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PRESIDENTIAL DECREE NO. 1607
PRESIDENTIAL DECREE NO. 1607 -
REVISING PRESIDENTIAL DECREE NO. 1487 CREATING THE OFFICE OF THE
OMBUDSMAN, TO BE KNOWN AS TANODBAYAN
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chanroblesvirtualawlibrary
To give
effect to the constitutional right of the people to petition the
government for redress for 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, hereby order and decree as follows:cralaw:red
Section 1. Short Title. — This Decree may be cited as
the Tanodbayan Decree.
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.
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;chanroblesvirtualawlibrary
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 privilege granted by, the Government, or any
subdivision, agency, or instrumentality thereof including
government-owned or controlled corporations.
Section 6. Terms of Office. — (a) The 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 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. chanroblesvirtualawlibrary
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 diminished 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 for the national and local offices
thereof 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. chanroblesvirtualawlibrary
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 except members thereof
performing executive functions; (3) the President or his personal
staff; and (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, or of the failure or 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 by any person or
on his own motion or initiative, any administrative act whether
amounting to any criminal offense or not of any administrative agency
including any government-owned or controlled corporation;chanroblesvirtualawlibrary
(b) He shall prescribed 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
to 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 to testimony, or produce documentary or other
evidence the Tanodbayan deems relevant to a matter under his inquiry;chanroblesvirtualawlibrary
(e) He may undertake, participate in, 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.
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
considerations;chanroblesvirtualawlibrary
5. unclear or inadequately explained when reasons
should have been revealed;chanroblesvirtualawlibrary
6. inefficiently performed; or
7. otherwise objectionable;chanroblesvirtualawlibrary
(b) The Tanodbayan may concern himself also with
strengthening procedures and practices which lessen the risk of
occurrence of any objectionable administrative acts.
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 complaint is trivial, frivolous, vexatious, or
not made in good faith;chanroblesvirtualawlibrary
5. other complaints are 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 complaint 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. chanroblesvirtualawlibrary
Section 13. Consultation with Agency. — Before
announcing a conclusion or recommendation that criticizes and
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 or 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. chanroblesvirtualawlibrary
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.
Section 17. Office of the Chief Special Prosecutor. —
There is hereby created in the Office of the Tanodbayan an Office of
the Chief Special Prosecutor composed of a Chief Special Prosecutor, an
Assistant Chief Special Prosecutor, and nine (9) Special Prosecutors,
who shall have the same qualifications as provincial and city fiscals
and who shall be appointed by the President; Provided, that the
President may, in his discretion, designate the Chief State Prosecutor
of the Ministry of Justice or any other ranking official in the
prosecutory arm of the government as Ex-Officio Chief Special
Prosecutor and/or Assistant Chief Special Prosecutor. Except when the
offices of the Chief State Prosecutor and/or Assistant Chief Special
Prosecutor are filled by designation or held in an ex-officio capacity
as above-provided, in which case the incumbents shall not receive any
additional compensation other than such allowances, per diems and
traveling expenses as may be determined by the Tanodbayan in accordance
with existing law, rules and regulation, the Chief Special Prosecutor
shall have an annual compensation of P40,000.00, the Assistant Chief
Special Prosecutor of P38,000.00, and Special Prosecutors of
P34,000.00, which shall not be diminished during their continuance in
office. chanroblesvirtualawlibrary
The Chief Special Prosecutor, the Assistant Chief Special Prosecutor,
and the Special Prosecutors shall have the exclusive authority to
conduct preliminary investigation of all cases cognizable by the
Sandiganbayan; to file informations thereof and to direct and control
the prosecution of said cases therein; Provided, however, that the
Tanodbayan may, upon recommendation of the Chief Special Prosecutor,
designate any fiscal, state prosecutor or lawyer in the government
service to act as Special Prosecutor to assist in the investigation and
prosecution of all cases cognizable by the Sandiganbayan who shall not
receive any additional compensation except such allowances, per diems
and travelling expenses as the Tanodbayan may determine in accordance
with existing laws, rules and regulations.
No publicity shall be allowed during the pendency of such preliminary
investigation and the name of the complainant and the accused shall not
be made public until an information is filed with the Sandiganbayan.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor,
Special Prosecutors and Prosecutor/lawyers designated as herein
provided shall have the 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 to 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 Sandiganbayan or before any inferior or superior
court having jurisdiction of the place where the witness or evidence is
found.
The Chief Special Prosecutor, Assistant State Prosecutor, Special
Prosecutor and those designated to assist them as herein provided for
shall be under the control and supervision of the Tanodbayan and their
resolutions and actions shall not be subject to review by any
administrative agency. chanroblesvirtualawlibrary
Section 18. Special Investigators. — To assist the
Chief Special Prosecutor in the performance of his duties, and
Tanodbayan may, upon recommendation of the Chief Special Prosecutor,
appoint and compensate such number of Special Investigators and
subordinate personnel as may be deemed necessary thereof, and/or detail
to the Office of the Chief Special Prosecutor, any officer or employees
of the Government or of any government-owned or controlled corporation;
provided, that those designated shall not receive additional
compensation except per diems, travelling and necessary expenses as may
be determined by the Tanodbayan in accordance with existing laws, rules
and regulations. The Special Investigators and subordinate personnel
shall be under the supervision and control of the Chief Special
Prosecutor and their appointment shall be subject to the Civil Service
law and rules.
The Tanodbayan may, upon proper request of the Chief Special
Prosecutor, require the assistance and services of any department,
agency or bureau of the government or of any government-owned or
controlled corporation in the performance of his duties and functions
as herein provided.
Section 19. Prosecution of Public Personnel or Other
person. — If the Tanodbayan has reason to believe that any public
official, employee, or other person has acted in a manner warranting
criminal or disciplinary action or proceedings, he shall cause him to
be investigated by the Office of the Chief Special Prosecutor who shall
file and prosecute the corresponding criminal or administrative case
before the Sandiganbayan or the proper court or before the proper
administrative agency. In case of failure of justice, the Sandiganbayan
shall make the appropriate recommendations to the administrative agency
concerned.
Section 20. 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 for anything done or said or omitted, in
discharging the responsibilities contemplated by this Decree;chanroblesvirtualawlibrary
(c) Neither the Tanodbayan nor any member of his
staff shall be required to testify or produce evidence in any judicial,
legislative or administrative proceeding concerning matters within his
official cognizance, except in a proceeding brought to enforce this
Decree.
Section 21. 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 courts of first instance.
(b) A person who, with or without service of
compulsory process, provided 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 assisted 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 issue an
order directing the person to appear before it 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
criminal or civil action before the court.
Section 22. 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 P5,000.00.
Section 23. Repealing Clause and Relation to Other
Laws. — Republic Act No. 6028 and all laws, General Orders.
Presidential Decrees, Letters of Instructions, rules and regulations
inconsistent with this Decree are hereby repealed; but, otherwise, the
provisions of this Decree are in addition to and do not 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 that any administrative action shall be final or unappealable.
Section 24. Appropriation. — There is hereby
appropriated the sum of Five Million Pesos (P5,000,000.00) to carry out
the provisions of this Decree. Thereafter the appropriation for the
Office of the Tanodbayan shall be included in the general
appropriations act. chanroblesvirtualawlibrary
Section 25. This Decree shall take effect immediately.
Done in the City of Manila,
this 10th day of December, in the year of Our Lord, nineteen hundred
and seventy-eight.
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