Section 1: Public Trust established, comprising the Ombudsman and at least one
- Summary: This section establishes that public office is a Deputy each for Luzon, Visayas, and Mindanao. A separate
public trust. Public officials and employees are accountable to Deputy for the military establishment may also be appointed.
the people and must act with responsibility, integrity, loyalty,
efficiency, patriotism, justice, and modesty. - Explanation: This section creates a new, independent body
to investigate complaints of government misconduct. The
- Explanation: This sets the ethical foundation for public decentralized structure with regional deputies ensures
service. It emphasizes the responsibility of those in power to broader reach and responsiveness.
serve the public good and maintain high standards of
conduct. Section 6: Ombudsman Staff
- Summary: Ombudsman staff (excluding Deputies) are
Section 2: Grounds for Impeachment appointed by the Ombudsman according to Civil Service Law.
- Summary: This section outlines the grounds for
impeachment for the President, Vice-President, Supreme - Explanation: This clarifies the appointment process for the
Court Justices, Constitutional Commission members, and the Ombudsman's staff, ensuring adherence to established civil
Ombudsman. These include culpable violation of the service regulations.
Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. Other public officials and Section 7: Office of the Special Prosecutor
employees can be removed from office through other legal - Summary: The existing Tanodbayan (Office of the Special
means, but not impeachment. Prosecutor) is renamed the Office of the Special Prosecutor
and continues its functions, except for powers transferred to
- Explanation: This section specifies the serious offenses that the newly created Office of the Ombudsman.
warrant the removal of high-ranking officials through the
impeachment process. It distinguishes between the - Explanation: This section renames and restructures the
impeachment process for top officials and the standard Office of the Special Prosecutor, clarifying its relationship to
removal procedures for other public servants. the newly established Office of the Ombudsman.
Section 3: Impeachment Process Section 8: Qualifications of the Ombudsman and
- Summary: This section details the impeachment process. Deputies
The House of Representatives initiates impeachment cases. - Summary: The Ombudsman and Deputies must be natural-
A verified complaint can be filed by a House member or a born Filipino citizens, at least 40 years old, members of the
citizen with a resolution or endorsement. The House Philippine Bar, and have at least ten years' experience as a
Committee investigates and submits a report to the House. A judge or in the practice of law. They cannot have been
one-third vote in the House is needed to proceed with candidates in the immediately preceding election. During their
impeachment. If at least one-third of the House files the tenure, they are subject to the same disqualifications and
complaint, it automatically constitutes the Articles of prohibitions as provided in Section 2 of Article 1X-A of the
Impeachment. Impeachment proceedings against the same Constitution.
official cannot be initiated more than once a year.
- Explanation: This section sets high standards for the
- Explanation: This section provides a step-by-step procedure integrity and experience of the Ombudsman and Deputies,
for initiating and pursuing impeachment. It outlines the roles ensuring they possess the necessary qualifications for their
of the House of Representatives and its committees in the roles.
process, emphasizing the need for a sufficient number of
votes to move forward. Section 9: Appointment of the Ombudsman and Deputies
- Summary: The President appoints the Ombudsman and
Section 6: Senate Trial Deputies from a list of at least six nominees prepared by the
- Summary: The Senate has the sole power to try and decide Judicial and Bar Council. Subsequent vacancies are filled
impeachment cases. Senators must be sworn in. The Chief from a list of three nominees. No Senate confirmation is
Justice presides over the President's trial but does not vote. required.
A two-thirds vote of the Senate is required for conviction.
- Explanation: This section outlines the appointment process,
- Explanation: This section describes the Senate's role as the emphasizing the role of the Judicial and Bar Council in
body that conducts the trial. It highlights the importance of ensuring qualified candidates and streamlining the
impartiality and the high threshold required for conviction. appointment procedure by eliminating the need for Senate
confirmation.
Section 7: Judgment and Consequences
- Summary: Impeachment judgment extends only to removal Section 10: Rank and Salary
from office and disqualification from holding future office. - Summary: The Ombudsman and Deputies have the rank of
However, the convicted party remains liable for prosecution, Chairman and Members of Constitutional Commissions and
trial, and further punishment under the law. receive the same salary, which cannot be decreased during
their term.
- Explanation: This section clarifies the limits of
impeachment's consequences. While it removes the - Explanation: This section grants the Ombudsman and
individual from office and bars them from future public Deputies the same status and compensation as members of
service, it doesn't preclude further legal action for the Constitutional Commissions, ensuring their independence
offenses committed. and security.
Section 4: Anti-Graft Court Section 11: Term of Office
- Summary: The existing anti-graft court (Sandiganbayan) will - Summary: The Ombudsman and Deputies serve seven-year
continue to function and exercise its jurisdiction as defined by terms without reappointment and cannot run for office
current or future laws. immediately after their term ends.
- Explanation: This section ensures the continuity of the - Explanation: This section establishes a fixed term to ensure
Sandiganbayan's operations, acknowledging that its functions stability and prevent undue political influence. The restriction
might be modified by subsequent legislation. on immediately seeking other office prevents conflicts of
interest.
Section 5: Office of the Ombudsman Section 12: Removal from Office
- Summary: An independent Office of the Ombudsman is - Summary:Section 12 emphasizes the Ombudsman's role as
a protector of the people, ensuring that complaints are corruption. By restricting access to financial resources, it
handled swiftly and efficiently. aims to minimize the risk of favoritism or bribery influencing
official decisions.
- Explanation: Section 12 describes the Ombudsman's duty
to promptly address complaints against government officials Section 17: Declaration of Assets, Liabilities, and Net
and employees, including government-owned corporations. Worth
- Summary: Public officers and employees must submit
Section 13 details eight key powers, functions, and sworn declarations of their assets, liabilities, and net worth
duties of the Office of the Ombudsman. upon assuming office and as often as required by law. This
- Summary:These include: investigating complaints or information is publicly disclosed for high-ranking officials.
initiating investigations independently; directing action
against public officials or employees found at fault; obtaining - Explanation: This promotes transparency and
necessary documents and information from government accountability. Public disclosure of financial information for
agencies; publicizing findings; determining causes of high-ranking officials allows for public scrutiny and helps
inefficiency, fraud, and corruption; making recommendations deter corruption. It allows the public to monitor the financial
for improvement; and promulgating rules of procedure. The integrity of those in power.
Ombudsman's authority extends to any act or omission that
appears illegal, unjust, improper, or inefficient. Section 18: Allegiance and Citizenship
- Summary: Public officers and employees owe allegiance to
Explanation: the State and its Constitution. Any official who seeks to
This section outlines a broad range of investigative and change citizenship or become an immigrant of another
corrective powers granted to the Ombudsman's office. The country during their tenure will face legal consequences.
ability to investigate independently, rather than solely
reacting to complaints, emphasizes a proactive approach to - Explanation: This reinforces the commitment and loyalty
identifying and addressing government misconduct. The expected from public servants. It aims to prevent conflicts of
power to direct action against officials, including interest that might arise from divided loyalties or foreign
recommending removal or disciplinary action, highlights the influence. It ensures that public officials prioritize the interests
office's authority to enforce accountability. The right to of the State.
request information and documents from other government
agencies ensures access to necessary evidence for thorough
investigations. Publicising matters, determining causes of
problems, and making recommendations completes the cycle
by promoting transparency, identifying systemic issues, and
suggesting improvements to prevent future occurrences. The
final point about promulgating rules of procedure indicates
the office's capacity to establish and maintain its own efficient
operational framework. In essence, Section 13 establishes
the Ombudsman as a powerful and independent body with
the authority to investigate, address, and prevent government
misconduct and inefficiency.
Section 14: Fiscal Autonomy of the Ombudsman's Office
- Summary: This section grants the Office of the Ombudsman
fiscal autonomy, meaning it has independent control over its
budget. Its approved annual budget is automatically and
regularly released.
- Explanation: This ensures the Ombudsman's office can
operate independently without undue influence from other
government branches, crucial for its investigative and
oversight functions. Automatic budget release prevents
delays or interference that could hamper its work.
Section 15: Recovery of Unlawfully Acquired Properties
- Summary: The State retains the right to recover any
property unlawfully acquired by public officials or employees,
regardless of how long ago the acquisition occurred
(prescription, laches, or estoppel are legal doctrines that
might otherwise bar recovery).
- Explanation: This prevents public officials from evading
accountability for corruptly obtained assets. The removal of
typical legal limitations emphasizes the seriousness of such
actions and the State's determination to recover
misappropriated property.
Section 16: Restrictions on Financial Accommodations
- Summary: Government-owned or controlled banks and
financial institutions are prohibited from granting loans,
guarantees, or other financial accommodations to high-
ranking government officials (President, Vice-President,
Cabinet members, Congress, Supreme Court justices,
Constitutional Commissions, and the Ombudsman) or entities
they control.
- Explanation: This prevents conflicts of interest and potential
