Article 80p. 80

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

(b)

unreasonable,

unfair,

oppressive,

irregular

or

inconsistent with the general course of the operations

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 palpable error 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

concerning an official act or omission.t shall act on the

complaint immediately and if it finds the same entirely

baseless, it shall dismiss the same and inform the

complainant

of

such

dismissal

citing

the

reasons

therefor.f it finds a reasonable ground to investigate

further, it shall first furnish the respondent public

officer or employee with a summary of the complaint

and require him to submit a written answer within

seventy-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 urgent action

is necessary to protect or preserve the rights of the

complainant, the Office of the Ombudsman shall take

steps or measures and issue such orders directing the

officer, employee, office or agency concerned to:

(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 the rights 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 it was

addressed.

Section 27. Effectivity and Finality of Decisions . — (1)

All provisionary orders of the Office of the Ombudsman

are immediately effective and executory.

A motion for reconsideration of any order, directive or

decision of the Office of the Ombudsman must be filed

within 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;

(2) Errors of law or irregularities have been committed

prejudicial to the interest of the movant. The motion for

reconsideration shall be resolved within three (3) days

from

filing:

provided,

that

only

one

motion

for

reconsideration shall be entertained.

Findings of fact by the Officer of the Ombudsman

when supported by substantial evidence are conclusive.

Any order, 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 be

appealed to the Supreme Court by filing a petition for

certiorari within ten (10) days from receipt of the written

notice of the order, directive or decision or denial of the

motion for reconsideration in accordance with Rule 45

of the Rules of Court.

The above rules may be amended or modified by the

Office of the Ombudsman as the interest of justice may

require.

Note: Section 27 of Republic Act No. 6770 (Ombudsman

Act

of

1989),

together

with

Section 7, Rule III of

Administrative Order No. 07 (Rules of Procedure of the

Office of the Ombudsman), and any other provision of

law or issuance implementing the aforesaid Act and

insofar as they provide for appeals in administrative

disciplinary cases from the Office of the Ombudsman

to the Supreme Court, are hereby declared INVALID

and of no further force and effect. ( Fabian v. Desierto,

G.R. No. 129742. September 16, 1998 )

Section 28. Investigation in Municipalities, Cities and

Provinces . — The Office of the Ombudsman may

establish offices in municipalities, cities and provinces

outside

Metropolitan Manila, under the immediate

supervision of the Deputies for Luzon, Visayas and

Mindanao,

where necessary as determined by the

Ombudsman. The investigation of complaints may be

assigned to the regional or sectoral deputy concerned

or

to

a

special

investigator who shall proceed in

accordance with the rules or special instructions or

directives of the Office of the Ombudsman. Pending

investigation the deputy or investigator may issue

orders and provisional remedies which are immediately

executory subject to review by the Ombudsman. Within

three (3) days after concluding 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, the Ombudsman 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/Publication 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 the

province,

city

or

municipality

concerned

for

such

immediate

action

as

may

be

necessary.

When

transmitting

his

adverse

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 explaining past difficulties with or

present rejection of the Ombudsman's proposals.

Section

31.

Designation

of

Investigators

and

Prosecutors .

—

The

Ombudsman

may

utilize the

personnel of his office and/or designate or deputize any

fiscal, state prosecutor or lawyer in the government

service to act as special investigator or prosecutor to

assist in the investigation and prosecution of certain

cases. Those designated or 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, documents and other things under

their control, and to secure the attendance or presence

of

any

absent

or

recalcitrant

witness

through

application before the Sandiganbayan or before any

inferior or superior court having jurisdiction of the 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 and travel

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