2. AVAILABLE CRIMINALAVAILABLE CRIMINAL
AND ADMINISTRATIVEAND ADMINISTRATIVE
REMEDIES AGAINSTREMEDIES AGAINST
ERRING LAWERRING LAW
ENFORCEMENT ANDENFORCEMENT AND
MILITARY PERSONNELMILITARY PERSONNEL
3.
4. Hon. Conrado M. Vasquez
1988 - 1995
Hon. Aniano A. Desierto
1995 - 2002
Hon. Simeon V. Marcelo
2002 - 2005
Hon. Ma. Merceditas N. Gutierrez
2005 – May 2011
6. Constitutional Creation
(cannot be abolished through
simple legislation)
Fiscal Autonomy
(Sec. 14, Art. XI of the 1987 Constitution)
Promulgate its own
rules of procedures
• Ombudsman and deputies with fixed term of office of 7 years;
• Ombudsman is removable only by impeachment;
• Appointment of Ombudsman and its deputies need no confirmation
by Commission on Appointments
7. MANDATE
The OMBUDSMAN AND HIS DEPUTIES, AS
PROTECTORS of the people shall act on all complaints
filed in any form or manner against officers or
employees of the government, or of any subdivision,
agency or instrumentality thereof, including
government-owned or controlled corporations, and
enforce their administrative, civil and criminal liability
in every case where the evidence warrants in order to
promote efficient service by the Government to the
people (Section 13, RA 6770; Section 12, Article XI of
the 1987 Constitution)
8. Office of the Deputy OmbudsmanOffice of the Deputy Ombudsman
for thefor the MMilitary andilitary and OOtherther LLawaw EEnforcementnforcement
OOfficesffices
9. • The Office of the Deputy Ombudsman for the Armed Forces
of the Philippines was created under Republic Act No. 6770
(The Ombudsman Act of 1989) pursuant to Section 5, Article XI
of the 1987 Constitution;
• It formally began its operations on July 27, 1990;
•On 10 October 1995, Memorandum Circular No. 14 expanded
the jurisdiction of the Office to include the Philippine National
Police (PNP), Bureau of Fire Protection (BFP), and Bureau of
Jail Management and Penology (BJMP;
•Memorandum Circular No. 2 dated October 29, 2003 further
expanded the jurisdiction of the Office and renamed it as Office
of Deputy Ombudsman for the Military and Other Law
Enforcement Offices (MOLEO);
10. • To date, the Office has three (3)
bureaus--- the Criminal Investigation,
Prosecution and Administrative
Adjudication Bureau (CIPAAB), Fact-
Finding Investigation Bureau (FFIB)
and Public Assistance and Community
Coordination Bureau (PACCB) with a
personnel complement of one hundred
(100) dedicated public servants.
11. OMBUDSMAN-MOLEO
Atty. Maria Teresa L. Lee-Rafols
Officer-In-Charge, FFIB
Dir. Dennis L. Garcia
Director, CIPAAB
Dir. Rudiger G. Falcis II
Officer-In-Charge, MOLEO
Ms. Remedios S. Sobremisana
Chief, Administrative Division
OFFICE OF THE DEPUTY OMBUDSMAN
OFFICER-IN-CHARGE
FFIB
Executive Staff
Records HRM AccountingProperty
ADMINISTRATIVE
DIVISION
Budget Cashier
PACCBCIPAAB
12. THE PROTECTOR OF THE PEOPLE
INVESTIGATION
PROSECUTION
ADMINISTRATIVE ADJUDICATION
PUBLIC ASSISTANCE
GRAFT PREVENTION
13. THE OFFICE OF THE OMBUDSMAN HAS THE POWER TO ISSUE A
PREVENTIVE SUSPENSION ORDER
Section 24 of Republic Act No. 6770 provides:
SEC. 24. Preventive Suspension. – The Ombudsman or his Deputy may
preventively suspend any officer or employee under his authority pending an
investigation, if in his judgment the evidence of guilt is strong, and (a) the
charge against such officer or employee involves dishonesty, oppression or
grave misconduct or neglect in the performance of duty; (b) the charges would
warrant removal from the service; or (c) the respondent’s continued stay in
office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated
by the Office of the Ombudsman but not more than six months, without pay ,
except when the delay in the disposition of the case by the Office of the
Ombudsman is due to the fault , negligence or petition of the respondent, in
which case the period of such delay shall not be counted in computing the
period of suspension herein provided.
14.
15. Preliminary Investigation & Administrative Adjudication
• The Criminal Investigation, Prosecution and Administrative Adjudication Bureau
(CIPAAB)) is tasked to conduct preliminary investigation and administrative
adjudication;
• Criminal and administrative cases filed against members of the Philippine National
Police, Armed Forces of the Philippines, Bureau of Jail Management and Penology,
Bureau of Fire Protection, Bureau of Corrections, Philippine Coast Guard and Metro
Manila Development Authority Traffic Enforcers are brought before this Office to
determine the existence of probable cause and substantial evidence or dismiss the
case;
• If probable cause exists, the CIPAAB files the criminal case before the Sandiganbayan
or regular courts, as the case may be;
• if substantial evidence is established, the erring public officer or employee may be
administratively admonished, fined, reprimanded, suspended or dismissed from the
service;
• The CIPAAB is composed of twenty four (24) Graft Investigation and Prosecution
Officers and eleven (11) staff members;
16. CHARACTERISTICS OF
ADMINISTRATIVE CASE:
1.PLEADINGS ONLY;
2.CLARIFICATORY HEARING NOT
MANDATORY;
3.NOT BOUND BY TECHNICAL RULES OF
COURT;
4.SUBSTANTIAL EVIDENCE;
5.PREVENTIVE SUSPENSION (up to 6 months);
AND
6.FROM WARNING, ADMONISHMENT,
REPRIMAND, SUSPENSION, FINE,
DEMOTION, TRANSFER TO DISMISSAL FROM
THE SERVICE.
17. PROSECUTION AND MONITORING GROUP
• The Prosecution and Monitoring Group (PMG), under
CIPAAB, is mandated to prosecute selected graft and
corruption related criminal cases before the Regional Trial
Courts (RTC) and Metropolitan Trial Courts (MTC) in the
National Capital Region (NCR) and monitor the execution
of imposed administrative penalties by the government
agencies concerned and assists the Office of the Special
Prosecutor (OSP) in the prosecution of criminal cases the
MOLEO filed before the Sandiganbayan;
• The CIPAAB also conducts seminars and lectures on
public accountability, transparency, good governance,
anti-graft and corrupt practices and professional conduct
and responsibility of uniformed personnel;
18. FACT-FINDING INVESTIGATION BUREAU
• The Fact-Finding Investigation Bureau (FFIB) is the investigative and evidence–
gathering arm of the Office of the Deputy Ombudsman for the Military and Other Law
Enforcement Offices (OMB-MOLEO);
• Every complaint, in whatever form, that is forwarded to the Bureau is given due
course;
• The investigators of FFIB conduct investigations on complaints insufficient in form
and substance, case build-up on anonymous and general complaints, and lifestyle
checks upon request against any public official or employee within MOLEO’s
jurisdiction;
• They then submit reports recommending preliminary investigation and/or
administrative adjudication to CIPAAB, referral to another office within the Office of the
Ombudsman or to other agencies, or closure and termination as the circumstances
may warrant;
• FFIB holds an important position in securing the filing of charges for complaints
worthy of preliminary investigation and/or administrative adjudication and eventually
formal charges in court;
• The investigations done by the Bureau determine the fate of a complaint because a
complaint’s cause stands not on the intention of the complaining party/ies but on the
19. Public Assistance and Community Coordination Bureau (PACCB)
• Public Assistance and Community
Coordination Bureau (PACCB) acts as
the frontline army of MOLEO;
• It assists clients coming in and/or
calling for queries, counseling and
legal advices, with the addition of
mailed letters for appropriate action;
• It also conducts mediation
proceedings between opposing parties;
20. PACCB
•Throughout the year, the Action Officers had made numerous
successful walk-ins and telephone requests for assistance by
immediately acting upon it for instant results. These include
contacting linkages and networks to refer and indorse the grievances
of the clients, and even following up actions taken on the clients’
letters or personal requests with the concerned offices under
MOLEO’s jurisdiction;
• PACCB was able to assist retirees who had pending criminal and
administrative cases in this Office for quite a period of time by
following up its status and advising clients to file their Motion to
Expedite Resolution of the Case and personal letter addressed to the
Honorable Ombudsman. This is in compliance with Republic Act No.
10154 (An Act Requiring All Concerned Government Agencies to
Ensure the Early Release of the Retirement Pay, Pensions, Gratuities
and Other Benefits of Retiring Government Employees.)
21. I. IMPROVEMENTS IN PROCESSES & PROCEDURES
• PMG
• PROPOSED RE-STRUCTURING PLAN
II. INNOVATIONS IN ORGANIZATIONAL STRUCTURE
• CASE RECORDS MANAGEMENT
• CREATION OF COMMITTEES
22. III. CAPACITY-BUILDING & MANPOWER CONCERNS
• MOA WITH PNP & NAPOLCOM
• LECTURES
IV. LINKING WITH THE COMMUNITY
• TRAININGS
• CLEANSING
V. RAISING SOCIAL CONSCIOUSNESS
• YOLANDA DONATION
• PCMC GIFT GIVING & BLOOD LETTING
23. ATTY. RUDIGER G. FALCIS II, CESO III
Director IV, Officer-In-Charge
Office of the Deputy Ombudsman
for the MOLEO
Since march 2012 : date of designation as Officer-In-Charge of MOLEO
Case records management : A team was created to effect the migration from the old system to the new Complaints and Case Monitoring System (CCMS) currently implemented Ombudsman-wide. Records Storage and Handling Improvement Committee (RSHIC) to improve the system of records handling and disposal; Records Disposal Committee to effect the orderly and systematic disposal of valueless records. Output: Manual of Procedures for MOLEO records
Committees created: In order to institutionalize appropriate systems and procedures, different committees were created or reconstituted: Personnel Selection Board, Committee on Appointment, Bids and Awards Committee, Raffle Committee, Grievance Committee
The Prosecution and Monitoring Group (PMG), created in November 2012, pursuant to OMB Office Order No. 40, is currently headed by Director Dennis L. Garcia of CIPAAB. The Prosecution Team is composed of seven lawyers from CIPAAB while the Monitoring Team is composed of six Action Officers from PACCB (Public Assistance and Community Coordination Bureau). The prosecutors are tasked to actively prosecute Ombudsman cases which are filed either in the Sandiganbayan or in the lower courts while the Monitoring Team monitors the status of Ombudsman cases filed with the aforementioned courts
The proposed Re-structuring Plan of MOLEO embodies the collective ideas, experience and vision of a responsive, productive and effective organization. Job descriptions were formulated (for new positions) or revised (for those existing) in order to conform to the Functional Statements of their respective bureaus. Scopes of responsibility between positions were delineated. From the 161 old plantilla positions, 24 of which are proposed for collapsing and conversion to 47 new plantilla positions. The total plantilla positions for MOLEO shall be 227, or an increase of 66 personnel (40.99%)
Trainings: Investments in trainings and seminars benefit both the organization and the personnel in terms of improved performance, productivity, effectiveness, multi-tasking capabilities, career growth, motivation, and self-esteem. Cognizant of this truth, MOLEO encourages its people to get involved with skills enhancement activities. For the year 2013, seventy percent of MOLEO officers and personnel underwent one or more of the 25 trainings offered on varied areas of interest: case analysis, legal draftmanship, prosecution and trials, investigation, monitoring, administrative, financial, personnel aspects, management interventions, and other general interest trainings
Cleansing: Swift implementation of decisions issued by Internal Affairs Board, 3 Orders of Suspension, 2 of which led to eventual dismissal of erring personnel
MOA: Forged with the Philippine National Police and the National Police Commission, the agreement aims to foster prompt and effective resolution of administrative complaints filed against erring members of the police force.
Lectures: Public Accountability and Good Governance lectures, in addition to 3 batches of ITAPS workshops (Integrity, Transparency and Accountability in Public Service)
Yolanda: MOLEO cancelled its Christmas party and donated the funds intended for the event to the victims of Yolanda thru ABS CBN Kapamilya Foundation, Inc. Employees donated clothes, blankets and toiletries, and many other items as part of their relief operations for Yolanda
PCMC: MOLEO’s Annual Gift Giving, wherein toys and food are distributed to the young patients of Philippine Children’s Medical Center (PCMC) was a practice which started in December 2010 as an act of sharing love in the spirit of Christmas. In 2013, the activity was adopted Ombudsman-wide and included the OMB-Central Office, OMB-Luzon and Office of the Special Prosecutor (OSP). On 17 December 2013, no less than Ombudsman Conchita Carpio Morales led the gift-giving activity at the PCMC premises.
: Another socio-civic activity conducted was Blood-Letting, which is a quarterly practice at the Office of the Ombudsman since 2002. The blood-letting activity was conducted by the medical personnel of the blood-bank section of PCMC at the Public Assistance Bureau, Conference Room, OMB. Sixty (60) employees donated blood, a feat in blood donation according to Dr. Julius A. Lecciones, the Executive Director of PCMC.
