMENT

Section 1.Votes Necessary to Decide.The unanimous vote of three Justices in a division shall be necessary forthe rendition of a judgment or order. In the event that the three Justices do not reach a unanimous vote, thePresiding Justice shall designated by raffle two Justices from among the other members of the Sandiganbayan tosit temporarily with them forming a special division of five Justices, and the vote of a majority of such specialdivision shall be necessary for the rendition of a judgment or order.

Section 2.Procedure in Deciding Cases.The conclusions of a division of the Sandiganbayan in any casesubmitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writingof the opinion of the division. Any Justice dissenting from a judgment shall state the reasons for his dissent.

Section 3.Maximum Period to Decide Cases.The judgment or final order of a division of the Sandiganbayanshall be rendered within three (3) months from the date the case was submitted for decision.

Section 4.Form of judgment and final order of a division of the Sandiganbayan shall contain complete findings offact and a statement of the law on all issues properly raised before it.

RULE XIPROMULGATION OF JUDGMENT

A judgment of a division of the Sandiganbayan shall be promulgated by reading the judgment or sentence in the

presence of the accused and any Justice of the division which rendered the same: Provided, That, if the accusedis confined or detained in a place outside Metropolitan Manila or of the city or province in which any division of theSandiganbayan is sitting at the time of such promulgation, the judgment may, upon delegation by the divisionconcerned be promulgated by any judge of the Court of First Instance or Circuit Criminal Court having jurisdictionover the place of confinement or detention, in which event the Court so promulgating the judgment shall haveauthority to accept and approve the appeal bond.

RULE XIIPETITION FOR RECONSIDERATION

Within fifteen (15) days from the promulgation or notice of a judgment or final order of a division of theSandiganbayan, unless said judgment or order had in the meantime otherwise attained finality, a petition for the

reconsideration thereof may be filed upon the grounds, in the form and subject to the requirements, for motions fornew trial in criminal cases under Rule 121 of the Rules of Court, and such petition for reconsideration shall bedecided within thirty (30 days from submission thereof.

RULE XIIIREVIEW OF JUDGMENTS AND FINAL ORDERS

Section 1.Method of Review.A party may appeal from a judgment or final order of a division of theSandiganbayan by filing with the Supreme Court a petition for certiorari in accordance with Rule 45 of Rules ofCourt and by serving a copy thereof to the Sandiganbayan.

Whenever, in any case decided, the death penalty shall have been imposed, the records shall be forwarded to the

Supreme Court, whether the accused shall have appealed or not, for review and judgment, as law and justiceshall dictate.

Section 2.Bail Pending Appeal.An accused who has been released on bail shall not committed to jail uponconviction pending the expiration of the period for appeal or pending an appeal seasonably taken, except when


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the penalty imposed is reclusion perpetua or death, in which case, the accused may forthwith be committed to jailafter promulgation of the sentence. The division of the Sandiganbayan concerned, however, may, for good cause,cancel the bond or increase the amount of bail and commit the accused into custody pending appeal, unless hegives bail in the increased amount. The surely shall also be responsible for the surrender or the accused afterjudgment shall have become final.

RULE XIVPUBLICATION OF DECISIONS

With the consent of the respective writers thereof, the decisions of the Sandiganbayan may be published in theOfficial Gazette in the language in which they have been originally written. The syllabi for the decisions shall beprepared by the Clerk of Court in consultation with writers thereof.

RULE XVAPPLICABILITY OF THE RULES OF COURT

Except as otherwise herein provided or as may hereafter be modified from time to time by the Sandiganbayan andinsofar as practicable, the Rules of Court shall govern proceedings in the Sandiganbayan.

RULE XVI

SEAL OF THE SANDIGANBAYAN

The seal of the Sandiganbayan shall be of standard size, circular in form, consisting of two concentric circles as itsmargin, with the inscription, running from left to right, on the upper margin of the word "Sandiganbayan" and onthe lower margin of the words "Republika ng Pilipinas"; with 16 stars, representing the existing 16 judicial districts,immediately along the outer edge of the inner circle; and with a design at the center of a triangle, with a trisectedarea composed of the national colors of white on its upper part, blue on the left and red on the right, with thewords "KATAPATAN" on the right side, "KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; astar in each corner of the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle onwhich is superimposed a balance.

RULE XVII

SEPARABILITY CLAUSE

If, for any reason, any section or provision of these Rules shall be held to be unconstitutional or invalid, no othersection or provision thereof shall be effected thereby.

RULE XVIIIEFFECTIVITY

The Rules shall take effect upon approval.

Done in the City of Manila, this 10th day of January, in the year of Our Lord, nineteen hundred and seventy-nine.


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Republic Act No. 6770 November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THEOMBUDSMAN, 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 Ombudsm an Act of 1989".

Section 2. Declarat ion o f Pol icy.The State shall maintain honesty and integrity in the public service and takepositive 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, servethem with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.

Section 3. Off ice of the Ombud sman.The Office of the Ombudsman shall include the Office of the OverallDeputy, the Office of the Deputy for Luzon, the Office of the Deputy for the Visayas, the Office of the Deputy forMindanao, the Office of the Deputy for the Armed Forces, and the Office of the Special Prosecutor. The Presidentmay appoint other Deputies as the necessity for it may arise, as recommended by the Ombudsman.

Section 4. Appointment.The Ombudsman and his Deputies, including the Special Prosecutor, shall beappointed by the President from a list of at least twenty-one (21) nominees prepared by the Judicial and BarCouncil, and from a list of three (3) nominees for each vacancy thereafter, which shall be filled within three (3)months after it occurs, each of which list shall be published in a newspaper of general circulation.

In the organization of the Office of the Ombudsman for filling up of positions therein, regional, cultural or ethnicconsiderations shall be taken into account to the end that the Office shall be as much as possible representativeof the regional, ethnic and cultural make-up of the Filipino nation.

Section 5. Quali f icat ions.The Ombudsman and his Deputies, including the Special Prosecutor, shall benatural-born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence,members of the Philippine Bar, and must not have been candidates for any elective national or local office in the

immediately preceding election whether regular or special. The Ombudsman must have, for ten (10) years ormore, been a judge or engaged in the practice of law in the Philippines.

Section 6. Rank and Salary.The Ombudsman and his Deputies shall have the same ranks, salaries andprivileges as the Chairman and members, respectively, of a Constitutional Commission. Their salaries shall not bedecreased during their term of office.

The members of the prosecution, investigation and legal staff of the Office of the Ombudsman shall receivesalaries which shall not be less than those given to comparable positions in any office in the Government.

Section 7. Term of Off ice.The Ombudsman and his Deputies, including the Special Prosecutor, shall servefor a term of seven (7) years without reappointment.

Section 8. Removal; Fi l l ing of Vacancy.

(1) In accordance with the provisions of Article XI of the Constitution, the Ombudsman may be removedfrom office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery,graft and corruption, other high crimes, or betrayal of public trust.

(2) A Deputy or the Special Prosecutor, may be removed from office by the President for any of thegrounds provided for the removal of the Ombudsman, and after due process.

(3) In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanentdisability of the incumbent Ombudsman, the Overall Deputy shall serve as Acting Ombudsman in aconcurrent capacity until a new Ombudsman shall have been appointed for a full term.n case the OverallDeputy cannot assume the role of Acting Ombudsman, the President may designate any of the Deputies,or the Special Prosecutor, as Acting Ombudsman.


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(4) In case of temporary absence or disability of the Ombudsman, the Overall Deputy shall perform theduties of the Ombudsman until the Ombudsman returns or is able to perform his duties.

Section 9. Prohibi t ions and Disqu al if icat ions.The Ombudsman, his Deputies and the Special Prosecutorshall not, during their tenure, hold any other office or employment. They shall not, during said tenure, directly orindirectly practice any other profession, participate in any business, or be financially interested in any contractwith, or in any franchise, or special privilege granted by the Government or any subdivision, agency orinstrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shallstrictly avoid conflict of interest in the conduct of their office. They shall not be qualified to run for any office in theelection immediately following their cessation from office. They shall not be allowed to appear or practice beforethe Ombudsman for two (2) years following their cessation from office.

No spouse or relative by consanguinity or affinity within the fourth civil degree and no law, business orprofessional partner or associate of the Ombudsman, his Deputies or Special Prosecutor within one (1) yearpreceding the appointment may appear as counsel or agent on any matter pending before the Office of theOmbudsman or transact business directly or indirectly therewith.

This disqualification shall apply during the tenure of the official concerned. This disqualification likewise extends tothe law, business or professional firm for the same period.

Section 10. Disclosure of Relat ionship.It shall be the duty of the Ombudsman, his Deputies, including the

Special Prosecutor to make under oath, to the best of their knowledge and/or information, a public disclosure ofthe identities of, and their relationship with the persons referred to in the preceding section.

The disclosure shall be filed with the Office of the President and the Office of the Ombudsman before theappointee assumes office and every year thereafter. The disclosures made pursuant to this section shall form partof the public records and shall be available to any person or entity upon request.

Section 11. Structural Organizat ion.The authority and responsibility for the exercise of the mandate of theOffice of the Ombudsman and for the discharge of its powers and functions shall be vested in the Ombudsman,who shall have supervision and control of the said office.

(1) The Office of the Ombudsman may organize such directorates for administration and allied services asmay be necessary for the effective discharge of its functions. Those appointed as directors or heads shallhave the rank and salary of line bureau directors.

(2) The Office of the Overall Deputy shall oversee and administer the operations of the different officesunder the Office of Ombudsman.t shall likewise perform such other functions and duties assigned to it bythe Ombudsman.

(3) The Office of the Special Prosecutor shall be composed of the Special Prosecutor and his prosecutionstaff. The Office of the Special Prosecutor shall be an organic component of the Office of the Ombudsmanand shall be under the supervision and control of the Ombudsman.

(4) The Office of the Special Prosecutor shall, under the supervision and control and upon the authority ofthe Ombudsman, have the following powers:

(a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of theSandiganbayan;

(b) To enter into plea bargaining agreements; and

(c) To perform such other duties assigned to it by the Ombudsman.

The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman.

(5) The position structure and staffing pattern of the Office of the Ombudsman, including the Office of theSpecial Prosecutor, shall be approved and prescribed by the Ombudsman. The Ombudsman shall appointall officers and employees of the Office of the Ombudsman, including those of the Office of the SpecialProsecutor, in accordance with the Civil Service Law, rules and regulations.


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Section 12. Official Station s.The Ombudsman, the Overall Deputy, the Deputy for Luzon, and the Deputy forthe Armed Forces shall hold office in Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and theDeputy for Mindanao, in Davao City. The Ombudsman may transfer their stations within their respectivegeographical regions, as public interest may require.

Section 13. Mandate.The Ombudsman and his Deputies, as protectors of the people, shall act promptly oncomplaints 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 theiradministrative, civil and criminal liability in every case where the evidence warrants in order to promote efficientservice by the Government to the people.

Section 14. Restr ict ions.No writ of injunction shall be issued by any court to delay an investigation beingconducted by the Ombudsman under this Act, unless there is a prima facie evidence that the subject matter of theinvestigation is outside the jurisdiction of the Office of the Ombudsman.

No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman,except the Supreme Court, on pure question of law.

Section 15. Powers, Funct ions and Duties.The Office of the Ombudsman shall have the following powers,functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any publicofficer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper orinefficient.t has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise ofthis primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, theinvestigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of anysubdivision, agency or instrumentality thereof, as well as any government-owned or controlledcorporations with original charter, to perform and expedite any act or duty required by law, or to stop,prevent, and correct any abuse or impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate action against a public officer or employee at fault orwho neglect to perform an act or discharge a duty required by law, and recommend his removal,suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce itsdisciplinary authority as provided in Section 21 of this Act: provided, that the refusal by any officer withoutjust cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, orprosecute an officer or employee who is at fault or who neglects to perform an act or discharge a dutyrequired by law shall be a ground for disciplinary action against said officer;

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may providein its rules of procedure, to furnish it with copies of documents relating to contracts or transactions enteredinto by his office involving the disbursement or use of public funds or properties, and report any irregularityto the Commission on Audit for appropriate action;

(5) Request any government agency for assistance and information necessary in the discharge of itsresponsibilities, and to examine, if necessary, pertinent records and documents;

(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and(4) hereof, when circumstances so warrant and with due prudence: provided, that the Ombudsman underits rules and regulations may determine what cases may not be made public: provided, further, that anypublicity issued by the Ombudsman shall be balanced, fair and true;

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in theGovernment, and make recommendations for their elimination and the observance of high standards ofethics and efficiency;

(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigationor inquiry, including the power to examine and have access to bank accounts and records;


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(9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with thesame penalties provided therein;

(10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensurethe effective exercise or performance of the powers, functions, and duties herein or hereinafter provided;

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealthamassed after February 25, 1986 and the prosecution of the parties involved therein.

The Ombudsman shall give priority to complaints filed against high ranking government officials and/or thoseoccupying supervisory positions, complaints involving grave offenses as well as complaints involving large sumsof money and/or properties.

Section 16. Appl icabi l i ty.The provisions of this Act shall apply to all kinds of malfeasance, misfeasance, andnon-feasance that have been committed by any officer or employee as mentioned in Section 13 hereof, during histenure of office.

Section 17. Immunit ies.In all hearings, inquiries, and proceedings of the Ombudsman, including preliminary

investigations of offenses, nor person subpoenaed to testify as a witness shall be excused from attending andtestifying or from producing books, papers, correspondence, memoranda and/or other records on the ground that

the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject himto prosecution: provided, that no person shall be prosecuted criminally for or on account of any matter concerningwhich he is compelled, after having claimed the privilege against self-incrimination, to testify and produceevidence, documentary or otherwise.

Under such terms and conditions as it may determine, taking into account the pertinent provisions of the Rules ofCourt, the Ombudsman may grant immunity from criminal prosecution to any person whose testimony or whosepossession and production of documents or other evidence may be necessary to determine the truth in anyhearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the performance or inthe furtherance of its constitutional functions and statutory objectives. The immunity granted under this and theimmediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or falsetestimony nor shall he be exempt from demotion or removal from office.

Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment for contemptand removal of the immunity from criminal prosecution.

Section 18. Rules of Procedure.

(1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective exercise orperformance of its powers, functions, and duties.

(2) The rules of procedure shall include a provision whereby the Rules of Court are made suppletory.

(3) The rules shall take effect after fifteen (15) days following the completion of their publication in the

Official Gazette or in three (3) newspapers of general circulation in the Philippines, one of which is printedin the national language.

Section 19. Adm inistrat ive Comp laints.The Ombudsman shall act on all complaints relating, but not limitedto acts or omissions which:

(1) Are contrary to law or regulation;

(2) Are unreasonable, unfair, oppressive or discriminatory;

(3) Are inconsistent with the general course of an agency's functions, though in accordance with law;

(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;

(5) Are in the exercise of discretionary powers but for an improper purpose; or


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(6) Are otherwise irregular, immoral or devoid of justification.

Section 20. Except ions.The Office of the Ombudsman may not conduct the necessary investigation of anyadministrative act or omission complained of if it believes that:

(1) The complainant has an adequate remedy in another judicial or quasi-judicial body;

(2) The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman;

(3) The complaint is trivial, frivolous, vexatious or made in bad faith;

(4) The complainant has no sufficient personal interest in the subject matter of the grievance; or

(5) The complaint was filed after one (1) year from the occurrence of the act or omission complained of.

Section 21. Off ic ial Subject to Discipl inary Auth ori ty; Except ions.The Office of the Ombudsman shallhave disciplinary authority over all elective and appointive officials of the Government and its subdivisions,instrumentalities and agencies, including Members of the Cabinet, local government, government-owned orcontrolled corporations and their subsidiaries, except over officials who may be removed only by impeachment orover Members of Congress, and the Judiciary.

Section 22. Invest igatory Power.The Office of the Ombudsman shall have the power to investigate anyserious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing averified complaint for impeachment, if warranted.

In all cases of conspiracy between an officer or employee of the government and a private person, theOmbudsman and his Deputies shall have jurisdiction to include such private person in the investigation andproceed against such private person as the evidence may warrant. The officer or employee and the private personshall be tried jointly and shall be subject to the same penalties and liabilities.

Section 23. Formal Invest igat ion.

(1) Administrative investigations conducted by the Office of the Ombudsman shall be in accordance withits rules of procedure and consistent with due process.

(2) At its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinaryauthority for the institution of appropriate administrative proceedings against erring public officers oremployees, which shall be determined within the period prescribed in the civil service law. Any delaywithout just cause in acting on any referral made by the Office of the Ombudsman shall be a ground foradministrative action against the officers or employees to whom such referrals are addressed and shallconstitute a graft offense punishable by a fine of not exceeding Five thousand pesos (P5,000.00).

(3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the premises of anyoffice, agency, commission or tribunal; (b) examine and have access to any book, record, file, documentor paper; and (c) hold private hearings with both the complaining individual and the official concerned.

Section 24. Prevent ives Su spension.The Ombudsman or his Deputy may preventively suspend any officeror employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a)the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in theperformance of duty; (b) the charges would warrant removal from the service; or (c) the respondent's continuedstay in office may prejudice the case filed against him.

The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but notmore than six (6) months, without pay, except when the delay in the disposition of the case by the Office of theOmbudsman is due to the fault, negligence or petition of the respondent, in which case the period of such delayshall not be counted in computing the period of suspension herein provided.

Section 25. Penalties.

(1) In administrative proceedings under Presidential Decree No. 807, the penalties and rules providedtherein shall be applied.


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(2) In other administrative proceedings, the penalty ranging from suspension without pay for one (1) yearto dismissal with forfeiture of benefits or a fine ranging from Five thousand pesos (P5,000.00) to twice theamount malversed, illegally taken or lost, or both at the discretion of the Ombudsman, taking intoconsideration circumstances that mitigate or aggravate the liability of the officer or employee found guiltyof the complaint or charges.

Section 26. Inquiries.

(1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer, employee, officeor agency which, from the reports or complaints it has received, the Ombudsman or his Deputies considerto be:

(a) contrary to law or regulation;

(b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course of theoperations and functions of a public officer, employee, office or agency;

(c) an error in the application or interpretation of law, rules or regulations, or a gross or palpableerror in the appreciation of facts;

(d) based on improper motives or corrupt considerations;

(e) unclear or inadequately explained when reasons should have been revealed; or

(f) inefficient performed or otherwise objectionable.

(2) The Officer of the Ombudsman shall receive complaints from any source in whatever form concerningan official act or omission.t shall act on the complaint immediately and if it finds the same entirelybaseless, it shall dismiss the same and inform the complainant of such dismissal citing the reasonstherefor.f it finds a reasonable ground to investigate further, it shall first furnish the respondent publicofficer or employee with a summary of the complaint and require him to submit a written answer withinseventy-two (72) hours from receipt thereof.f the answer is found satisfactory, it shall dismiss the case.

(3) When the complaint consists in delay or refusal to perform a duty required by law, or when urgentaction is necessary to protect or preserve the rights of the complainant, the Office of the Ombudsman shalltake steps or measures and issue such orders directing the officer, employee, office or agency concernedto:

(a) expedite the performance of duty;

(b) cease or desist from the performance of a prejudicial act;

(c) correct the omission;

(d) explain fully the administrative act in question; or

(e) take any other steps as may be necessary under the circumstances to protect and preserve therights of the complainant.

(4) Any delay or refusal to comply with the referral or directive of the Ombudsman or any of his Deputies,shall constitute a ground for administrative disciplinary action against the officer or employee to whom itwas addressed.

Section 27. Effect iv ity and Finali ty of Decision s.(1) All provisionary orders of the Office of the Ombudsmanare immediately effective and executory.

A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filedwithin five (5) days after receipt of written notice and shall be entertained only on any of the following grounds:

(1) New evidence has been discovered which materially affects the order, directive or decision;


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(2) Errors of law or irregularities have been committed prejudicial to the interest of the movant. The motionfor reconsideration shall be resolved within three (3) days from filing: provided, that only one motion forreconsideration shall be entertained.

Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are conclusive. Anyorder, directive or decision imposing the penalty of public censure or reprimand, suspension of not more than one(1) month's salary shall be final and unappealable.

In all administrative disciplinary cases, orders, directives, or decisions of the Office of the Ombudsman may beappealed to the Supreme Court by filing a petition for certiorari within ten (10) days from receipt of the writtennotice of the order, directive or decision or denial of the motion for reconsideration in accordance with Rule 45 ofthe Rules of Court.

The above rules may be amended or modified by the Office of the Ombudsman as the interest of justice mayrequire.

Section 28. Invest igat ion in Mun icipal it ies, Cit ies and Provinces.The Office of the Ombudsman mayestablish offices in municipalities, cities and provinces outside Metropolitan Manila, under the immediatesupervision of the Deputies for Luzon, Visayas and Mindanao, where necessary as determined by theOmbudsman. The investigation of complaints may be assigned to the regional or sectoral deputy concerned or toa special investigator who shall proceed in accordance with the rules or special instructions or directives of theOffice of the Ombudsman. Pending investigation the deputy or investigator may issue orders and provisionalremedies which are immediately executory subject to review by the Ombudsman. Within three (3) days afterconcluding the investigation, the deputy or investigator shall transmit, together with the entire records of the case,his report and conclusions to the Office of the Ombudsman. Within five (5) days after receipt of said report, theOmbudsman shall render the appropriate order, directive or decision.

Section 29. Change of Unjust Laws.If the Ombudsman believes that a law or regulation is unfair or unjust,

he shall recommend to the President and to Congress the necessary changes therein or the repeal thereof.

Section 30. Transmittal /Publ icat ion of Decision.In every case where the Ombudsman has reached a

decision, conclusion or recommendation adverse to a public official or agency, he shall transmit his decision,conclusion, recommendation or suggestion to the head of the department, agency or instrumentality, or of theprovince, city or municipality concerned for such immediate action as may be necessary. When transmitting hisadverse decision, conclusion or recommendation, he shall, unless excused by the agency or official affected,include the substance of any statement the public agency or official may have made to him by way of explainingpast difficulties with or present rejection of the Ombudsman's proposals.

Section 31. Designat ion of Invest igators and Prosecuto rs.The Ombudsman may utilize the personnel ofhis office and/or designate or deputize any fiscal, state prosecutor or lawyer in the government service to act asspecial investigator or prosecutor to assist in the investigation and prosecution of certain cases. Those designatedor deputized to assist him herein provided shall be under his supervision and control.

The Ombudsman and his investigators and prosecutors, whether regular members of his staff or designated by

him as herein provided, shall have authority to administer oaths, to issue subpoena and subpoena duces tecum,to summon and compel witnesses to appear and testify under oath before them and/or bring books, documentsand other things under their control, and to secure the attendance or presence of any absent or recalcitrantwitness through application before the Sandiganbayan or before any inferior or superior court having jurisdiction ofthe place where the witness or evidence is found.

Section 32. Rights and Duties of Witness.

(1) A person required by the Ombudsman to provide the information shall be paid the same fees andtravel allowances as are extended to witnesses whose attendance has been required in the trial courts.Upon request of the witness, the Ombudsman shall also furnish him such security for his person and hisfamily as may be warranted by the circumstances. For this purpose, the Ombudsman may, at its expense,

call upon any police or constabulary unit to provide the said security.

(2) A person who, with or without service or compulsory process, provides oral or documentary informationrequested by the Ombudsman shall be accorded the same privileges and immunities as are extended towitnesses in the courts, and shall likewise be entitled to the assistance of counsel while being questioned.


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(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or refuses to beexamined, or engages in obstructive conduct, the Ombudsman or his Deputy shall issue an order directingthe person to appear before him to show cause why he should not be punished for contempt. Thecontempt proceedings shall be conducted pursuant to the provisions of the Rules of Court.

Section 33. Duty to Render Assistance to the Off ice of the Ombudsm an.Any officer or employee of anydepartment, bureau or off ice, subdivision, agency or instrumentality of the Government, including government-owned or controlled corporations and local governments, when required by the Ombudsman, his Deputy or theSpecial Prosecutor shall render assistance to the Office of the Ombudsman.

Section 34. Ann ual Report.The Office of the Ombudsman shall render an annual report of its activities andperformance to the President and to Congress to be submitted within thirty (30) days from the start of the regularsession of Congress.

Section 35. Malicious Prosecut ion.Any person who, actuated by malice or gross bad faith, files a completelyunwarranted or false complaint against any government official or employee shall be subject to a penalty of one(1) month and one (1) day to six (6) months imprisonment and a fine not exceeding Five thousand pesos(P5,000.00).

Section 36. Penalt ies for Obstru ct ion.Any person who willfully obstructs or hinders the proper exercise ofthe functions of the Office of the Ombudsman or who willfully misleads or attempts to mislead the Ombudsman,his Deputies and the Special Prosecutor in replying to their inquiries shall be punished by a fine of not exceedingFive thousand pesos (P5,000.00).

Section 37. Franking Privi lege.All official mail matters and telegrams of the Ombudsman addressed fordelivery within the Philippines shall be received, transmitted, and delivered free of charge: provided, that such mailmatters when addressed to private persons or nongovernment offices shall not exceed one hundred and twenty(120) grams. All mail matters and telegrams sent through government telegraph facilities containing complaints tothe Office of the Ombudsman shall be transmitted free of charge, provided that the telegram shall contain notmore than one hundred fifty (150) words.

Section 38. Fiscal Autonom y.The Office of the Ombudsman shall enjoy fiscal autonomy. Appropriations forthe Office of the Ombudsman may not be reduced below the amount appropriated for the previous years and,after approval, shall be automatically and regularly released.

Section 39. Appropr ia t ions.The appropriation for the Office of the Special Prosecutor in the current GeneralAppropriations Act is hereby transferred to the Office of the Ombudsman. Thereafter, such sums as may benecessary shall be included in the annual General Appropriations Act.

Section 40. Separabil i ty Claus e.If any provision of this Act is held unconstitutional, other provisions not

affected thereby shall remain valid and binding.

Section 41. Repealing Clause.All laws, presidential decrees, letters of instructions, executive orders, rulesand regulations insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may

be.

Section 42. Effectivity.This Act shall take effect after fifteen (15) days following its publication in the Official

Gazette or in three (3) newspapers of general circulation in the Philippines.

Approved: November 17, 1989.


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NUNEZ VS SANDIGANBAYAN

Nuez assails the validity of the PD 1486 creating the Sandiganbayan as amended by PD 1606. He was accused before

the Sandiganbayan of estafa through falsification of public and commercial documents committed in connivance with

his other co-accused, all public officials, in several cases. It is the claim of Nuez that PD1486, as amended, is violative

of the due process, equal protection, and ex post facto clauses of the Constitution. He claims that the Sandiganbayan

proceedings violates Nuezs right toequal protection, becauseappeal as a matter of right became minimized into a

mere matter of discretion;appeal likewise was shrunk and limited only to questions of law, excluding a review of the

facts and trial evidence; and there is only one chance to appeal conviction, by certiorari to the SC, instead of the

traditional two chances; while all other estafa indictees are entitled to appeal as a matter of right covering both law and

facts and to two appellate courts, i.e., first to the CA and thereafter to the SC.

ISSUE: Whether or not the creation of Sandiganbayan violates equal protection insofar as appeals would be

concerned.

HELD: The SC ruled against Nuez. The 1973 Constitution had provided for the creation of a special court that shall

have original jurisdiction over cases involving public officials charged with graft and corruption. The constitutionspecifically makes mention of the creation of a special court, the Sandiganbayan, precisely in response to a problem,

the urgency of which cannot be denied, namely, dishonesty in the public service. It follows that those who may

thereafter be tried by such court ought to have been aware as far back as January 17, 1973, when the present

Constitution came into force, that a different procedure for the accused therein, whether a private citizen as petitioner

is or a public official, is not necessarily offensive to the equal protection clause of the Constitution. Further, the

classification therein set forth met the standard requiring that it must be basedon substantial distinctions which make

real differences; it must be germane to the purposes of the law; it must not be limited to existing conditions only, and

must apply equally to each member of the class. Further still, decisions in the Sandiganbayan are reached by a

unanimous decision from 3 justices - a showing that decisions therein are more conceivably carefully reached than

other trial courts.

GARCIA VS MOJICA

FACTS:

On May 7, 1998, petitioner, in his capacity as Cebu City mayor, signed a contract with F.E. Zuellig for the supply of asphalt to

the city. The contract covers the period 1998-2001,which period was to commence on September 1998 when the first

delivery should have been made by F.E. Zuellig. Sometime in March 1999, news reports came out regarding the alleged

anomalous purchase of asphalt by Cebu City, through the contract signed by petitioner. This prompted the Office of the

Ombudsman (Visayas) to conduct an inquiry into the matter.

Respondent Jesus Rodrigo T. Tagaan, special prosecution officer of the Office of theOmbudsman, was assigned to conduct

the inquiry, docketed as INQ-VIS-99-0132. After his investigation, he recommended that the said inquiry be upgraded to

criminal and administrative cases against petitioner and the other city officials involved. Respondent Arturo C. Mojica,

Deputy Ombudsman for the Visayas, approved this recommendation.

ISSUES: 1.WON Garcia may be held administratively liable.

NO. In a number of cases, we have repeatedly held that a reelected local official may not be heldadministratively accountable for misconduct committed during his prior term of office .[24]The rationale for this

holding is that when the electorate put him back into office, it is presumed that it did so with full knowledge of his lifeand character, including his past misconduct. If, armed with such knowledge, it still reelects him, then such reelection

is considered a condonation of his past misdeeds.

However, in the present case, respondents point out that the contract entered into by petitioner with F.E. Zuellig

was signed just four days before the date of the elections. It was not made an issue during the election, and so the
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electorate could not be said to have voted for petitioner with knowledge of this particular aspect of his life andcharacter.

For his part, petitioner contends that the only conclusive determining factoras regards the peoples thinking onthe matter is an election. On this point, we agree with petitioner. That the people voted for an official with knowledge

of his character is presumed, precisely to eliminate the need to determine, in factual terms, the extent of this

knowledge. Such an undertaking will obviously be impossible. Our rulings on the matter do not distinguish the

precise timing or period when the misconduct was committed, reckoned from the date of the officials reelection,except that it must be prior to said date.

The above ruling in Salalimaapplies to this case. Petitioner cannot anymore be held administratively liable for an

act done during his previous term, that is, his signing of the contract with F.E. Zuellig.

The agreement between petitioner (representing Cebu City) and F.E. Zuellig was perfected on the date the

contract was signed, during petitioners prior term. At that moment, petitioner already acceded to the terms of thecontract, including stipulations now alleged to be prejudicial to the city government. Thus, any culpability petitioner

may have in signing the contract already became extant on the day the contract was signed. It hardly matters that the

deliveries under the contract are supposed to have been made months later.

While petitioner can no longer be held administratively liable for signing the contract with F. E. Zuellig, however,

this should not prejudice the filing of any case other than administrative against petitioner. Our ruling in this case,may not be taken to mean the total exoneration of petitioner for whatever wrongdoing, if any, might have been

committed in signing the subject contract. The ruling now is limited to the question of whether or not he may beheld administrativelyliable therefor, and it is our considered view that he may not.

2. WON the Ombudsman was stripped of its powers by virtue of the LGC.

No. Indeed, there is nothing in the Local Government Code to indicate that it has repealed, whether expressly or

impliedly, the pertinent provisions of the Ombudsman Act. The two statutes on the specific matter in question are not

so inconsistent, let alone irreconcilable, as to compel us to only uphold one and strike down the other. The decision of

the Ombudsman (6 month suspension) will prevail over the LGC (60day suspension) if the evidence of guilt is strong.

* The power to preventively suspend is available not only to the Ombudsman but also to the Deputy Ombudsman.

SEC. 24. Preventive Suspension. The Ombudsman or his Deputy may preventively suspend any officer or

employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong,

Santiago vs. Sandiganbayan

A case for the review the act of the Sandiganbayan, and how far it can go, in ordering the preventive suspension of

petitioner, Mme. Senator Miriam Defensor-Santiago, in connection with pending criminal cases filed against her for

alleged violation of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act.

FACTS

- Employees of the Commission of Immigration and Deportation (CID) filed the case against the petitioner

who was then CID commissioner. The ff are details of the case filed:

o Oct. 17, 1988 Petitioner approved the application for legalization of the stay of certain aliens

who arrived in the Philippines in Jan. 1, 1984, knowing that they are disqualified from the

legalization.

o This violates EO No. 324 which prohibits the legalization of said disqualified aliens

- In view of the said case, the Sandiganbayan issued an order of suspension for 90 days

PROCEDURAL HISTORY

- Pursuant to the information filed with the Sandiganbayan, Presiding Justice Francis E. Garchitorena

issued an order for the arrest of petitioner, fixing the bail at Fifteen Thousand (P15,000.00) Pesos.

Petitioner bailed.


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- May 24, 1991 - petitioner filed, concurrently, a Petition for Certiorariwith Prohibition and Preliminary

Injunction before the Court, docketed G.R. No. 99289-90, seeking to enjoin the Sandiganbayan from

proceeding with case. Court granted, issuing a temporary restraining order.

- Jan. 13, 1992Court lifted the temporary restraining order.

- December 1992 to August 1995new information and testimonies were admitted by the court

- August 22, 1995Petitioner filed opposition to the motion of prosecution to suspend her.

- January 25, 1996 Sandiganbayan resolved to suspend petitioner as senator and from any other

governmental position she may be holding. Her suspension was for 90 days.

ISSUE:

- Whether or not the Sandiganbayan has the authority to suspend a senator

HOLDING/RATIO:

YES. The authority of the Sandiganbayan to order the preventive suspension of an incumbent public official charged with

violation of the provisions of Republic Act No. 3019 has both legal and jurisprudential support.

- Sec. 13 of RA 3019 provides for the suspension and loss of benefits. In Segovia vs. Sandiganbayan, it

was held that treating of the suspensionpendenteliteof an accused public officer may no longer be put at

issue, having been repeatedly upheld by this Court.

- Section 13 of Republic Act No. 3019 does not state that the public officer concerned must be suspended

only in the office where he is alleged to have committed the acts with which he has been charged. Thus, it

has been held that the use of the word office would indicate that it applies to any office which the officer

charged may be holding, and not only the particular office under which he stands accused.

- It is the courts ministerial duty to issue an order of suspension upon the determination of the validity of the

information filed before it.

- The pronouncement, upholding the validity of the information filed against petitioner, behoovedSandiganbayan to

discharge its mandated duty to forthwith issue the order of preventive suspension.

- The order of suspension prescribed by Republic Act No. 3019 is distinct from the power of Congress to discipline its

own ranks under the Constitution which provides that each-

o x xx house may determine the rules of its proceedings, punish its Members for disorderly behavior, and,

with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of

suspension, when imposed, shall not exceed sixty days.

- The suspension contemplated in the above constitutional provision is a punitive measure that is imposed upon

determination by the Senate or the house of Representatives, as the case may be, upon an erring member.

- Section 13 of RA 3019 is not a penalty but a preliminary, preventive measure.

- The court takes jurisdiction when there is a grave abuse of authority and when pertaining to internal affairs

of the Congressit respects the separation of powers unless an infringement of any constitutional provisionis involved.

- Republic Act No. 3019 does not exclude from its coverage the members of Congress, therefore, the

Sandiganbayan had the authority to suspend the petitioner.


20/20

FRANCISCO v. HOUSE OF REPRESENTATIVES 415 SCRA 44

Facts:

On 28 November 2001, the 12th Congress of the House of Representatives adopted and approved the Rules of Procedure in

Impeachment Proceedings, superseding the previous House Impeachment Rules approved by the 11th Congress. On 22 July

2002, the House of Representatives adopted a Resolution, which directed the Committee on Justice "to conduct an

investigation, in aid of legislation, on the manner of disbursements and expenditures by the Chief Justice of the Supreme

Court of the Judiciary Development Fund (JDF). On 2 June 2003, former President Joseph E. Estrada filed an impeachmentcomplaint (first impeachment complaint) against Chief Justice Hilario G. Davide Jr. and seven Associate Justices of the

Supreme Court for "culpable violation of the Constitution, betrayal of the public trust and other high crimes." The complaint

was endorsed by House Representatives, and was referred to the House Committee on Justice on 5 August 2003 in

accordance with Section 3(2) of Article XI of the Constitution. The House Committee on Justice ruled on 13 October 2003 that the

first impeachment complaint was "sufficient in form," but voted to dismiss the same on 22 October 2003 for being insufficient in

substance. Four months and three weeks since the filing of the first complaint or on 23 October 2003, a day after the House

Committee on Justice voted to dismiss it, the second impeachment complaint was filed with the Secretary General of the House

by House Representatives against Chief Justice Hilario G. Davide, Jr., founded on the alleged results of the legislative inquiry

initiated by above-mentioned House Resolution. The second impeachment complaint was accompanied by a "Resolution of

Endorsement/Impeachment" signed by at least 1/3 of all the Members of the House of Representatives. Various petitions for

certiorari, prohibition, and mandamus were filed with the Supreme Court against the House of Representatives, et. al., most of

which petitions contend that the filing of the second impeachment complaint is unconstitutional as it violates the provision ofSection 5 of Article XI of the Constitution that "no impeachment proceedings shall be initiated against the same official more than

once within a period of one year."

Issue: Whether the power of judicial review extends to those arising from impeachment proceedings.

Held: The Court's power of judicial review is conferred on the judicial branch of the government in Section 1, Article VIII of

our present 1987 Constitution. The "moderating power" to "determine the proper allocation of powers" of the different

branches of government and "to direct the course of government along constitutional channels" is inherent in all courts as a

necessary consequence of the judicial power itself, which is "the power of the court to settle actual controversies involving

rights which are legally demandable and enforceable." As indicated in Angara v. Electoral Commission, judicial review is

indeed an integral component of the delicate system of checks and balances which, together with the corollary principle of

separation of powers, forms the bedrock of our republican form of government and insures that its vast powers are utilizedonly for the benefit of the people for which it serves. The separation of powers is a fundamental principle in our system of

government. It obtains not through express provision but by actual division in our Constitution. Each department of the

government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere. But it does not

follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be

absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks

and balances to secure coordination in the workings of the various departments of the government. And the judiciary in

turn, with the Supreme Court as the final arbiter, effectively checks the other departments in the exercise of its power to

determine the law, and hence to declare executive and legislative acts void if violative of the Constitution.

The major difference between the judicial power of the Philippine Supreme Court and that of the U.S. Supreme Court is that

while the power of judicial review is only impliedly granted to the U.S. Supreme Court and is discretionary in nature, thatgranted to the Philippine Supreme Court and lower courts, as expressly provided for in the Constitution, is not just a powerbut also a duty, and it was given an expanded definition to include the power to correct any grave abuse of discretion on thepart of any government branch or instrumentality. There are also glaring distinctions between the U.S. Constitution and the

Philippine Constitution with respect to the power of the House of Representatives over impeachment proceedings. While theU.S. Constitution bestows sole power of impeachment to the House of Representatives without limitation, our Constitution,though vesting in the House of Representatives the exclusive power to initiate impeachment cases, provides for several

limitations to the exercise of such power as embodied in Section 3(2), (3), (4) and (5), Article XI thereof. These limitationsinclude the manner of filing, required vote to impeach, and the one year bar on the impeachment of one and the same official.The people expressed their will when they instituted the above-mentioned safeguards in the Constitution. This shows that the

Constitution did not intend to leave the matter of impeachment to the sole discretion of Congress. Instead, it provided forcertain well-defined limits, or "judicially discoverable standards" for determining the validity of the exercise of suchdiscretion, through the power of judicial review. There is indeed a plethora of cases in which this Court exercised the power

of judicial review over congressional action. Finally, there exists no constitutional basis for the contention that the exercise ofjudicial review over impeachment proceedings would upset the system of checks and balances. Verily, the Constitution is tobe interpreted as a whole and "one section is not to be allowed to defeat another." Both are integral components of thecalibrated system of independence and interdependence that insures that no branch of government act beyond the powers

assigned to it b the Constit tion

Documents

Accountabilty of Public Officer digest