EXECUTIVE ORDER NO. 243
EXECUTIVE ORDER NO. 243 - CLARING
THE EFFECTIVITY OF THE CREATION OF THE OFFICE OF THE OMBUDSMAN AS
PROVIDED FOR IN THE 1987 CONSTITUTION
WHEREAS,
the 1987 Constitution has created an independent Office of the
Ombudsman.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. The office of the Ombudsman as provided
for under Sec. 5, Article XI, of the 1987 Constitution is hereby
declared to be now in existence.
Sec. 2. The Office of the Ombudsman shall be
composed of the Ombudsman to be known as Tanodbayan, one over-all
Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A
separate Deputy for the Military establishment may likewise be
appointed.
Sec. 3. The officials and employees of the Office
of the Ombudsman, other than the Deputies, shall be appointed by the
Ombudsman according to the Civil Service Law.
Sec. 4. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time of their
appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must have not have
been candidates for any elective office in the immediately preceding
election. The Ombudsman must have for ten years or more been a judge or
engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Sec. 2 of
Article IX-A of this Constitution.
Sec. 5. The Ombudsman and his deputies shall be
appointed by the President from a list of at least six nominees
prepared by the Judicial and Bar Council, and from a list of three
nominees for every vacancy thereafter. Such appointments shall require
no confirmation. All vacancies shall be filled within three months
after they occur.
Sec. 6. The Ombudsman and his Deputies shall have
the rank of Chairman and Members, respectively, of the Constitutional
Commissions, and they shall receive the same salary, which shall not be
decreased during their term of office.
Sec. 7. The Ombudsman and his Deputies shall serve
for a term of seven years without reappointment. They shall not be
qualified to run for any office in the election immediately succeeding
their cessation from office.
Sec. 8. The Ombudsman and his Deputies, as
protectors of the people, shall act promptly on complaints filed in any
form or manner against public officials or employees of the Government,
or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in appropriate
cases, notify the complainants of the action taken and the result
thereof.
Sec. 9. The Office of the Ombudsman shall have the
following powers, functions, and duties:
(1)
Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper, or
inefficient.
(2) Direct,
upon complaint or at its own instance, any public official or employee
of the Government, or any subdivision, agency or instrumentality
thereof, as well as of any government-owned or controlled corporation
with original charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties.
(3) Direct the
officer concerned to take appropriate action against a public official
or employee at fault, and recommend his removal, suspension,
demolition, fine, censure, or prosecution, and ensure compliance
therewith.
(4) Direct the
officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law, to furnish it with copies of
documents relating to contracts of transactions entered into by his
office involving the disbursements or use or public funds or properties
and report any irregularity to the Commission on Audit for appropriate
action.
(5) Request
any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary,
pertinent records and documents.
(6) Publicize
matters covered by its investigation when circumstances so warrant and
with due prudence.
(7) Determine
the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government and make recommendations for their
elimination and the observance of high standards of ethics and
efficiency.
(8) Promulgate
its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law.
Sec. 10. The Office of the Ombudsman shall enjoy
fiscal autonomy. Its approved annual appropriations shall be
automatically and regularly released.
Sec. 11. All laws, orders, issuances, rules and
regulations or parts thereof inconsistent with this Executive Order are
hereby repealed or modified accordingly.
Sec. 12. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 24th day of July, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.