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PRESIDENTIAL DECREE NO. 1487
PRESIDENTIAL DECREE NO. 1487 -
CREATING THE OFFICE OF THE OMBUDSMAN, TO BE KNOWN AS TANODBAYAN
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To
give effect to the constitutional right of the people to petition
the government for redress of grievances and to promote higher
standards of integrity and efficiency in the government service, I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me under the Constitution and pursuant to
Proclamation No. 1081, dated 21 September 1972, hereby order and decree
as part of the law of the land:cralaw:red
Section 1. Short title. — This Decree may be cited
as the Tanodbayan Decree of 1977.
Section 2. Establishment of office. — An independent
Office of the ombudsman, to be called the Tanodbayan, is hereby
established. The Tanodbayan shall have two Deputies for Luzon, one for
the Visayas and one for Mindanao. chanroblesvirtualawlibrary
Section 3. Appointment. — The President shall
appoint the Tanodbayan and his Deputies.
Section 4. Qualifications. — The Tanodbayan and
his Deputies shall be members of the bar, well equipped to
analyze problems of law, administration, and public policy, and shall
not have been actively involved in partisan affairs.
Section 5. Disqualifications. — The Tanodbayan and
his Deputies shall not, during their tenure in office, engage in the
practice of any profession or in the management of any business, or be
financially interested directly or indirectly in any contract with, or
in any franchise or privileges granted by, the Government, or any
subdivision, agency, or instrumentality thereof including
government-owned or controlled corporations. chanroblesvirtualawlibrary
Section 6. Term of Office. — (a) To Tanodbayan and
his Deputies shall serve for a term of seven years without
reappointment unless removed by the President upon his determination
that the Tanodbayan or any of his Deputies has become incapacitated or
has been guilty of neglect of duty, or misconduct.
(b) If the Office of Tanodbayan becomes vacant for
any cause, the Senior Deputy Tanodbayan shall serve as Acting
Tanodbayan until the Tanodbayan shall have been appointed for a full
term.
Section 7. Salary. — Unless otherwise provided
by law, the Tanodbayan and each Deputy Tanodbayan shall receive an
annual salary of sixty thousand pesos and fifty thousand pesos,
respectively, which shall not be decreased during their
continuance in office.
Section 8. Organization of Office. — (a) The
Tanodbayan may select, appoint, and compensate in accordance with the
Civil Service Law and within the amount available by appropriation,
such assistants and employees in the national and local offices as he
may deem necessary to discharge his responsibilities under this Decree;chanroblesvirtualawlibrary
(b) The Tanodbayan shall designate one of his
Deputies to be the Senior Deputy Tanodbayan, with authority to
act in his stead when he himself is disabled or protractedly
absent;chanroblesvirtualawlibrary
(c) The Tanodbayan may delegate to other
members of his Staff any of his authority or duties under this
Decree except this power of delegation and the duty of formally
making recommendations to administrative agencies or reports to
the President or the National Assembly.
Section 9. Definitions. — As used in this Decree,
the term
(a) "Administrative agency" means any department or
other governmental unit including any government-owned or controlled
corporation, any official, or any employee acting or purporting to act
by reason of connection with the government but it does not include (1)
any court or judge, or appurtenant judicial staff, (2) the members,
committees, or staffs of the National Assembly, or (3) the President or
his personal staff, or (4) the members of the Constitutional
Commissions and their personal staffs.
(b) "Administrative act" refers to any action
including decisions, omissions, recommendations, practices, or
procedures of an administrative agency.
(c) "Failure of Justice" refers to the defeat
of a particular right, of the failure of reparation for a particular
wrong, from the lack or inadequacy of a legal remedy for the
enforcement of the one or the redress of the other.
Section 10. Powers. — The Tanodbayan shall have the
following powers:cralaw:red
(a) He may investigate, on complaint, any
administrative act of any administrative agency including any
government-owned or controlled corporation;chanroblesvirtualawlibrary
(b) He may prescribe the methods by which complaints
are to be made, received, and acted upon; he may determine the scope
and manner of investigations to be made; and, subject to the
requirements of this Decree, he may determine the form, frequency, and
distribution of his conclusions and recommendations;chanroblesvirtualawlibrary
(c) He may request and shall be given by each
administrative agency the assistance and information he deems necessary
for the discharge of his responsibilities; he may examine the records
and documents of all administrative agencies; and he may enter and
inspect premises within any administrative agency's control, provided,
however, that where the President in writing certifies that such
information, examination or inspection might prejudice the national
interest, the Tanodbayan shall desist. All information so obtained
shall be confidential, unless the President, in the interest of public
service, decides otherwise;chanroblesvirtualawlibrary
(d) He may issue a subpoena to compel any person to
appear, give sworn testimony, or produce documentary or other evidence
the Tanodbayan deems relevant to a matter under his inquiry;chanroblesvirtualawlibrary
(e) He may undertake, participate in, or cooperate
with general studies or inquiries, whether or not related to any
particular administrative agency or any particular administrative act,
if he believes that they may enhance knowledge about or lead to
improvements in the functioning of administrative agencies. chanroblesvirtualawlibrary
Section 11. Matters appropriate for investigation. —
(a) In selecting matters for his attention, the Tanodbayan should
address himself particularly to an administrative act that might be
1. contrary to law or regulation;chanroblesvirtualawlibrary
2. unreasonable, unfair, oppressive, or inconsistent
with the general course of an administrative agency's functioning;chanroblesvirtualawlibrary
3. mistaken in law or arbitrary in ascertainments of
facts;chanroblesvirtualawlibrary
4. improper in motivation or based on irrelevant
consideration;chanroblesvirtualawlibrary
5. unclear or inadequately explained when
reasons should have been revealed;chanroblesvirtualawlibrary
6. inefficiently performed; or
7. otherwise objectionable.
(b) The Tanodbayan may concern himself also with
strengthening procedures and practices which lessen the risk that
objectionable administrative acts will occur.
Section 12. Action on complaints. — (a) The
Tanodbayan may receive a complaint from any source concerning an
administrative act. At no expense to the complainant, he shall conduct
a suitable investigation into the things complained of unless he
believes that
1. the complainant has available to him another
remedy or channel of complaint which he could reasonably be expected to
use;chanroblesvirtualawlibrary
2. the grievance pertains to a matter outside the
Tanodbayan's power;chanroblesvirtualawlibrary
3. the complainant's interest is insufficiently
related to the subject matter;chanroblesvirtualawlibrary
4. the complainant is trivial, frivolous, vexations,
or not made in good faith;chanroblesvirtualawlibrary
5. other complaints are more worthy of attention;chanroblesvirtualawlibrary
6. the tanodbayan's resources are insufficient for
adequate investigation; or
7. the complaint has been too long delayed to
justify present examination of its merits.
(b) After completing his consideration of a
complaint, whether or not it has been investigated, the Tanodbayan
shall suitably inform the complainant and, when appropriate, the
administrative agency or agencies involved.
(c) A letter to the Tanodbayan from a person in a
place of detention or in a hospital or other institution under the
control of an administrative agency shall be immediately forwarded,
unopened, to the Tanodbayan.
Section 13. Consultation with agency. — Before
announcing a conclusion or recommendation that criticizes an
administrative agency or any person, the Tanodbayan shall consult with
that agency or person.
Section 14. Recommendations. — (a) If, having
considered a complaint and whatever material he deems pertinent, the
Tanodbayan is of the opinion that an administrative agency should (1)
consider the matter further, (2) modify or cancel an
administrative act, (3) alter a regulation or ruling, (4) explain fully
the administrative act in question, or (5) take any other step, he
shall state his recommendations to the administrative agency. If the
Tanodbayan so requests, the agency shall, within the time he has
specified, inform him about the action taken on his recommendations or
the reasons for not complying with them; chanroblesvirtualawlibrary
(b) If the Tanodbayan believes that an
administrative action has been dictated by laws whose results are
unfair or otherwise objectionable, he shall bring to the notice of the
National Assembly his views concerning desirable statutory change.
Section 15. Publication of recommendations. —
The Tanodbayan may publish his conclusions, recommendations, and
suggestions by transmitting them to the President, the National
Assembly, or any of its committees, the press, and others who may be
concerned. When publishing an opinion adverse to an administrative
agency or official he shall, unless excused by the agency or official
affected, include the substance of any statement the administrative
agency or official may have made to him by way of explaining past
difficulties or present rejection of the Tanodbayan's proposals.
Section 16. Reports. — In addition to whatever
reports he may make from time to time, the Tanodbayan shall on or about
August 15 of each year report to the National Assembly and to the
President concerning the exercise of his functions during the preceding
calendar year. This report shall be published in the Official Gazette
and copies thereof shall be furnished the provincial governors and city
mayors. In discussing matters with which he has dealt, the Tanodbayan
need not identify those immediately concerned if to do so would cause
needless hardship. So far as the annual report may criticize named
agencies or officials, it must also include the substance of their
replies to the criticism. chanroblesvirtualawlibrary
Section 17. Prosecution of public personnel. — If
the Tanodbayan has reason to believe that any public official,
employee, or other person has acted in a manner resulting in a failure
of justice, he shall file and prosecute the corresponding criminal,
civil, or administrative case before the Sandiganbayan or the proper
court or body.
Section 18. Tanodbayan's immunities. — (a) No
proceeding, opinion, or expression of the Tanodbayan or any member of
his staff, shall be reviewable in any court;chanroblesvirtualawlibrary
(b) No civil action shall lie against the Tanodbayan
or any member of his staff or anything done or said or omitted, in
discharging the responsibilities contemplated by this Decree;chanroblesvirtualawlibrary
(c) Neither the Tanodbayan or any member of his
staff shall be required to testify or produce evidence in any judicial
or administrative proceeding concerning matters within his official
cognizance, except in a proceeding brought to enforce this Decree.
Section 19. Rights and duties of witnesses. — (a) A
person required by the Tanodbayan to provide information shall be paid
the same fees and travel allowances as are extended to witnesses whose
attendance has been required in the course of first instance.
(b) A person who, with or without service of
compulsory process, provides oral or documentary information requested
by the Tanodbayan shall be accorded the same privileges and immunities
as are extended to witnesses in the courts, and shall also be entitled
to be accompanied and advised by counsel while being questioned.
(c) If a person refuses to respond to the
Tanodbayan's subpoena, refuses to be examined or engages in obstructive
misconduct, the Tanodbayan shall certify the facts to the Sandiganbayan
or the court of first instance. The court shall thereupon issues an
order directing the person to appear before the court to show cause why
he should not be punished as for contempt. The order and copy of the
Tanodbayan's certified statement shall be served on the person.
Thereafter the court shall have jurisdiction of the matter. The same
proceedings shall be had, the same penalties may be imposed, and the
person charged may purge himself of the contempt in the same way as in
the case of a person who has committed a contempt in the trial of
a civil action before the court.
Section 20. Obstruction. — A person who willfully
obstructs or hinders the proper exercise of the Tanodbayan's functions,
or who willfully misleads or attempts to mislead the Tanodbayan in his
inquiries, shall be fined not more than P1,000.00.
Section 21. Relation to other laws. — Republic Act
No. 6028 is hereby repealed; but otherwise, the provisions of this
Decree are in addition to and do not in any manner limit or affect the
provisions of any other enactment under which any remedy or right of
appeal is provided for any person, or any procedure is provided for the
inquiry into or investigation of any matter. The powers conferred on
the Tanodbayan may be exercised notwithstanding any provision in any
enactment to the effect that any administrative action shall be final
or unappealable.
Section 22. Appropriation. — There are hereby
authorized to the appropriated such sums as may be necessary to carry
out the provisions of this Decree, and thereafter to be included in the
general appropriation act.
Section 23. Effective date. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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