REPUBLIC ACT NO.

6770
AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF
THE OMBUDSMAN AND FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as The Ombudsman Act of 1989 .
Sec. 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 and must at all times be accountable to the peop
le, serve them with utmost responsibility, integrity, loyalty, efficiency, act w
ith patriotism and justice and lead modest lives.
Sec. 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 Visayas, the Office of the Deputy for Mindanao, the Office of th
e Deputy for the Armed Forces, and the Office of the Special Prosecutor. The Pre
sident may appoint other Deputies as the necessity for it may arise, as recommen
ded by the Ombudsman.
Sec. 4. Appointment. - The Ombudsman and his Deputies, including the Special Pro
secutor, 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 o
f general circulation.
In the organization of the Office of the Ombudsman for filling up of positions t
herein, 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 re
gional, ethnic and cultural make-up of the Filipino nation.
Sec. 5. Qualifications. - The Ombudsman and his Deputies, including the Special
Prosecutor, shall be natural born citizens of the Philippines, at least forty (4
0) 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.
Sec. 6. Rank and Salary. - The Ombudsman and his Deputies shall have the same ra
nks, salaries and privileges as the Chairman and members, respectively of a Cons
titutional Commission. Their salaries shall not be decreased during their term o
f office.
The members of the prosecution, investigation and legal staff of the Office of t
he Ombudsman shall receive salaries which shall not be less than those given to
comparable positions in any office in the Government.
Sec. 7. Term of Office. - The Ombudsman and his Deputies, including the Special
Prosecutor, shall serve for a term of seven (7) years without reappointment.
Sec. 8. Removal; Filling of Vacancy. (1) In accordance with the provisions of Article XI 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 Presi

dent 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 shall have been appo
inted for a full term. In case the Overall Deputy cannot assume the role of Acti
ng Ombudsman, the President may designate any of the deputies, or the Special Pr
osecutor, as Acting Ombudsman.
(4) In case of temporary absence or disability of the Ombudsman, the Overall Dep
uty shall perform the duties of the Ombudsman until the Ombudsman returns or is
able to perform his duties.
Sec. 9. Prohibition and Disqualifications. - The Ombudsman, his Deputies and the
Special Prosecutor shall not, during their tenure, hold any other office or emp
loyment. 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 gove
rnment or any subdivision, agency or instrumentality thereof, including governme
nt-owned or controlled corporations or their subsidiaries. They shall strictly a
void conflict of interest in the conduct of their office. They shall not be qual
ified to run for any office in the election immediately following their cessatio
n from office. They shall not be allowed to appear or practice before the Ombuds
man for two (2) years following their cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degre
e and no law, business or professional partner or associate of the Ombudsman, hi
s Deputies or Special Prosecutor within one (1) year preceding the appointment m
ay appear as counsel or agent on any matter pending before the Office of the Omb
udsman or transact business directly or indirectly therewith.
This disqualification shall apply during the tenure of the official concerned. T
his disqualification likewise extends to the law, business or professional firm
for the same period.chan robles virtual law library
Sec. 10. Disclosure of Relationship. - It shall be the duty of the Ombudsman, hi
s 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, an
d 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. Th
e disclosures made pursuant to this section shall form part of the public record
s and shall be available to any person or entity upon request.
Sec. 11. Structural Organization. - The authority and responsibility for the exe
rcise 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 supervisi
on and control of the said Office.
(1) The Office of the Ombudsman may organize such directorates for administratio
n and allied services as may be necessary for the effective discharge of its fun
ctions. 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 the Ombudsman. it shall likewise p
erform such other functions and duties assigned to it by the Ombudsman.
(3) The Office of the Special Prosecutor shall be composed of the Special Prosec
utor 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 supervi

sion and control of the Ombudsman.

(4) The Office of the Special Prosecutor shall, under the supervision and contro
l 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 shall appoint all officers and employees of the Office of the
Special Prosecutor, in accordance with the civil service law, rules and regulati
ons.
Sec. 12. Official Stations. - The Ombudsman, the Overall Deputy, the Deputy for
Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan Man
ila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in D
avao City. The Ombudsman may transfer their stations within their respective geo
graphical regions, as public interest may require.
Sec. 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 o
r employees of the government, or of any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations, and enforce thei
r administrative, civil and criminal liability in every case where the evidence
warrants in order to promote efficient service by the Government to the people.
Sec. 14. Restrictions. - No writ of injunction shall be issued by any court to d
elay an investigation being conducted by the Ombudsman under this Act, unless th
ere is a prima facie evidence that the subject matter of the investigation is ou
tside 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.ch
an robles virtual law library
Sec. 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 o
r omission appears to be illegal, unjust, improper or inefficient. It has primar
y jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise o
f his primary jurisdiction, it may take over, at any stage, from any investigato
ry agency of government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any officer or employee of th
e Government, or of any subdivision, agency or instrumentality thereof, as well
as any government-owned or controlled corporations with original charter, to per
form and expedite any act or duty required by law, or to stop, prevent, and corr
ect any abuse or impropriety in the performance of duties;chan robles virtual la
w library
(3) Direct the officer concerned to take appropriate action against a public off
icer or employee at fault or who neglects 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 au
thority as provided in Section 21of this Act: Provided, That the refusal by any

officer without just cause to comply with an order of the Ombudsman to remove, s
uspend, demote, fine, censure, or prosecute an officer or employee who is at fau
lt or who neglects to perform an act or discharge a duty required by law shall b
e a ground for disciplinary action against said officer;
(4) Direct the officer concerned, in any appropriate case, and subject to such l
imitations as it may provide in its rules of procedures, to furnish it with copi
es 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 th
e discharge of its responsibilities, and to examine, if necessary, pertinent rec
ords and documents;
(6) Publicize matters covered by its investigation of the matters mentioned in p
aragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with d
ue prudence: Provided, that the Ombudsman under its rules and regulations may de
termine 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 co
rruption in the government and make recommendations for their elimination and th
e observance of high standards of ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimon
y in any investigation or inquiry, including the power to examine and have acces
s 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 auth
ority or duty as shall ensure the effective exercise or performance of the power
s, functions, and duties herein or hereinafter provided;
(11) Investigate and initiate the proper action for the recovery of ill-gotten a
nd/or unexpired wealth amassed after February 25, 1986 and the prosecution of th
e parties involved therein.
The Ombudsman shall give priority to complaints filed against high ranking gover
nment officials and/or those occupying supervisory positions, complaints involvi
ng grave offenses as well as complaints involving large sums of money and/or pro
perties.
Sec. 16. Applicability. - The provisions of this Act shall apply to all kinds of
malfeasance, and non-feasance that have been committed by any officer or employ
ee as mentioned in Section 13 hereof, during his tenure of office.
Sec. 17. Immunities. - In all hearings, inquiries, and proceedings of the Ombuds
man, including preliminary investigations of offenses, no person subpoenaed to t
estify as a witness shall be excused from attending and testifying or from produ
cing 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 compelled, after having claimed the privilege against self-incrimination,
to testify and produce evidence, documentary or otherwise. chan robles virtual l
aw library
Under such terms and conditions as it may determine taking into account the pert

inent provisions of the Rules of Court, the Ombudsman may grant immunity from cr
iminal prosecution to any person 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 pe
rformance or in the furtherance of its constitutional functions and statutory ob
jectives. The immunity granted under this and the immediately preceding paragrap
h shall not except the witness from criminal prosecution for perjury or false te
stimony nor shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the aforecited provisions shall be
subject to punishment for prompt contempt and removal of the immunity from crimi
nal prosecution.
Sec. 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 days following the completion of t
heir publication in the Official Gazette or in three (3) newspapers of general c
irculation in the Philippines, one of which is printed in the national language.
Sec. 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 a
ccordance with law; Proceed from a mistake of law or an arbitrary ascertainment
of facts; Are in the exercise of discretionary powers but for an improper purpos
e; or Are otherwise irregular, immoral or devoid of justification.
Sec. 20. Exceptions. - The Office of the Ombudsman may not conduct the necessary
investigation of any administrative act or omission complained of if it believe
s 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 year from the occurrence of the act or omi
ssion complained of.
Sec. 21. Officials Subject to Disciplinary Authority; Exceptions. - The Office o
f the Ombudsman shall have disciplinary authority over all elective and appointi
ve officials of the Government and its subdivisions, instrumentalities and agenc
ies, including Members of the Cabinet, local government, government-owned or con
trolled corporations and their subsidiaries, except over officials who may be re
moved only by impeachment or over Members of Congress, and the Judiciary.
Sec. 22. Investigatory Power. - The Office of the Ombudsman shall have the power
to investigate any serious misconduct in office allegedly committed by official
s removable by impeachment, for the purpose of filing a verified complaint for i
mpeachment, 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 incl
ude such private person in the investigation and proceed against such private pe
rson 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 liabiliti
es.
Sec. 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.ch
an robles virtual law library
(2) At its option, the Office of the Ombudsman may refer certain complaints to t
he proper disciplinary authority for the institution of appropriate administrati
ve proceedings against erring public officers or employees, which shall be termi
nated within the period prescribed in the civil service law. Any delay without j
ust 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 su
ch 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 hav
e access to any book, record, file document or paper; and (c) hold private heari
ngs with both the complaining individual and the official concerned.
Sec. 24. Preventive Suspension. - The Ombudsman or his Deputy may preventively s
uspend 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 suc
h officer or employee involves dishonesty, oppression or grave misconduct or neg
lect 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 f
iled against him.
The preventive suspension shall continue until the case is terminated by the Off
ice of the Ombudsman but not more than six months, without pay, except when the
delay in the disposition of the case by the Office of the Ombudsman is due to th
e 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 pro
vided.
Sec. 25. Penalties. (1) In administrative proceedings under Presidential Decree No. 807, the penalti
es and rules provided therein shall be applied.
(2) In other administrative proceedings, the penalty ranging from suspension wit
hout pay for one year to dismissal with forfeiture of benefits or a fine ranging
from five thousand pesos (P5,000.00) to twice the amount malversed, illegally t
aken or lost, or both at the discretion of the Ombudsman, taking into considerat
ion circumstances that mitigate or aggravate the liability of the officer or emp
loyee found guilty of the complaint or charges.
Sec. 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 ha
s received, the Ombudsman or his Deputies consider to be:
(a) contrary to law or regulation;
(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) inefficiently performed or otherwise objectionable.
(2) The Office of the Ombudsman shall receive complaints from any source in what
ever form concerning an official act or omission. It shall act on the complaint
immediately and if it finds the same entirely baseless, it shall dismiss the sam
e and inform the complainant of such dismissal citing the reasons therefor. If i
t finds a reasonable ground to investigate further, it shall first furnish the r
espondent public officer or employee with a summary of the complaint and require
him to submit a written answer within seventy-two hours from receipt thereof. I
f the answer is found satisfactory, it shall dismiss the case.