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PRESIDENTIAL DECREE NO. 1630
PRESIDENTIAL DECREE NO. 1630 -
FURTHER REVISING PRESIDENTIAL DECREE NO. 1487, AS REVISED BY
PRESIDENTIAL DECREE NO. 1607, CREATING THE OFFICE OF THE TANODBAYAN
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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:cralaw:red
Section 1. Short Title. — This Decree may be cited
as the Tanodbayan Decree. chanroblesvirtualawlibrary
Section 2. Establishment of Office. — An independent
Office of the Ombudsman, to be called the Office of the Tanodbayan, is
hereby created. The Chief of said Office of the Tanodbayan shall be
called the Tanodbayan who shall have two (2) deputies for Luzon, one
for the Visayas and one for Mindanao.
Section 3. Appointment. — The President shall
appoint the Tanodbayan and his Deputies.
Section 4. Qualifications. — The Tanodbayan and his
Deputies shall be members of the bar, well equipped to analyze
problems of law, administration, and public policy, and shall not have
been actively involved in partisan affairs. chanroblesvirtualawlibrary
Section 5. Disqualifications. — 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 granted by, the Government, or any
subdivision, agency, or instrumentality thereof including
government-owned or controlled corporations.
Section 6. Term of Office. — (a) The Tanodbayan and
his Deputies shall serve for a term of seven years without
re-appointment 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 Tanodbayan becomes vacant for
any cause, the Senior Deputy Tanodbayan shall serve as Acting
Tanodbayan until the Tanodbayan shall have been appointed for a full
term.
Section 7. Salary. — Unless otherwise provided by
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. chanroblesvirtualawlibrary
Section 8. Organization of Office. — (a) The Office
of the Tanodbayan shall have one Executive Director; and Administrative
Office; a Finance, Management and Planning Office; a Legal Office; and
an Investigation and Prosecution Office.
The Executive Director shall have a compensation of forty two thousand
(P42,000.00) pesos per annum, and each of the aforesaid offices shall
be headed by a Director with compensation of forty thousand
(P40,000.00) pesos each per annum. chanroblesvirtualawlibrary
The Investigation and Prosecution Office shall, aside from the
Director, have twelve (12) Special Prosecutors with compensation of
thirty-eight thousand (P38,000.00) pesos each per annum, and twelve
(12) investigators with compensation of thirty-five thousand
(P35,000.00) pesos each per annum. The Special Prosecutors shall have
the same qualifications as Provincial and City Fiscals.
The Legal Office shall, aside from the Director, have nine (9) Legal
Officers with a compensation of thirty-five thousand (P35,000.00) pesos
each per annum.
The Administrative Office shall consist of the General Service Division
and Personnel Division. Until such time as the Administrative Office is
actually organized, the Complaints and Investigation Office shall
continue to serve as the administrative arm of the Tanodbayan. chanroblesvirtualawlibrary
The Finance, Management and Planning Office shall consist of the budget
Division, Accounting Division, and Management and Planning Division.
Each of these divisions shall be headed by a Division Chief with a
compensation of thirty-seven thousand (P37,000.00) pesos per annum.
There shall also be a Private Secretary to the Tanodbayan with a
compensation of twenty-seven thousand (P27,000.00) pesos per annum.
All of these officials shall be appointed by the President upon the
recommendation of the Tanodbayan. The Tanodbayan may also select,
appoint, and compensate in accordance with law and within the amount
available by appropriation, such other assistants and employees as he
may deem necessary to discharge his responsibilities under this Decree;chanroblesvirtualawlibrary
(b) When the Tanodbayan is disabled or absent and so
notifies his office, the Senior Deputy Tanodbayan shall have authority
to act in his stead;chanroblesvirtualawlibrary
(c) The Tanodbayan may delegate to other members of
his staff any of his authority or duties under this Decree except his
power of decision in all cases and the duty of formally making
recommendations to administrative agencies or reports to the President
or the National Assembly.
Section 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,
committees or staffs of the National Assembly; (3) the President or his
personal staff; and (4) the members of the Constitutional Commissions
and their personal staff.
(b) "Administrative Act" refers to any action,
including, but not limited to, 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 of reparation for a particular wrong,
from the lack of inadequacy of a legal remedy for the enforcement of
the one or the redress of the other. There is also failure of justice
when a public official or employee commits any administrative act or
omission warranting criminal prosecution or the filing of an
appropriate criminal, civil or administrative case.
Section 10. Powers. — The Tanodbayan shall have the
following powers:cralaw:red
(a) He may investigate, on complaint by any person
or on 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; chanroblesvirtualawlibrary
(b) He may prescribe the methods by which complaints
are to be made, 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;chanroblesvirtualawlibrary
(c) He may request and unless as herein provided for
he 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 or violate existing
law, the Tanodbayan shall desist. All information so obtained shall be
confidential, unless the President, in the interest of public service,
decides otherwise;chanroblesvirtualawlibrary
(d) 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; chanroblesvirtualawlibrary
(e) If after preliminary investigation he finds a
prima facie case, he may file the necessary information or complaint
with the Sandiganbayan or any proper court or administrative agency and
prosecute the same;chanroblesvirtualawlibrary
(f) He may file and prosecute civil and
administrative cases involving graft and corrupt practices and such
other offenses committed by public officers and employees, including
those in government-owned or controlled corporations, in relation to
their office;chanroblesvirtualawlibrary
(g) 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. chanroblesvirtualawlibrary
In carrying out his functions, the Tanodbayan may with the approval of
the President, deputize or call upon any official or employee of the
government or any agency or office and during such deputation the
official or employee concerned shall be under the supervision and
control of the Tanodbayan.
Section 11. Powers and Functions of the Tanodbayan
Deputies. — The Tanodbayan Deputies shall assist the Tanodbayan in
performing his duties and functions under this Decree. The provisions
of Section 2 of this Decree notwithstanding, the Tanodbayan may
designate or assign any of his Deputies to assist him in the
performance of his duties in any region or geographical area of the
country.
Section 12. Matters appropriate for Investigation. —
(a) In selecting matters for his attention, the Tanodbayan should also
address himself to an administrative act that might be —chanroblesvirtualawlibrary
1. contrary to law or regulation;chanroblesvirtualawlibrary
2. unreasonable, unfair, oppressive, or inconsistent
with the general course of an administrative agency's functioning;chanroblesvirtualawlibrary
3. mistaken in law or arbitrary in ascertainments of
facts;chanroblesvirtualawlibrary
4. improper in motivation or based on irrelevant
considerations;chanroblesvirtualawlibrary
5. unclear or inadequately explained when reasons
should have been revealed;chanroblesvirtualawlibrary
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.
Section 13. Action on Complaints. — (a) The
Tanodbayan may receive a complaint from any source concerning an
administrative act. At no expense to the complaint, he may conduct a
suitable investigation into the things complained of.
(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. chanroblesvirtualawlibrary
(c) A letter to the Tanodbayan from 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.
Section 14. 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.
Section 15. 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
estate 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. chanroblesvirtualawlibrary
(b) If the Tanodbayan believes that an
administrative action has been dictated by laws whose results are
unfair or otherwise objectionable, he shall bring to the notice of the
President and the National Assembly his views concerning desirable
statutory change.
Section 16. Publication of Recommendations. — In
every case where a prima facie case of the commission of a crime or
failure or neglect in the performance of duty, is found by the
Tanodbayan, the Tanodbayan shall transmit his conclusions,
recommendations, and suggestions to the President so that he may take
such immediate action as may be necessary. When transmitting 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. chanroblesvirtualawlibrary
Section 17. Investigation and Prosecution of Cases.
— The Office of the Tanodbayan shall have the exclusive authority to
conduct preliminary investigation of all cases cognizable by the
Sandiganbayan; to file information therefor and to direct and control
the prosecution of said cases. The Tanodbayan may utilize the personnel
of his office and/or with the approval of the President, designate or
deputize any fiscal, state prosecutor or lawyer in the government
service to act as special investigator or prosecutor to assist him in
the investigation and prosecution of said cases. Those designated or
deputized to assist him as herein provided shall be under his
supervision and control.
No publicity shall be allowed during the pendency of such preliminary
investigation and the name of the complainant and the accused shall not
be made public until an information is filed by the Tanodbayan.
The Tanodbayan, his investigators and prosecutors, whether regular
members of his staff or designated by him 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. chanroblesvirtualawlibrary
The resolutions and actions of the Tanodbayan shall not be subject to
review by any administrative agency.
Section 18. 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 conduct the
necessary investigation and shall file and prosecute the corresponding
criminal or administrative case before the Sandiganbayan or the proper
court or before the proper administrative agency.
Section 19. Tanodbayan's Immunities. — (a) No
proceeding, opinion, or expression of the Tanodbayan or any member of
his staff, shall be reviewable in any court;chanroblesvirtualawlibrary
(b) No civil action shall lie against the Tanodbayan
or any member of his staff for anything done or said or omitted, in
discharging the responsibilities contemplated by this Decree;chanroblesvirtualawlibrary
(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.
Section 20. 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, provides 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.
(c) 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 of the contempt in the same way as in
the case of a person who has committed a contempt in the trial or a
criminal or civil action before the court.
Section 21. Duty to Render Assistance to the Office
of the Tanodbayan. — Any official or employee to any ministry, agency,
bureau or office of the government, including government-owned or
controlled corporations and local governments, when called upon or
required by the Tanodbayan, upon approval by the President shall be
obliged to render assistance or services to the Office of the
Tanodbayan, otherwise he shall be subject to administrative
disciplinary action.
Section 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.
Section 23. Franking Privilege. — All mail matters
and telegrams of the Tanodbayan addressed for delivery within the
Philippines, shall be recorded, transmitted and delivered free of
charge; Provided, that such mail matter when addressed to persons or
offices other than government officers or offices shall not exceed one
hundred and twenty grams in weight. chanroblesvirtualawlibrary
Section 24. 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 this Decree are hereby repealed; but, otherwise, the
provisions of this Decree are in addition to and do not limit or affect
the provisions of any other enactment under which any 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.
Section 25. 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
Appropriations Act.
Section 26. This Decree shall take effect
immediately.
Done in the City of Manila,
this 18th day of July, in the year of Our Lord, nineteen hundred and
seventy-nine.
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