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THE OFFICE OF THE OMBUDSMAN
Frequently
Asked Questions (FAQs)
Q: Who may file cases/complaints before the Office of the Ombudsman?
A: Any Filipino citizen, including resident aliens, of legal age
may file a case before the Office of the Ombudsman in words or in
writing.
Q: Where should the complaint be filed?
A: All complaints, whether administrative or criminal, can be filed
at the Receiving of Complaints, Records Department of the local/main
Ombudsman office. Simple grievances/requests for assistance can
be filed at the Public Assistance Bureau of the local/main Ombudsman
office.
Q: What counts as supporting evidences?
A: Supporting evidences can take the following forms:
- Preliminary
conference (An interview with the complainant to determine if
the case is meritorious.)
- Informal
letters of complaint (Complaints done in writing but without notarization.)
- Formal
complaints (Complaints subscribed and sworn before a lawyer or
notary public.)
- Counter
affidavits
- Replies
to counter affidavits
- Affidavits
of witnesses
- Commission
on Audit Reports (For cases involving irregularities in procurement
or overpricing.)
- Voice
tapes and video tapes
Q: How many copies of documents should be submitted?
A: The Records Department should be furnished with several copies
of the required documents equal to the number of complainants plus
two. Thus, in cases with only one complainant, three copies should
be submitted. If there are two complainants, four copies should
be submitted, five copies for three complainants, and so on.
Q: How long does it usually take for cases to be resolved?
A: In the case of simple requests for assistance (such as requests
for the facilitation of the release of records, etc.) resolution
can happen in the time that it takes to make a phone call. In the
case of criminal charges, due process must be followed, and the
case may take anywhere from several months to several years. The
plunder charges filed against former President Joseph Estrada, for
example, are still in court, due to the time it takes for both parties
to file affidavits, counter-affidavits, witness testimonies, and
the like.
Q: Will the complainants and/or witnesses be protected against
prosecution?
A: Yes, the Ombudsman may grant immunity from prosecution to complainants
and witnesses subject to the guidelines set forth by Rule V, Section
I of Administrative Order No. 07, Rules of Procedure of the Office
of the Ombudsman:
Any
person whose testimony or production of documents or other evidence
is necessary to determine the truth in any inquiry, hearing, or
proceeding being conducted by the Office of the Ombudsman or under
its authority in the performance or furtherance of its constitutional
functions and statutory objectives, including preliminary investigation,
may be granted immunity from criminal prosecution by the Ombudsman,
upon such terms and conditions as the Ombudsman may determine,
taking into account the pertinent provisions of the Rules of Court.
Such
immunity may be granted upon application of the concerned party,
the investigating, hearing, or prosecuting officer, or at the
instance of the Ombudsman. Provided, however, that in all cases,
the concerned party shall execute an affidavit reciting the substance
of his proposed testimony and/or the nature of the evidence in
his possession.
In
all hearing, inquiries, and proceeding of the Office of the Ombudsman,
including preliminary investigation of the offenses, no person
subpoenaed to testify as a witness shall be excused from attending
and testifying or from producing books, testimony or evidence,
documentary or otherwise, required of him which may tend to incriminate
him or subject him to prosecution. Provided, that no person shall
be prosecuted criminal for on account of any matter, concerning
which he is compelled to testify and produce evidence, after having
claimed the privilege against self-incrimination.
The
grant of immunity from criminal prosecution under the preceding
paragraphs may be revoked upon proper notice in the event that
the person granted immunity subsequently retracts his statement,
or fails or refuses to testify or produce evidence in court in
accordance with the sworn statement upon which his immunity was
granted.
Neither
shall such grant of immunity exempt the party concerned from criminal
prosecution for perjury or false testimony, nor shall he be exempt
from demotion or removal from office.
Q: Will the identity of the complainant be kept confidential?
A: Complainants who wish to keep their identities confidential
should write an anonymous complaint addressed to the Ombudsman,
i.e., the Hon. Simeon V Marcelo.
(From Guide to government processes and transactions: Filing charges and complaints with the Office of the Ombudsman, by Dexter Osorio and Vina Vicente)
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Backgrounding Officials
Documents to look for
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Official biodata
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Newspapers,
magazines, and newsletters
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Biographies,
family histories, genealogies, and Who's Who Directories and
yearbooks
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Listings
of trade and professional organizations
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Statements
of assets
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Land
records
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Corporate
records
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Vehicle
registration records
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Licenses
and permits (for firearms, business, etc.)
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School
records
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Civil
registry records (birth, marriage, etc.)
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Voter
registration records
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Record
of campaign expenditures
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Speeches
and papers
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Immigration
(arrival and departure) records
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