Article 79p. 79

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

compelled, after having claimed the privilege against

self-incrimination,

to

testify and produce evidence,

documentary or otherwise.

Under such terms and conditions as it may determine,

taking into account the pertinent provisions of the

Rules of Court, the Ombudsman may grant immunity

from

criminal

prosecution

to

any

person

whose

testimony

or whose possession and production of

documents or other evidence may be necessary to

determine

the

truth

in

any

hearing,

inquiry

or

proceeding being conducted by the Ombudsman or

under

its authority, in the performance or in the

furtherance of its constitutional functions and statutory

objectives. The immunity granted under this and the

immediately preceding paragraph shall not exempt the

witness from criminal prosecution for perjury or false

testimony 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

contempt and 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

or

performance 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 printed in

the national language.

Section

19.

Administrative

Complaints .

—

The

Ombudsman shall act on all complaints relating, but

not limited to 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

(6)

Are

otherwise

irregular,

immoral

or

devoid

of

justification.

Section

20.

Exceptions .

—

The

Office

of

the

Ombudsman

may

not

conduct

the

necessary

investigation of any administrative 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. Official Subject to Disciplinary Authority;

Exceptions . — The Office of the Ombudsman shall

have

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

or

controlled

corporations

and

their subsidiaries, except over officials who may be

removed only by impeachment or over Members of

Congress, and the Judiciary.

Section 22. Investigatory Power . — The Office of the

Ombudsman shall have the power to investigate any

serious misconduct in office allegedly committed by

officials removable by impeachment, for the purpose of

filing

a

verified

complaint

for

impeachment,

if

warranted.

In

all

cases

of

conspiracy

between

an

officer

or

employee of the government and a private person, the

Ombudsman and his Deputies shall have jurisdiction to

include such private person in the investigation and

proceed against such private person as the evidence

may warrant. The officer or employee and the private

person shall be tried jointly and shall be subject to the

same penalties and liabilities.

Section 23. Formal Investigation . —

(1)

Administrative

investigations

conducted

by

the

Office of the Ombudsman shall be in accordance with

its rules of procedure and consistent with due process.

(2) At its option, the Office of the Ombudsman may

refer

certain

complaints to the proper disciplinary

authority

for

the

institution

of

appropriate

administrative

proceedings

against

erring

public

officers or employees, which shall be determined within

the period prescribed in the civil service law. Any delay

without just cause in acting on any referral made by the

Office

of

the Ombudsman shall be a ground for

administrative action against the officers or employees

to

whom

such

referrals

are

addressed

and

shall

constitute 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 any office,

agency, commission or tribunal; (b) examine and have

access to any book, record, file, document or paper; and

(c) hold private hearings with both the complaining

individual and the official concerned.

Section

24.

Preventives

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, and (a) the charge against such officer or

employee

involves

dishonesty,

oppression or grave

misconduct or neglect in the performance of duty; (b)

the charges would warrant removal from the service; or

(c)

the respondent's continued stay 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 not

more than six (6) months, without pay, except when the

delay in the disposition of the case by the Office of the

Ombudsman is due to the fault, negligence or petition

of the respondent, in which case the period of such

delay shall 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 provided

therein shall be applied.

(2) In other administrative proceedings, the penalty

ranging from suspension without pay for one (1) year to

dismissal with forfeiture of benefits or a fine ranging

from Five thousand pesos (P5,000.00) to twice the

amount malversed, illegally taken or lost, or both at the

discretion

of

the

Ombudsman,

taking

into

consideration circumstances that mitigate or aggravate

the liability of the officer or employee found guilty of

the complaint or charges.

Section 26. Inquiries . —

(1) The Office of the Ombudsman shall inquire into acts

or omissions of a public officer, employee, office or

agency which, from the reports or complaints it has

received, the Ombudsman or his Deputies consider to

be:

(a) contrary to law or regulation;

© Compiled By RGL

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