REVISING PRESIDENTIAL DECREE NO. 1487 CREATING THE OFFICE OF THE OMBUDSMAN, TO BE KNOWN AS TANODBAYAN.

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, hereby order and decree as follows:

SECTION 1. Short Title. – This Decree may be cited as the Tanodbayan Decree.

SEC. 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.

SEC. 3. Appointment. – The President shall appoint the Tanodbayan and his Deputies.

SEC. 4. Qualification. – The Tanodbayan and his Deputies
shall not member of the bar, well equipped to analyze problems of law,
administration, and public policy, and shall not have been actively
involved in partisan affairs.

SEC. 5. Disqualification. – 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 and granted instrumentality thereof
including government-owned or controlled corporations.

SEC. 6. – Term 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 his Deputies has become incapacitated or has been
guilty of neglect of duty, or misconduct.

(b) If the Office of the tanodbayan become vacant for any cause, the
Senior Deputy Tanodbayan shall serve as Acting Tanodbayan until the
Tanodbayan shall have been appointed for a full term.

SEC. 7. Salary. – Unless otherwise provided 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.

SEC. 8. Organization of Office. – (a) The Tanodbayan may
select, appoint, and compensate in accordance with the appropriation,
such assistants and employees for the national and local offices thereof
as he may deem necessary to discharge his responsibilities under this
Decree;

(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;

(c) The Tabodbayan may delegate to other members of his staff any of
his authority or duties under this Decree recommendations to
administrative agencies or reports to the President or the National
Assembly.

SEC. 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,
committee 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 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.

SEC. 10. Powers. – The Tanodbayan shall have the following powers:

1. He may investigate, on complaint by any person or 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;

2. He shall prescribed the methods by which complaints are to
   be mad, 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;

3. 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;

4. 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;

5. 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.

SEC. 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;

2. unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency’s functioning;

3. mistaken in law arbitrary in ascertainments of facts;

4. improper in motivation or based on irrelevant considerations;

5. unclear or inadequately explained when reasons should have been revealed;

6. inefficiently performed; or

7. otherwise objectionable;

   (b) The Tanodbayan may concern himself also with strengthening
   procedures and practices which lessen the risk of occurrence of any
   objectionable administrative acts.

SEC. 12. Action on Complaints. – (a) The Tanodbayan may
receive a complaint form 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;

2. the grievance pertains to a matter outside the Tanodbayan’s power;

3. the complainant’s interest is insufficiently related to the subject matter;

4. the complaint is trivial, frivolous, vexatious, or not made in good faith;

5. other complaints are more worthy of attention;

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 form 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.

SEC. 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.

SEC. 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.

(b) If the Tanodbayan believes that an administrative action has
been dictated by laws whose result are unfair or otherwise
objectionable, he shall bring to the notice of the National Assembly his
views concerning desirable statutory change.

SEC. 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.

SEC. 16. Reports. – In addition to whatever reports he
may make from time to time, the Tanodbayan shall on or about August 15
of each 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, is must also include the substance of their replies to the
criticism.

SEC. 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 Prosecutor of P34,000.00,
which shall not be diminished during their continuance in office.

The Chief Special Prosecutor, the Assistant Chief Special Prosecutor,
and Special Prosecutors shall have the exclusive authority to conduct
preliminary investigation of all cases cognizable by the Sandiganbayan;
to file informations therefore 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 traveling expenses as
the Tanodbayan may determine in accordance with existing laws, rules
and regulations.

No publicity shall be allowed during one 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.

SEC. 18. Special Investigation. – Top assist the Chief
Special Prosecutor in the performance of his duties, the 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 therefore, 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, traveling 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-owned or controlled corporation in the performance of
his duties and functions as herein provided.

SEC. 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 Tanodbayan
shall make the appropriate recommendations to the administrative agency
concerned.

SEC. 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;

(b) No civil action shall lie against the Tanodbayan or any member
of his staff for anything don’t or said or omitted, in discharging the
responsibilities contemplated by this Decree;

(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.

SEC. 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.

(d) 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 to
the contempt in the same way as in the case of a person who was
committed a contempt in the trial of criminal or civil action before the
court.

SEC. 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.

SEC. 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 the Decree hereby repealed; but, otherwise, the provisions of the
Decree are in addition to and do not limit or affect the provisions of
any other enactment under which 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.

SEC. 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 appropriation act.

SEC. 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.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JACOBO C. CLAVE
		Presidential Assistant