Frequently Asked Questions

Administrative Order No. 07, as amended or The Rules of Procedure of the Office of the Ombudsman shall apply in the investigation of Ombudsman cases.

None. A complaint may be in any form, either verbal or in writing. For a speedier disposition of the complaint, however, it is preferable that it be in writing and under oath.

Yes. However, a complaint which does not disclose the identity of the complainant will be acted upon only if it merits appropriate consideration, or contains sufficient leads or particulars to enable the taking of further action.

A criminal complaint may be brought for an offense in violation of RA 3019, as amended; RA 1379, as amended; RA 6713; Revised Penal Code, Title VII, Chapter II, section 2; RA 7080, as amended, and for such other offenses committed by public officers and employees in relation to office.

Yes, 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.

  • Dismissed outright for want of palpable merit;
  • Referred to respondent for comment;
  • Indorsed to the proper government office or agency which has jurisdiction over the case;
  • Forwarded to the appropriate office or official for fact-finding investigation;
  • Subjected to preliminary investigation.
  • Ombudsman Graft Investigation and Prosecution Officers;
  • Assistant Special Prosecutors;
  • Deputized Prosecutors;
  • Investigating Officials authorized by law to conduct preliminary investigations; or
  • Lawyers in the government service, so designated by the Ombudsman.

Preliminary investigation of Ombudsman cases falling under the jurisdiction of the Sandiganbayan and Regional Trial Courts shall be conducted in the manner prescribed in the Rules of Court, Rule 112, Section 3, subject to the following provisions:

  • If the complaint is not under oath or is based only on official reports, the investigating officer shall require the complainant or supporting witnesses to execute affidavits to substantiate the complaint.
  • After such affidavits have been secured, the investigating officer shall issue an order, attaching thereto a copy of the affidavits and other supporting documents, directing the respondents to submit, within ten (10) days from receipt thereof, their counter-affidavits and controverting evidence with proof of service thereof on the complainant. The complainant may file reply affidavits within ten (10) days after service of the counter-affidavits.
  • If the respondents do not file counter-affidavits, the investigating officer may consider the comment filed by them, if any, as their answer to the complaint. In any event, the respondent shall have access to the evidence on record.
  • No motion to dismiss shall be allowed except for lack of jurisdiction. Neither may a motion for a bill of particulars be entertained. If respondents desire any matter in the complainant's affidavit to be clarified, the particularization thereof may be done at the time of clarificatory questioning.
  • If the respondents cannot be served with the order mentioned in paragraph b hereof, or having been served, does not comply therewith, the complaint shall be deemed submitted for resolution on the basis of the evidence on record.
  • If, after the filing of the requisite affidavits and their supporting evidences, there are facts material to the case which the investigating officer may need to be clarified on, he may conduct a clarificatory hearing during which the parties shall be afforded the opportunity to be present but without the right to examine or cross-examine the witness being questioned.
  • Upon the termination of the preliminary investigation, the investigating officer shall forward the records of the case together with his resolution to the designated authorities for their appropriate action thereon.
  • No information may be filed and no complaint may be dismissed without the written authority or approval of the Ombudsman in cases falling within the jurisdiction of the Sandiganbayan, or the proper Deputy Ombudsman.

The parties shall be served with a copy of the resolution as finally approved by the Ombudsman or by the proper Deputy Ombudsman.

Yes. Only one motion for reconsideration or reinvestigation of an approved order or resolution shall be allowed, the same to be filed within five (5) days from notice thereof with the Office of the Ombudsman, or the proper Deputy Ombudsman as the case may be, with corresponding leave of court in cases where information has already been filed in court.

The filing of a motion for reconsideration/reinvestigation shall not bar the filing of the corresponding information in Court on the basis of the finding of probable cause in resolution subject of the motion.

An administrative complaint may be filed for acts or omissions which are:

  • Contrary to law or regulations;
  • Unreasonable, unfair, oppressive or discriminatory;
  • Inconsistent with the general course of an agency's functions though in accordance with law;
  • Based on a mistake of law or an arbitrary ascertainment of facts;
  • In the exercise of discretionary powers but for an improper purpose;
  • Otherwise irregular, immoral or devoid of justification;
  • Due to any delay or refusal to comply with the referral or directive of the Ombudsman or any of his deputies against the officer or employee to whom it was addressed; and
  • Such other grounds provided for under E.O. 292 and other applicable laws.

All elective and appointive officials of the government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local governments, government-owned or controlled corporations and their subsidiaries are subject to the disciplinary authority of the Office of the Ombudsman.

Yes, excepted from the coverage of the disciplinary authority of the Ombudsman are Members of Congress, the Judiciary, and officials removable only by impeachment.

The Office of the Ombudsman shall have the power to investigate any serious misconduct in the office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment if warranted.

An administrative case may be initiated by a written complaint under oath accompanied by affidavits of witnesses and other evidence in support of the charge.

Yes, an administrative complaint shall be accompanied by a Certificate of Non-Forum Shopping duly subscribed and sworn to by the complainant or his counsel.

Yes, the Ombudsman or the respective Deputy Ombudsman on his initiative or on the basis of a complaint originally filed as a criminal action or a grievance complaint or request for assistance order the conduct of an administrative proceeding.

The complaint will be evaluated to determine whether the same may be:

  • Dismissed outright for any of the grounds stated under Section 20 of RA 6770, provided, however, that the dismissal thereof is not mandatory and shall be discretionary on the part of the Ombudsman or the Deputy Ombudsman concerned;
  • Treated as a grievance/request for assistance which may be referred to the Public Assistance Bureau, this Office, for appropriate action;
  • Referred to the disciplinary authorities under RA 6770, Section 23, paragraph 2, for the taking of appropriate administrative proceedings;
  • Referred to the appropriate office/agency or official for the conduct of further fact-finding investigation; or
  • Docketed as an administrative case for the purpose of administrative adjudication by the Office of the Ombudsman.

The Ombudsman or the Deputy Ombudsman concerned may order the outright dismissal of a complaint if it believes that:

  • The complainant has an adequate remedy in another judicial or quasi-judicial body;
  • The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman;
  • The complaint is trivial, frivolous, vexatious or made in bad faith;
  • The complainant has no sufficient personal interest in the subject matter of the grievance; or
  • The complaint was filed after one (1) year from the occurrence of the act or omission complained of.

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 terminated 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).

  • If the complaint is docketed as an administrative case, the respondent shall be furnished with a copy of the affidavits and other evidence submitted by the complainant, and shall be ordered to file his counter-affidavit and other evidence in support of his defense, within ten (10) days from receipt thereof, together with proof of service of the same on the complainant who may file his reply-affidavit within ten (10) days from receipt of the counter-affidavit of the respondent.
  • If the Hearing Officer finds no sufficient cause to warrant further proceedings on the basis of the affidavits and other evidence submitted by the parties, the complaint may be dismissed. Otherwise, he shall issue an Order for any of the following purposes: to direct the parties to file their respective verified position papers; to conduct a clarificatory hearing; or to find no necessity for further proceedings and declare the case submitted for resolution.
  • The conduct of formal proceedings by the Office of the Ombudsman in administrative cases shall be non-litigious in nature. Subject to the requirements of due process in administrative cases, the technicalities of law, procedure and evidence shall not strictly apply thereto.
  • In the conduct of formal administrative investigation, the Hearing Officer shall set the case for continuous trial. The parties shall be notified at least ten (10) days before the date of the initial hearing.
  • Only witnesses whose affidavits have been submitted by the parties and served on the adverse party prior to the issuance of the Order directing the conduct of a formal investigation may be allowed to testify at the hearing.
  • The parties shall be allowed the assistance of counsel and the right to the production of evidence thru the compulsory process of subpoena ad testificandum and subpoena duces tecum.

Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process. In any investigation under R.A. No. 6770, 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.

Yes, the following pleadings shall be deemed prohibited:

  • Motion to Dismiss, although any ground justifying the dismissal of the case may be discussed in the counter-affidavits/pleadings of the party;
  • Motion for Bill of Particulars; and
  • Dilatory Motions including, but not limited to, motions for extension of time, for postponement, second motions for reconsideration and/or re-investigation.

Not later than thirty (30) days after the case is declared submitted for resolution, the Hearing Officer shall submit a proposed decision containing his findings and recommendation for the approval of the Ombudsman. Said proposed decision shall be reviewed by the Directors, Assistant Ombudsmen and Deputy Ombudsmen concerned. Upon approval, copies thereof shall be served upon the parties and the head of the office or agency of which the respondent is an official or employee for his information and compliance with the appropriate directive contained therein.

Where the respondent is absolved of the charge and in case of conviction where the penalty imposed is public censure, reprimand, suspension of not more than one month, or a fine equivalent to one month salary, the decision shall be final, executory and unappealable. In all other cases, the decision may be appealed to the Court of Appeals on a verified petition for review under the requirements and conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days from receipt of the written Notice of the Decision or Order denying the Motion for Reconsideration.

No, an appeal shall not stop the decision from being executory.

In case the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal.

Decisions of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. The Office of the Ombudsman shall ensure that its decisions shall be strictly enforced and properly implemented.

The refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine, or censure shall be a ground for disciplinary action against said officer.

Yes, and only one motion for reconsideration or reinvestigation which should be filed within ten (10) days from receipt of the decision or order will be entertained.