LIST OF RELEVANT LAWS AND TREATIES

BAR EXAMINATIONS 2021

I. THE 1987 CONSTITUTION (POLI, LABOR)

Check CONSTI codal.

Ratified: February 2, 1987

II. LAWS
A. B.P. 881 (as amended) - Omnibus Election Code of the
Philippines (POLI)

Check CONSTI codal.

Approved: December 3, 1985
Published in the Official Gazette, Vol. 81 No. 49 Page 5659 on December 9, 1985.

B. E.O. No. 200, s. 1987 - Publication of Laws as Requirement for

Their Effectivity (POLI)

E.O. NO. 200

PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE

OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION
IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY

WHEREAS, Article 2 of the Civil Code partly provides that "laws shall take effect
after fifteen days following the completion of their publication in the Official
Gazette, unless it is otherwise provided . . . ;" cdasia

WHEREAS, the requirement that for laws to be effective only a publication thereof
in the Official Gazette will suffice has entailed some problems, a point recognized
by the Supreme Court in Tañada, et al. vs. Tuvera, et al. (G.R. No. 63915,
December 29, 1986), when it observed that "[t]here is much to be said of the view
that the publication need not be made in the Official Gazette, considering its erratic
release and limited readership;"

WHEREAS, it was likewise observed that "[u]ndoubtedly, newspapers of general

circulation could better perform the function of communicating the laws to the
people as such periodicals are more easily available, have a wider readership, and
come out regularly;" and

WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should
accordingly be amended so the laws to be effective must be published either in the
Official Gazette or in a newspaper of general circulation in the country;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby order:

SECTION 1. Laws shall take effect after fifteen days following the completion of
their publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided.

SECTION 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil
Code of the Philippines," and all other laws inconsistent with this E.O. are hereby
repealed or modified accordingly.

SECTION 3. This E.O. shall take effect immediately after its publication in the
Official Gazette.

DONE in the City of Manila, this 18th day of June, in the year of Our Lord,
Nineteen Hundred and Eighty-Seven.

Published in the Official Gazette, Vol. 83, No. 26, Page 3038-A, on June 29, 1987.

C. Introductory Provisions, Section 2; Book I, Sections 3-11, E.O.

No. 292, s. 1987 - Administrative Code of 1997 (POLI)

EXECUTIVE ORDER NO. 292

INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"

WHEREAS, the Administrative Code currently in force was first forged in 1917
when the relationship between the people and the government was defined by the
colonial order then prevailing;

WHEREAS, efforts to achieve an integrative and overall recodification of its

provisions resulted in the Administrative Code of 1978 which, however, was never
published and later expressly repealed;
WHEREAS, the effectiveness of the Government will be enhanced by a new
Administrative Code which incorporates in a unified document the major
structural, functional and procedural principles and rules of governance; and

WHEREAS, a new Administrative Code will be of optimum benefit to the people

and Government officers and employees as it embodies changes in administrative
structures and procedures designed to serve the people;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby promulgate the
Administrative Code of 1987, as follows:

Introductory Provisions
SECTION 1. Title. — This Act shall be known as the "Administrative Code of
1987."

SECTION 2. General Terms Defined. — Unless the specific words of the text, or
the context as a whole, or a particular statute, shall require a different meaning:
(1) Government of the Republic of the Philippines refers to the corporate
governmental entity through which the functions of government are exercised
throughout the Philippines, including, save as the contrary appears from the
context, the various arms through which political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local government.
(2) National Government refers to the entire machinery of the central government,
as distinguished from the different forms of local governments.
(3) Local Government refers to the political subdivisions established by or in
accordance with the Constitution.
(4) Agency of the Government refers to any of the various units of the
Government, including a department, bureau, office, instrumentality, or
government-owned or controlled corporation, or a local government or a distinct
unit therein.
(5) National Agency refers to a unit of the National Government.
(6) Local Agency refers to a local government or a distinct unit therein.
(7) Department refers to an executive department created by law. For purposes of
Book IV, this shall include any instrumentality, as herein defined, having or
assigned the rank of a department, regardless of its name or designation.
(8) Bureau refers to any principal subdivision or unit of any department. For
purposes of Book IV, this shall include any principal subdivision or unit of any
instrumentality given or assigned the rank of a bureau, regardless of actual name or
designation, as in the case of department-wide regional offices.
(9) Office refers, within the framework of governmental organization, to any major
functional unit of a department or bureau including regional offices. It may also
refer to any position held or occupied by individual persons, whose functions are
defined by law or regulation.
(10) Instrumentality refers to any agency of the National Government, not
integrated within the department framework vested with special functions or
jurisdiction by law, endowed with some if not all corporate powers, administering
special funds, and enjoying operational autonomy, usually through a charter. This
term includes regulatory agencies, chartered institutions and government-owned or
controlled corporations.
(11) Regulatory agency refers to any agency expressly vested with jurisdiction to
regulate, administer or adjudicate matters affecting substantial rights and interest of
private persons, the principal powers of which are exercised by a collective body,
such as a commission, board or council.
(12) Chartered institution refers to any agency organized or operating under a
special charter, and vested by law with functions relating to specific constitutional
policies or objectives. This term includes the state universities and colleges and the
monetary authority of the State.
(13) Government-owned or controlled corporation refers to any agency organized
as a stock or non-stock corporation, vested with functions relating to public needs
whether governmental or proprietary in nature, and owned by the Government
directly or through its instrumentalities either wholly, or, where applicable as in the
case of stock corporations, to the extent of at least fifty-one (51) per cent of its
capital stock: Provided, That government-owned or controlled corporations may be
further categorized by the Department of the Budget, the Civil Service
Commission, and the Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and responsibilities with respect to
such corporations.
(14) "Officer" as distinguished from "clerk" or "employee", refers to a person
whose duties, not being of a clerical or manual nature, involves the exercise of
discretion in the performance of the functions of the government. When used with
reference to a person having authority to do a particular act or perform a particular
function in the exercise of governmental power, "officer" includes any government
employee, agent or body having authority to do the act or exercise that function.
(15) "Employee" when used with reference to a person in the public service,
includes any person in the service of the government or any of its agencies,
divisions, subdivisions or instrumentalities.
BOOK I
Sovereignty and General Administration
CHAPTER 1
The National Territory

SECTION 3. What Comprises National Territory. — The national territory

comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine
areas. The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.

SECTION 4. Territorial Subdivision of the Philippines. — The territorial and

political subdivisions of the Philippines are the autonomous regions, provinces,
subprovinces, cities, municipalities and barangays.

CHAPTER 2
The People
SECTION 5. Who are Citizens. — The following are the citizens of the
Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of the
Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
(4) Those who are naturalized in accordance with law.

SECTION 6. Effect of Marriage. — Citizens of the Philippines who marry aliens

shall retain their citizenship, unless by their act or omission they are deemed, under
the law, to have renounced it.

SECTION 7. Natural-born Citizen. — Natural-born citizens are those who are

citizens of the Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with the Constitution shall be deemed natural-born citizens.

SECTION 8. Loss or Reacquisition of Citizenship. — Philippine citizenship may

be lost or reacquired in the manner provided by law.
SECTION 9. Dual Allegiance. — Dual allegiance is inimical to the national
interest and shall be dealt with by law.

CHAPTER 3
State Immunity from Suit
SECTION 10. Non-suability of the State. — No suit shall lie against the State
except with its consent as provided by law.

SECTION 11. The State's Responsibility for Acts of Agents. — (1) The State shall
be legally bound and responsible only through the acts performed in accordance
with the Constitution and the laws by its duly authorized representatives.

(2) The State shall not be bound by the mistakes or errors of its officers or agents
in the exercise of their functions.

Date Approved: July 25, 1987

Date of Effectivity: November 23, 1989 based on PROCLAMATION NO. 495 -
DECLARING THE EFFECTIVITY OF E.O. NO. 292, THE
"ADMINISTRATIVE CODE OF 1987", AS AMENDED

D. R.A. No. 6735 - The Initiative and Referendum Act (POLI)

Check CONSTI codal.

Date Approved: August 4, 1989
Published in the Manila Chronicle on August 9, 1989. Published in the Official
Gazette, Vol. 85 No. 38 page 5685 on September 18, 1989.
Date of Effectivity: August 24, 1989

E. R.A. No. 6770 - The Ombudsman Act of 1989 (POLI)

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."
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. cd i

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. In 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. It shall likewise perform
such 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. It 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 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. Preventive 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;

(b) unreasonable, unfair, oppressive, irregular or inconsistent with the general
course of the operations and functions of a public officer, employee, office or
agency; cd

(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. It 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. If 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. If 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.

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
Sandiganbayanor 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
allowances as are extended to witnesses whose attendance has been required in the
trial courts. Upon request of the witness, the Ombudsman shall also furnish him
such security for his person and his family as may be warranted by the
circumstances. For this purpose, the Ombudsman may, at its expense, call upon
any police or constabulary unit to provide the said security.

(2) A person who, with or without service or compulsory process, provides oral or
documentary information requested by the Ombudsman shall be accorded the same
privileges and immunities as are extended to witnesses in the courts, and shall
likewise be entitled to the assistance of counsel while being questioned.

(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or

refuses to be examined, or engages in obstructive conduct, the Ombudsman or his
Deputy shall issue an order directing the person to appear before him to show
cause why he should not be punished for contempt. The contempt proceedings
shall be conducted pursuant to the provisions of the Rules of Court.

SECTION 33. Duty to Render Assistance to the Office of the Ombudsman. — Any
officer or employee of any department, bureau or office, subdivision, agency or
instrumentality of the Government, including government-owned or controlled
corporations and local governments, when required by the Ombudsman, his
Deputy or the Special Prosecutor shall render assistance to the Office of the
Ombudsman.

SECTION 34. Annual Report. — The Office of the Ombudsman shall render an
annual report of its activities and performance to the President and to Congress to
be submitted within thirty (30) days from the start of the regular session of
Congress.

SECTION 35. Malicious Prosecution. — Any person who, actuated by malice or

gross bad faith, files a completely unwarranted or false complaint against any
government official or employee shall be subject to a penalty of one (1) month and
one (1) day to six (6) months imprisonment and a fine not exceeding Five thousand
pesos (P5,000.00).

SECTION 36. Penalties for Obstruction. — Any person who willfully obstructs or
hinders the proper exercise of the functions of the Office of the Ombudsman or
who willfully misleads or attempts to mislead the Ombudsman, his Deputies and
the Special Prosecutor in replying to their inquiries shall be punished by a fine of
not exceeding Five thousand pesos (P5,000.00).

SECTION 37. Franking Privilege. — All official mail matters and telegrams of the
Ombudsman addressed for delivery within the Philippines shall be received,
transmitted, and delivered free of charge: Provided, That such mail matters when
addressed to private persons or non-government offices shall not exceed one
hundred and twenty (120) grams. All mail matters and telegrams sent through
government telegraph facilities containing complaints to the Office of the
Ombudsman shall be transmitted free of charge, provided that the telegram shall
contain not more than one hundred fifty (150) words.

SECTION 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy
fiscal autonomy. Appropriations for the Office of the Ombudsman may not be
reduced below the amount appropriated for the previous years and, after approval,
shall be automatically and regularly released.

SECTION 39. Appropriations. — The appropriation for the Office of the Special
Prosecutor in the current General Appropriations Act is hereby transferred to the
Office of the Ombudsman. Thereafter, such sums as may be necessary shall be
included in the annual General Appropriations Act.

SECTION 40. Separability Clause. — If any provision of this Act is held

unconstitutional, other provisions not affected thereby shall remain valid and
binding.

SECTION 41. Repealing Clause. — All laws, presidential decrees, letters of

instructions, executive orders, rules and regulations insofar as they are inconsistent
with this Act, are hereby repealed or amended as the case may be.

SECTION 42. Effectivity. — This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in three (3) newspapers of
general circulation in the Philippines. cd

Date Approved: November 17, 1989

Published in the Philippine Star, Malaya and Philippine Daily Inquirer on
November 12, 1989. Published in the Official Gazette, Vol. 85 No. 50 page 8010-1
on December 11, 1989.
Date of Effectivity: November 17, 1989
 F. R.A. No. 7160, as amended by R.A. Nos. 8553, 8185 and 9640 -
Local Government Code of 1991 (POLI)

Check CONSTI codal.

Date Approved: October 10, 1991
Published in Malaya on October 18, 1991. Published in the Official Gazette, Vol.
87 No. 43 page 1 on October 28, 1991
Date of Effectivity: January 1, 1992

R.A. No. 8553 - AN ACT AMENDING SECTION 41(B) OF REPUBLIC ACT

NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF
1991
Date Approved: February 25, 1998
Published in Malaya and Manila Times on March 7, 1998. Published in the Official
Gazette, Vol. 94 No. 28, 82 Supp., on July 13, 1998.
Date of Effectivity: March 7, 1998

R.A. No. 8185 - AN ACT AMENDING SECTION 324 (d) of REPUBLIC ACT
NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF
1991
Date Approved: June 11, 1996

Published in Malaya and the Manila Times on June 20, 1996. Published in the
Official Gazette, Vol. 92 No. 33 page 5075 on August 12, 1996.
Date of Effectivity: July 5, 1996

R.A. No. 9640 - AN ACT AMENDING SECTION 140 (A) OF REPUBLIC ACT
NO. 7160, OTHERWISE KNOWN AS "THE LOCAL GOVERNMENT CODE
OF 1991"
Lapsed into law on May 21, 2009 without the signature of the President, in
accordance with Article VI Section 27 (1) of the Constitution.
Published in the Manila Standard Today on June 18, 2009.

G. R.A. No. 7166, as amended by R.A. Nos. 7887, 9369 and 8173 -
Synchronized Elections Law of 1991 (POLI)

H. R.A. No. 7438 - Rights of Persons Arrested, Detained or Under

Custodial Investigation (POLI)
 I. R.A. No. 7887 - Institution of Electoral Reforms (POLI)

J. R.A. No. 7941 - Party-List System Act (POLI)

Check CONSTI codal.

K. R.A. No. 8171 - Repatriation of Filipino Women and of

Natural-Born Filipinos Who Lost Their Philippine Citizenship
(POLI)

L. R.A. No. 8436, as amended by R.A. Nos. 9369 and 9006 -

Election Automation Law (POLI)

Check CONSTI codal.

M. R.A. No. 8975 – Prohibiting Lower Courts from Issuing

Temporary Restraining Orders, Preliminary Injunctions or
Preliminary Mandatory Injunctions on Government
Infrastructure Projects (POLI)

N. R.A. No. 9006, as amended by R.A. No. 11207 – Fair Elections

Act (POLI)

Check CONSTI codal.

O. R.A. No. 9189, as amended by R.A. No. 10590 – The Overseas

Absentee Voting Act of 2003 (POLI)
 P. R.A. No. 9225 – Citizenship Retention and Re-acquisition Act
of 2003 (POLI)

Check CONSTI codal.

Q. R.A. No. 9244 - An Act Eliminating the Preparatory Recall

Assembly as a Mode of Instituting Recall of Elective Local
Government Officials (POLI)

R. R.A. No. 9346 - An Act Prohibiting the Imposition of Death

Penalty in the Philippines (POLI)

S. R.A. No. 9522 - An Act to Define the Baselines of the

Territorial Sea of the Philippines (POLI)

T. R.A. No. 9851 - Philippine Act on Crimes against International

Humanitarian Law, Genocide, and Other Crimes Against
Humanity (POLI)

U. R.A. No. 10368 - Human Rights Victims Reparation and

Recognition Act of 2013 (POLI)

III. TREATIES
A. Statute of the International Court of Justice, Art. 38(l)(a).

B. Charter of the United Nations

C. Vienna Convention on the Law of Treaties
D. United Nations Convention on the Law of the Sea
E. Vienna Convention on Diplomatic Relations
F. Convention on the Privileges and Immunities of the UN
G. Convention on the Privileges and Immunities of the Specialized
Agencies
H. Universal Declaration of Human Rights
I. International Covenant on Civil and Political Rights

J. International Covenant on Economic, Social, and Cultural Rights

K. Protocol Additional to the Geneva Conventions of 12 August 1949

L. 1949 Geneva Conventions (first to fourth)

M. 1977 Additional Protocols to the Geneva Conventions

N. 1951 Convention Relating to the Status of Refugees and the 1967

Protocol