At Present

At Present

The framers of the 1987 Constitution envisioned the Ombudsman as an official critic who studies the laws, procedures and practices in government, a mobilizer who ensures that the steady flow of services is accorded the citizens, and a watchdog who looks at the general and specific performance of all government officials and employees. (cf. Journal No. 40, July 26, 1986, p. 432). To further strengthen and insulate the Office of the Ombudsman from politics and pressure forces, the Constitution made it a fiscally autonomous body, (cf. Sec. 14, Art. XI, 1987 Constitution) independent from any other branch of government, and headed by an Ombudsman with a fixed term of seven years, who could be removed from office only by way of impeachment. (cf. Sec. 2, Art. XI, 1987 Constitution). The Ombudsman and his Deputies enjoy the rank of Chairman and members, respectively, of a Constitutional Commission whose appointments require no Congressional confirmation. (cf. Secs. 9 and 10, Art. XI, 1987 Constitution).

The clear intent is to give full and unimpeded play to the exercise by said Office of its extraordinary range of oversight and investigative authority over the actions of all public officials and employees, offices and agencies. Not only can it investigate on its own or on complaint any official act or omission that appears to be illegal, unjust, improper or inefficient; it can prod officials into performing or expediting any act or duty required by law; stop, prevent and control any abuse or impropriety in the performance of such duties; require the submission of documents relative to contracts, disbursements, and financial transactions of government officials for the purpose of ferreting out any irregularities therein. (cf. Sec. 13, Art. XI, 1987 Constitution). The conferment of this extensive authority is prefaced in the Constitution with the bestowal upon the Ombudsman and his deputies of the appealing title of “Protectors of the People” (cf. Sec. 12, Art. XI).

On July 24, 1987, Executive Order No. 243 was issued by President Corazon C. Aquino declaring the effectivity of the creation of the Office and restating its composition, powers and functions. On May 12, 1988, the Office of the Ombudsman became operational upon the appointment of the Ombudsman and his Overall Deputy Ombudsman. Immediately thereafter, one Deputy Ombudsman each for Luzon, Visayas and Mindanao were likewise appointed by the President. This date became the basis for celebrating the anniversary of the Office of the Ombudsman.

The Congress enacted on November 17, 1989 Republic Act No. 6770, otherwise known as the Ombudsman Act of 1989, providing for the functional and structural organization of the Office of the Ombudsman and delineating its powers functions and duties. Indeed, Congress, in enacting Republic Act 6770, sought to have an Ombudsman who would be an effective and an activist watchman vesting the Ombudsman with adequate authority that would prevent the Ombudsman from being a “toothless tiger”. (cf. Journal, Session No. 15, August 17, 1988).

Reference:

National Historical Institute, Letter dated July 28, 1998 to Special Prosecutor Leonardo P. Tamayo from Hon. Samuel K. Tan, NHI Chairman and Executive Director

Office of the Ombudsman, Ombudsman’s Journal Anniversary Issue, Vol. 1, No. 1, May 9, 1996

Office of the Tanodbayan “Primer on the Tanodbayan” September 21, 1980

Tanglao-Dacanay, Corazon, D.L.P., Case Notes on RA 6770, July 26, 2000