Republic of the Philippines

Congress of the Philippines

Metro Manila
Eighth Congress
Republic Act No. 6770 November 17, 199
AN AC! PR"#$%$N& '"R !(E ')NC!$"NA* AN%
+!R)C!)RA* "R&AN$,A!$"N "' !(E "''$CE "' !(E
"-.)%+-AN, AN% '"R "!(ER P)RP"+E+
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
+ection 1. !itle. This ct shall be !no"n as /!he "mbu0sm1n
Act of 199/.
+ection 2. %ecl1r1tion of Polic3. The State shall maintain
honesty and integrity in the public service and ta!e 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 "ith utmost
responsibility$ integrity$ loyalty$ efficiency$ act "ith patriotism and
%ustice and lead modest lives#
+ection 4. "ffice of the "mbu0sm1n. The &ffice of the
&mbudsman shall include the &ffice of the &verall 'eputy$ the &ffice
of the 'eputy for (u)on$ the &ffice of the 'eputy for the *isayas$ the
&ffice of the 'eputy for Mindanao$ the &ffice of the 'eputy for the
rmed +orces$ and the &ffice of the Special Prosecutor# The President
may appoint other 'eputies as the necessity for it may arise$ as
recommended by the &mbudsman#
+ection 5. Appointment. The &mbudsman and his 'eputies$
including the Special Prosecutor$ shall be appointed by the President
from a list of at least t"enty,one -./0 nominees prepared by the
1udicial and Bar Council$ and from a list of three -20 nominees for
each vacancy thereafter$ "hich shall be filled "ithin three -20 months
after it occurs$ each of "hich list shall be published in a ne"spaper of
general circulation#
3n the organi)ation of the &ffice of the &mbudsman for filling up of
positions therein$ regional$ cultural or ethnic considerations shall be
ta!en into account to the end that the &ffice shall be as much as
possible representative of the regional$ ethnic and cultural ma!e,up of
the +ilipino nation#
+ection 6. 7u1lific1tions. The &mbudsman and his 'eputies$
including the Special Prosecutor$ shall be natural,born citi)ens of the
Philippines$ at least forty -450 years old$ of recogni)ed 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 "hether regular or special# The
&mbudsman must have$ for ten -/50 years or more$ been a %udge or
engaged in the practice of la" in the Philippines#
+ection 6. R1n8 1n0 +1l1r3. The &mbudsman and his 'eputies
shall have the same ran!s$ 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
&ffice of the &mbudsman shall receive salaries "hich shall not be less
than those given to comparable positions in any office in the
6overnment#
+ection 7. !erm of "ffice. The &mbudsman and his 'eputies$
including the Special Prosecutor$ shall serve for a term of seven -70
years "ithout reappointment#
+ection . Remov1l9 'illing of #1c1nc3.
-/0 3n accordance "ith the provisions of rticle 83 of the
Constitution$ the &mbudsman 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#
-.0 'eputy or the Special Prosecutor$ may be removed from
office by the President for any of the grounds provided for the
removal of the &mbudsman$ and after due process#
-20 3n case of vacancy in the &ffice of the &mbudsman due to
death$ resignation$ removal or permanent disability of the
incumbent &mbudsman$ the &verall 'eputy shall serve as cting
&mbudsman in a concurrent capacity until a ne" &mbudsman
shall have been appointed for a full term#n case the &verall
'eputy cannot assume the role of cting &mbudsman$ the
President may designate any of the 'eputies$ or the Special
Prosecutor$ as cting &mbudsman#
-40 3n case of temporary absence or disability of the
&mbudsman$ the &verall 'eputy shall perform the duties of the
&mbudsman until the &mbudsman returns or is able to perform
his duties#
+ection 9. Prohibitions 1n0 %is:u1lific1tions. The
&mbudsman$ his 'eputies 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 "ith$ or in any franchise$ or special privilege granted by
the 6overnment or any subdivision$ agency or instrumentality thereof$
including government,o"ned or controlled corporations or their
subsidiaries# They shall strictly avoid conflict of interest in the conduct
of their office# They shall not be 9ualified to run for any office in the
election immediately follo"ing their cessation from office# They shall
not be allo"ed to appear or practice before the &mbudsman for t"o
-.0 years follo"ing their cessation from office#
:o spouse or relative by consanguinity or affinity "ithin the fourth
civil degree and no la"$ business or professional partner or associate
of the &mbudsman$ his 'eputies or Special Prosecutor "ithin one -/0
year preceding the appointment may appear as counsel or agent on
any matter pending before the &ffice of the &mbudsman or transact
business directly or indirectly there"ith#
This dis9ualification shall apply during the tenure of the official
concerned# This dis9ualification li!e"ise e;tends to the la"$ business
or professional firm for the same period#
+ection 10. %isclosure of Rel1tionship. 3t shall be the duty of
the &mbudsman$ his 'eputies$ including the Special Prosecutor to
ma!e under oath$ to the best of their !no"ledge and<or information$
a public disclosure of the identities of$ and their relationship "ith the
persons referred to in the preceding section#
The disclosure shall be filed "ith the &ffice of the President and the
&ffice of the &mbudsman 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 re9uest#
+ection 11. +tructur1l "rg1ni;1tion. The authority and
responsibility for the e;ercise of the mandate of the &ffice of the
&mbudsman and for the discharge of its po"ers and functions shall
be vested in the &mbudsman$ "ho shall have supervision and control
of the said office#
-/0 The &ffice of the &mbudsman may organi)e 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 ran! and salary of line bureau directors#
-.0 The &ffice of the &verall 'eputy shall oversee and administer
the operations of the different offices under the &ffice of
&mbudsman#t shall li!e"ise perform such other functions and
duties assigned to it by the &mbudsman#
-20 The &ffice of the Special Prosecutor shall be composed of the
Special Prosecutor and his prosecution staff# The &ffice of the
Special Prosecutor shall be an organic component of the &ffice of
the &mbudsman and shall be under the supervision and control
of the &mbudsman#
-40 The &ffice of the Special Prosecutor shall$ under the
supervision and control and upon the authority of the
&mbudsman$ have the follo"ing po"ers:
-a0 To conduct preliminary investigation and prosecute
criminal cases "ithin the %urisdiction of the Sandiganbayan=
-b0 To enter into plea bargaining agreements= and
-c0 To perform such other duties assigned to it by the
&mbudsman#
The Special Prosecutor shall have the ran! and salary of a
'eputy &mbudsman#
->0 The position structure and staffing pattern of the &ffice of the
&mbudsman$ including the &ffice of the Special Prosecutor$ shall
be approved and prescribed by the &mbudsman# The
&mbudsman shall appoint all officers and employees of the &ffice
of the &mbudsman$ including those of the &ffice of the Special
Prosecutor$ in accordance "ith the Civil Service (a"$ rules and
regulations#
+ection 12. "ffici1l +t1tions. The &mbudsman$ the &verall
'eputy$ the 'eputy for (u)on$ and the 'eputy for the rmed +orces
shall hold office in Metropolitan Manila= the 'eputy for the *isayas$ in
Cebu City= and the 'eputy for Mindanao$ in 'avao City# The
&mbudsman may transfer their stations "ithin their respective
geographical regions$ as public interest may re9uire#
+ection 14. -1n01te. The &mbudsman and his 'eputies$ as
protectors of the people$ shall act promptly on complaints filed in any
form or manner against officers or employees of the 6overnment$ or
of any subdivision$ agency or instrumentality thereof$ including
government,o"ned or controlled corporations$ and enforce their
administrative$ civil and criminal liability in every case "here the
evidence "arrants in order to promote efficient service by the
6overnment to the people#
+ection 15. Restrictions. :o "rit of in%unction shall be issued by
any court to delay an investigation being conducted by the
&mbudsman under this ct$ unless there is a prima facie evidence
that the sub%ect matter of the investigation is outside the %urisdiction
of the &ffice of the &mbudsman#
:o court shall hear any appeal or application for remedy against the
decision or findings of the &mbudsman$ e;cept the Supreme Court$
on pure 9uestion of la"#
+ection 16. Po<ers, 'unctions 1n0 %uties. The &ffice of the
&mbudsman shall have the follo"ing po"ers$ functions and duties:
-/0 3nvestigate and prosecute on its o"n or on complaint by any
person$ any act or omission of any public officer or employee$
office or agency$ "hen such act or omission appears to be illegal$
un%ust$ improper or inefficient#t has primary %urisdiction over
cases cogni)able by the Sandiganbayan and$ in the e;ercise of
this primary %urisdiction$ it may ta!e over$ at any stage$ from any
investigatory agency of 6overnment$ the investigation of such
cases=
-.0 'irect$ upon complaint or at its o"n instance$ any officer or
employee of the 6overnment$ or of any subdivision$ agency or
instrumentality thereof$ as "ell as any government,o"ned or
controlled corporations "ith original charter$ to perform and
e;pedite any act or duty re9uired by la"$ or to stop$ prevent$ and
correct any abuse or impropriety in the performance of duties=
-20 'irect the officer concerned to ta!e appropriate action against
a public officer or employee at fault or "ho neglect to perform an
act or discharge a duty re9uired by la"$ and recommend his
removal$ suspension$ demotion$ fine$ censure$ or prosecution$
and ensure compliance there"ith= or enforce its disciplinary
authority as provided in Section ./ of this ct: provided$ that the
refusal by any officer "ithout %ust cause to comply "ith an order
of the &mbudsman to remove$ suspend$ demote$ fine$ censure$
or prosecute an officer or employee "ho is at fault or "ho
neglects to perform an act or discharge a duty re9uired by la"
shall be a ground for disciplinary action against said officer=
-40 'irect the officer concerned$ in any appropriate case$ and
sub%ect to such limitations as it may provide in its rules of
procedure$ to furnish it "ith 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 udit for appropriate action=
->0 Re9uest any government agency for assistance and
information necessary in the discharge of its responsibilities$ and
to e;amine$ if necessary$ pertinent records and documents=
-?0 Publici)e matters covered by its investigation of the matters
mentioned in paragraphs -/0$ -.0$ -20 and -40 hereof$ "hen
circumstances so "arrant and "ith due prudence: provided$ that
the &mbudsman under its rules and regulations may determine
"hat cases may not be made public: provided$ further$ that any
publicity issued by the &mbudsman shall be balanced$ fair and
true=
-70 'etermine the causes of inefficiency$ red tape$
mismanagement$ fraud$ and corruption in the 6overnment$ and
ma!e recommendations for their elimination and the observance
of high standards of ethics and efficiency=
-@0 dminister oaths$ issue subpoena and subpoena duces
tecum$ and ta!e testimony in any investigation or in9uiry$
including the po"er to e;amine and have access to ban!
accounts and records=
-A0 Punish for contempt in accordance "ith the Rules of Court
and under the same procedure and "ith the same penalties
provided therein=
-/50 'elegate to the 'eputies$ or its investigators or
representatives such authority or duty as shall ensure the
effective e;ercise or performance of the po"ers$ functions$ and
duties herein or hereinafter provided=
-//0 3nvestigate and initiate the proper action for the recovery of
ill,gotten and<or une;plained "ealth amassed after +ebruary .>$
/A@? and the prosecution of the parties involved therein#
The &mbudsman shall give priority to complaints filed against high
ran!ing government officials and<or those occupying supervisory
positions$ complaints involving grave offenses as "ell as complaints
involving large sums of money and<or properties#
+ection 16. Applic1bilit3. The provisions of this ct shall apply
to all !inds of malfeasance$ misfeasance$ and non,feasance that have
been committed by any officer or employee as mentioned in Section
/2 hereof$ during his tenure of office#
+ection 17. $mmunities. 3n all hearings$ in9uiries$ and
proceedings of the &mbudsman$ including preliminary investigations
of offenses$ nor person subpoenaed to testify as a "itness shall be
e;cused from attending and testifying or from producing boo!s$
papers$ correspondence$ memoranda and<or other records on the
ground that the testimony or evidence$ documentary or other"ise$
re9uired of him$ may tend to incriminate him or sub%ect him to
prosecution: provided$ that no person shall be prosecuted criminally
for or on account of any matter concerning "hich he is compelled$
after having claimed the privilege against self,incrimination$ to testify
and produce evidence$ documentary or other"ise#
Bnder such terms and conditions as it may determine$ ta!ing into
account the pertinent provisions of the Rules of Court$ the
&mbudsman may grant immunity from criminal prosecution to any
person "hose testimony or "hose possession and production of
documents or other evidence may be necessary to determine the
truth in any hearing$ in9uiry or proceeding being conducted by the
&mbudsman or under its authority$ in the performance or in the
furtherance of its constitutional functions and statutory ob%ectives#
The immunity granted under this and the immediately preceding
paragraph shall not e;empt the "itness from criminal prosecution for
per%ury or false testimony nor shall he be e;empt from demotion or
removal from office#
ny refusal to appear or testify pursuant to the foregoing provisions
shall be sub%ect to punishment for contempt and removal of the
immunity from criminal prosecution#
+ection 1. Rules of Proce0ure.
-/0 The &ffice of the &mbudsman shall promulgate its rules of
procedure for the effective e;ercise or performance of its po"ers$
functions$ and duties#
-.0 The rules of procedure shall include a provision "hereby the
Rules of Court are made suppletory#
-20 The rules shall ta!e effect after fifteen -/>0 days follo"ing the
completion of their publication in the &fficial 6a)ette or in three
-20 ne"spapers of general circulation in the Philippines$ one of
"hich is printed in the national language#
+ection 19. A0ministr1tive Compl1ints. The &mbudsman shall
act on all complaints relating$ but not limited to acts or omissions
"hich:
-/0 re contrary to la" or regulation=
-.0 re unreasonable$ unfair$ oppressive or discriminatory=
-20 re inconsistent "ith the general course of an agencyCs
functions$ though in accordance "ith la"=
-40 Proceed from a mista!e of la" or an arbitrary ascertainment
of facts=
->0 re in the e;ercise of discretionary po"ers but for an
improper purpose= or
-?0 re other"ise irregular$ immoral or devoid of %ustification#
+ection 20. E=ceptions. The &ffice of the &mbudsman may not
conduct the necessary investigation of any administrative act or
omission complained of if it believes that:
-/0 The complainant has an ade9uate remedy in another %udicial
or 9uasi,%udicial body=
-.0 The complaint pertains to a matter outside the %urisdiction of
the &ffice of the &mbudsman=
-20 The complaint is trivial$ frivolous$ ve;atious or made in bad
faith=
-40 The complainant has no sufficient personal interest in the
sub%ect matter of the grievance= or
->0 The complaint "as filed after one -/0 year from the
occurrence of the act or omission complained of#
+ection 21. "ffici1l +ub>ect to %isciplin1r3 Authorit39
E=ceptions. The &ffice of the &mbudsman shall have disciplinary
authority over all elective and appointive officials of the 6overnment
and its subdivisions$ instrumentalities and agencies$ including
Members of the Cabinet$ local government$ government,o"ned or
controlled corporations and their subsidiaries$ e;cept over officials
"ho may be removed only by impeachment or over Members of
Congress$ and the 1udiciary#
+ection 22. $nvestig1tor3 Po<er. The &ffice of the
&mbudsman shall have the po"er to investigate any serious
misconduct in office allegedly committed by officials removable by
impeachment$ for the purpose of filing a verified complaint for
impeachment$ if "arranted#
3n all cases of conspiracy bet"een an officer or employee of the
government and a private person$ the &mbudsman and his 'eputies
shall have %urisdiction to include such private person in the
investigation and proceed against such private person as the evidence
may "arrant# The officer or employee and the private person shall be
tried %ointly and shall be sub%ect to the same penalties and liabilities#
+ection 24. 'orm1l $nvestig1tion.
-/0 dministrative investigations conducted by the &ffice of the
&mbudsman shall be in accordance "ith its rules of procedure
and consistent "ith due process#
-.0 t its option$ the &ffice of the &mbudsman may refer certain
complaints to the proper disciplinary authority for the institution
of appropriate administrative proceedings against erring public
officers or employees$ "hich shall be determined "ithin the
period prescribed in the civil service la"# ny delay "ithout %ust
cause in acting on any referral made by the &ffice of the
&mbudsman shall be a ground for administrative action against
the officers or employees to "hom such referrals are addressed
and shall constitute a graft offense punishable by a fine of not
e;ceeding +ive thousand pesos -P>$555#550#
-20 3n any investigation under this ct the &mbudsman may: -a0
enter and inspect the premises of any office$ agency$ commission
or tribunal= -b0 e;amine and have access to any boo!$ record$
file$ document or paper= and -c0 hold private hearings "ith both
the complaining individual and the official concerned#
+ection 25. Preventives +uspension. The &mbudsman or his
'eputy may preventively suspend any officer or employee under his
authority pending an investigation$ if in his %udgment the evidence of
guilt is strong$ and -a0 the charge against such officer or employee
involves dishonesty$ oppression or grave misconduct or neglect in the
performance of duty= -b0 the charges "ould "arrant removal from the
service= or -c0 the respondentCs continued stay in office may pre%udice
the case filed against him#
The preventive suspension shall continue until the case is terminated
by the &ffice of the &mbudsman but not more than si; -?0 months$
"ithout pay$ e;cept "hen the delay in the disposition of the case by
the &ffice of the &mbudsman is due to the fault$ negligence or
petition of the respondent$ in "hich case the period of such delay
shall not be counted in computing the period of suspension herein
provided#
+ection 26. Pen1lties.
-/0 3n administrative proceedings under Presidential 'ecree :o#
@57$ the penalties and rules provided therein shall be applied#
-.0 3n other administrative proceedings$ the penalty ranging from
suspension "ithout pay for one -/0 year to dismissal "ith
forfeiture of benefits or a fine ranging from +ive thousand pesos
-P>$555#550 to t"ice the amount malversed$ illegally ta!en or
lost$ or both at the discretion of the &mbudsman$ ta!ing into
consideration circumstances that mitigate or aggravate the
liability of the officer or employee found guilty of the complaint or
charges#
+ection 26. $n:uiries.
-/0 The &ffice of the &mbudsman shall in9uire into acts or
omissions of a public officer$ employee$ office or agency "hich$
from the reports or complaints it has received$ the &mbudsman
or his 'eputies consider to be:
-a0 contrary to la" or regulation=
-b0 unreasonable$ unfair$ oppressive$ irregular or inconsistent
"ith the general course of the operations and functions of a
public officer$ employee$ office or agency=
-c0 an error in the application or interpretation of la"$ rules
or regulations$ or a gross or palpable error in the
appreciation of facts=
-d0 based on improper motives or corrupt considerations=
-e0 unclear or inade9uately e;plained "hen reasons should
have been revealed= or
-f0 inefficient performed or other"ise ob%ectionable#
-.0 The &fficer of the &mbudsman shall receive complaints from
any source in "hatever form concerning an official act or
omission#t 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#f it
finds a reasonable ground to investigate further$ it shall first
furnish the respondent public officer or employee "ith a
summary of the complaint and re9uire him to submit a "ritten
ans"er "ithin seventy,t"o -7.0 hours from receipt thereof#f the
ans"er is found satisfactory$ it shall dismiss the case#
-20 Dhen the complaint consists in delay or refusal to perform a
duty re9uired by la"$ or "hen urgent action is necessary to
protect or preserve the rights of the complainant$ the &ffice of
the &mbudsman shall ta!e steps or measures and issue such
orders directing the officer$ employee$ office or agency concerned
to:
-a0 e;pedite the performance of duty=
-b0 cease or desist from the performance of a pre%udicial act=
-c0 correct the omission=
-d0 e;plain fully the administrative act in 9uestion= or
-e0 ta!e any other steps as may be necessary under the
circumstances to protect and preserve the rights of the
complainant#
-40 ny delay or refusal to comply "ith the referral or directive of
the &mbudsman or any of his 'eputies$ shall constitute a ground
for administrative disciplinary action against the officer or
employee to "hom it "as addressed#
+ection 27. Effectivit3 1n0 'in1lit3 of %ecisions. -/0 ll
provisionary orders of the &ffice of the &mbudsman are immediately
effective and e;ecutory#
motion for reconsideration of any order$ directive or decision of the
&ffice of the &mbudsman must be filed "ithin five ->0 days after
receipt of "ritten notice and shall be entertained only on any of the
follo"ing grounds:
-/0 :e" evidence has been discovered "hich materially affects
the order$ directive or decision=
-.0 Errors of la" or irregularities have been committed pre%udicial
to the interest of the movant# The motion for reconsideration
shall be resolved "ithin three -20 days from filing: provided$ that
only one motion for reconsideration shall be entertained#
+indings of fact by the &fficer of the &mbudsman "hen supported by
substantial evidence are conclusive# ny order$ directive or decision
imposing the penalty of public censure or reprimand$ suspension of
not more than one -/0 monthCs salary shall be final and unappealable#
3n all administrative disciplinary cases$ orders$ directives$ or decisions
of the &ffice of the &mbudsman may be appealed to the Supreme
Court by filing a petition for certiorari "ithin ten -/50 days from
receipt of the "ritten notice of the order$ directive or decision or
denial of the motion for reconsideration in accordance "ith Rule 4> of
the Rules of Court#
The above rules may be amended or modified by the &ffice of the
&mbudsman as the interest of %ustice may re9uire#
+ection 2. $nvestig1tion in -unicip1lities, Cities 1n0
Provinces. The &ffice of the &mbudsman may establish offices in
municipalities$ cities and provinces outside Metropolitan Manila$ under
the immediate supervision of the 'eputies for (u)on$ *isayas and
Mindanao$ "here necessary as determined by the &mbudsman# The
investigation of complaints may be assigned to the regional or
sectoral deputy concerned or to a special investigator "ho shall
proceed in accordance "ith the rules or special instructions or
directives of the &ffice of the &mbudsman# Pending investigation the
deputy or investigator may issue orders and provisional remedies
"hich are immediately e;ecutory sub%ect to revie" by the
&mbudsman# Dithin three -20 days after concluding the investigation$
the deputy or investigator shall transmit$ together "ith the entire
records of the case$ his report and conclusions to the &ffice of the
&mbudsman# Dithin five ->0 days after receipt of said report$ the
&mbudsman shall render the appropriate order$ directive or decision#
+ection 29. Ch1nge of )n>ust *1<s. 3f the &mbudsman
believes that a la" or regulation is unfair or un%ust$ he shall
recommend to the President and to Congress the necessary changes
therein or the repeal thereof#
+ection 40. !r1nsmitt1l?Public1tion of %ecision. 3n every
case "here the &mbudsman 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# Dhen transmitting his adverse decision$ conclusion
or recommendation$ he shall$ unless e;cused by the agency or official
affected$ include the substance of any statement the public agency or
official may have made to him by "ay of e;plaining past difficulties
"ith or present re%ection of the &mbudsmanCs proposals#
+ection 41. %esign1tion of $nvestig1tors 1n0 Prosecutors.
The &mbudsman may utili)e the personnel of his office and<or
designate or deputi)e any fiscal$ state prosecutor or la"yer in the
government service to act as special investigator or prosecutor to
assist in the investigation and prosecution of certain cases# Those
designated or deputi)ed to assist him herein provided shall be under
his supervision and control#
The &mbudsman and his investigators and prosecutors$ "hether
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 "itnesses to appear
and testify under oath before them and<or bring boo!s$ documents
and other things under their control$ and to secure the attendance or
presence of any absent or recalcitrant "itness through application
before the Sandiganbayan or before any inferior or superior court
having %urisdiction of the place "here the "itness or evidence is
found#
+ection 42. Rights 1n0 %uties of @itness.
-/0 person re9uired by the &mbudsman to provide the
information shall be paid the same fees and travel allo"ances as
are e;tended to "itnesses "hose attendance has been re9uired
in the trial courts# Bpon re9uest of the "itness$ the &mbudsman
shall also furnish him such security for his person and his family
as may be "arranted by the circumstances# +or this purpose$ the
&mbudsman may$ at its e;pense$ call upon any police or
constabulary unit to provide the said security#
-.0 person "ho$ "ith or "ithout service or compulsory process$
provides oral or documentary information re9uested by the
&mbudsman shall be accorded the same privileges and
immunities as are e;tended to "itnesses in the courts$ and shall
li!e"ise be entitled to the assistance of counsel "hile being
9uestioned#
-20 3f a person refuses to respond to the &mbudsmanCs or his
'eputyCs subpoena$ or refuses to be e;amined$ or engages in
obstructive conduct$ the &mbudsman or his 'eputy shall issue an
order directing the person to appear before him to sho" cause
"hy he should not be punished for contempt# The contempt
proceedings shall be conducted pursuant to the provisions of the
Rules of Court#
+ection 44. %ut3 to Ren0er Assist1nce to the "ffice of the
"mbu0sm1n. ny officer or employee of any department$ bureau
or office$ subdivision$ agency or instrumentality of the 6overnment$
including government,o"ned or controlled corporations and local
governments$ "hen re9uired by the &mbudsman$ his 'eputy or the
Special Prosecutor shall render assistance to the &ffice of the
&mbudsman#
+ection 45. Annu1l Report. The &ffice of the &mbudsman shall
render an annual report of its activities and performance to the
President and to Congress to be submitted "ithin thirty -250 days
from the start of the regular session of Congress#
+ection 46. -1licious Prosecution. ny person "ho$ actuated
by malice or gross bad faith$ files a completely un"arranted or false
complaint against any government official or employee shall be
sub%ect to a penalty of one -/0 month and one -/0 day to si; -?0
months imprisonment and a fine not e;ceeding +ive thousand pesos
-P>$555#550#
+ection 46. Pen1lties for "bstruction. ny person "ho "illfully
obstructs or hinders the proper e;ercise of the functions of the &ffice
of the &mbudsman or "ho "illfully misleads or attempts to mislead
the &mbudsman$ his 'eputies and the Special Prosecutor in replying
to their in9uiries shall be punished by a fine of not e;ceeding +ive
thousand pesos -P>$555#550#
+ection 47. 'r1n8ing Privilege. ll official mail matters and
telegrams of the &mbudsman addressed for delivery "ithin the
Philippines shall be received$ transmitted$ and delivered free of
charge: provided$ that such mail matters "hen addressed to private
persons or nongovernment offices shall not e;ceed one hundred and
t"enty -/.50 grams# ll mail matters and telegrams sent through
government telegraph facilities containing complaints to the &ffice of
the &mbudsman shall be transmitted free of charge$ provided that the
telegram shall contain not more than one hundred fifty -/>50 "ords#
+ection 4. 'isc1l Autonom3. The &ffice of the &mbudsman
shall en%oy fiscal autonomy# ppropriations for the &ffice of the
&mbudsman may not be reduced belo" the amount appropriated for
the previous years and$ after approval$ shall be automatically and
regularly released#
+ection 49. Appropri1tions. The appropriation for the &ffice of
the Special Prosecutor in the current 6eneral ppropriations ct is
hereby transferred to the &ffice of the &mbudsman# Thereafter$ such
sums as may be necessary shall be included in the annual 6eneral
ppropriations ct#
+ection 50. +ep1r1bilit3 Cl1use. 3f any provision of this ct is
held unconstitutional$ other provisions not affected thereby shall
remain valid and binding#
+ection 51. Repe1ling Cl1use. ll la"s$ presidential decrees$
letters of instructions$ e;ecutive orders$ rules and regulations insofar
as they are inconsistent "ith this ct$ are hereby repealed or
amended as the case may be#
+ection 52. Effectivit3. This ct shall ta!e effect after fifteen
-/>0 days follo"ing its publication in the &fficial 6a)ette or in three
-20 ne"spapers of general circulation in the Philippines#
pproved: November 17, 199.