Article 77p. 77

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

Done in the City of Manila, this 10th day of December, in

the

year

of

Our

Lord,

nineteen

hundred

and

seventy-eight.

RA No 6770 | Ombudsman Act

November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND

STRUCTURAL ORGANIZATION OF THE OFFICE OF THE

OMBUDSMAN, AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

Section 1. Title . — This Act shall be known as " The

Ombudsman Act of 1989 ".

Section 2. Declaration of Policy . — The State shall

maintain honesty and integrity in the public service

and take positive and effective measures against graft

and corruption.

Public office is a public trust. Public officers and

employees must at all times be accountable to the

people, serve them with utmost responsibility, integrity,

loyalty, efficiency, act with patriotism and justice and

lead modest lives.

Section 3. Office of the Ombudsman . — The Office of

the Ombudsman shall include the Office of the Overall

Deputy, the Office of the Deputy for Luzon, the Office of

the Deputy for the Visayas, the Office of the Deputy for

Mindanao, the Office of the Deputy for the Armed

Forces, and the Office of the Special Prosecutor. The

President may 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 be

appointed by the President from a list of at least

twenty-one (21) nominees prepared by the Judicial and

Bar Council, 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

ethnic considerations shall be taken into account to the

end that the Office shall be as much as possible

representative

of

the regional, ethnic and cultural

make-up of the Filipino nation.

Section 5. Qualifications . — The Ombudsman and his

Deputies, including the Special Prosecutor, shall be

natural-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 or more, 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 and

privileges as the Chairman and members, respectively,

of a Constitutional Commission. Their salaries shall not

be decreased during their term of office.

The members of the prosecution, investigation and

legal staff of the Office of the Ombudsman shall receive

salaries which shall not be less than those given to

comparable positions in any office in the Government.

Section 7. Term of Office . — The Ombudsman and his

Deputies, including the Special Prosecutor, shall serve

for a term of seven (7) years without reappointment.

Section 8. Removal; Filling of Vacancy . —

(1) In accordance with the provisions of Article XI of the

Constitution, the Ombudsman may be removed from

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 the grounds

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

permanent

disability of the incumbent Ombudsman, the Overall

Deputy

shall

serve

as

Acting

Ombudsman

in

a

concurrent capacity until a new Ombudsman shall

have been appointed for a full term.n case the Overall

Deputy cannot assume the role of Acting Ombudsman,

the President may designate any of the Deputies, or the

Special Prosecutor, as Acting Ombudsman.

(4) In case of temporary absence or disability of the

Ombudsman, the Overall Deputy shall perform the

duties

of

the Ombudsman until the Ombudsman

returns or is able to perform his duties.

Section 9. Prohibitions and Disqualifications . — The

Ombudsman, his Deputies and the Special Prosecutor

shall not, during their tenure, hold any other office or

employment. They shall not, during said tenure, directly

or indirectly practice any other profession, participate in

any business, or be financially interested in any contract

with, or in any franchise, or special privilege granted by

the

Government

or

any

subdivision,

agency

or

instrumentality thereof, including government-owned

or controlled corporations or their subsidiaries. They

shall strictly avoid conflict of interest in the conduct of

their office. They shall not be qualified to run for any

office

in

the

election

immediately

following

their

cessation from office. They shall not be allowed to

appear or practice before the 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

or

professional partner or associate of the Ombudsman,

his Deputies or Special Prosecutor within one (1) year

preceding the appointment may appear as counsel or

agent on any matter pending before the Office of the

Ombudsman or transact business directly or indirectly

therewith.

This disqualification shall apply during the tenure of the

official concerned. This disqualification likewise extends

to the law, business or professional firm for the same

period.

Section 10. Disclosure of Relationship . — 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 of the 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 the

appointee assumes office and every year thereafter. The

disclosures made pursuant to this section shall form

part of the public records and shall be available to any

person or entity upon request.

Section 11. Structural Organization . — The authority

and responsibility for the exercise of the mandate of the

Office 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 as

may be necessary for the effective discharge of its

functions. Those appointed as directors or heads shall

have the rank and salary of line bureau directors.

(2) The Office of the Overall Deputy shall oversee and

administer the operations of the different offices under

the Office of Ombudsman.t shall likewise perform such

© Compiled By RGL

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