Article 78p. 78

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

other

functions

and

duties

assigned to it by the

Ombudsman.

(3)

The

Office

of

the

Special

Prosecutor shall be

composed

of

the

Special

Prosecutor

and

his

prosecution staff. The Office of the Special Prosecutor

shall be an organic component of the Office of the

Ombudsman and 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 of the

Ombudsman, have the following powers:

(a) To conduct preliminary investigation and prosecute

criminal

cases

within

the

jurisdiction

of

the

Sandiganbayan;

(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 the

Special Prosecutor, shall be approved and prescribed by

the Ombudsman. The Ombudsman shall appoint all

officers

and

employees

of

the

Office

of

the

Ombudsman, including those of the Office of the

Special Prosecutor, in accordance with the Civil Service

Law, rules and regulations.

Section 12. Official Stations . — The Ombudsman, the

Overall Deputy, the Deputy for Luzon, and the Deputy

for the Armed Forces shall hold office in Metropolitan

Manila; the Deputy for the Visayas, in Cebu City; and the

Deputy for Mindanao, in Davao City. The Ombudsman

may

transfer

their

stations

within their respective

geographical regions, as public interest may require.

Section 13. 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 14. Restrictions . — No writ of injunction shall

be issued by any court to delay an investigation being

conducted by the Ombudsman under this Act, unless

there is a prima facie evidence that the subject matter

of the investigation 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, Functions 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 public officer

or

employee,

office or agency, when such act or

omission appears to be illegal, unjust, improper or

inefficient.t

has

primary

jurisdiction

over

cases

cognizable by the Sandiganbayan and, in the exercise

of this primary jurisdiction, it may take over, at any

stage, from any investigatory agency of Government,

the investigation of such cases;

(2) Direct, upon complaint or at its own instance, any

officer or employee of the Government, or of any

subdivision, agency or instrumentality thereof, as well

as any government-owned or controlled corporations

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 or

who 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

its

disciplinary authority as provided in Section 21 of this

Act: provided, that the refusal by any officer without

just cause to comply with an order of the Ombudsman

to remove, suspend, demote, fine, censure, or prosecute

an officer or employee who is at fault or who neglects

to perform an act or discharge a duty required 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 provide

in its rules of procedure, to furnish it with copies of

documents

relating

to

contracts

or

transactions

entered into by his office involving the disbursement or

use of public funds or properties, and report any

irregularity to the Commission on Audit for appropriate

action;

(5) Request any government agency for assistance and

information

necessary

in

the

discharge

of

its

responsibilities, 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 under its

rules and regulations may determine what cases may

not be made public: provided, further, that any publicity

issued by the Ombudsman shall be balanced, fair and

true;

(7) Determine the causes of inefficiency, red tape,

mismanagement,

fraud,

and

corruption

in

the

Government, and make recommendations for their

elimination and the observance of high standards of

ethics and efficiency;

(8) Administer oaths, issue subpoena and subpoena

duces tecum, and take testimony in any investigation

or inquiry, including the power to examine and have

access to bank accounts and records;

(9) Punish for contempt in accordance with the Rules of

Court and under the same procedure and with the

same penalties provided therein;

(10) Delegate to the Deputies, or its investigators or

representatives such authority or duty as shall ensure

the 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

wealth

amassed 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 those

occupying supervisory positions, complaints involving

grave offenses as well as complaints involving large

sums of money and/or properties.

Section 16. Applicability . — The provisions of this Act

shall apply to all kinds of malfeasance, misfeasance, and

non-feasance that have been committed by any officer

or employee as mentioned in Section 13 hereof, during

his tenure of office.

Section 17. Immunities . — 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 and

testifying

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 him to prosecution:

provided, that no person shall be prosecuted criminally

for or on account of any matter concerning which he is

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