Assalaamu Alaikum!Assalaamu Alaikum!

AVAILABLE AVAILABLE CRIMINAL AND CRIMINAL AND

ADMINISTRATIVE ADMINISTRATIVE REMEDIES AGAINST REMEDIES AGAINST

ERRING LAW ERRING LAW ENFORCEMENT AND ENFORCEMENT AND

MILITARY MILITARY PERSONNELPERSONNEL

Hon. Conrado M. Vasquez1988 - 1995

Hon. Aniano A. Desierto1995 - 2002

Hon. Simeon V. Marcelo2002 - 2005

Hon. Ma. Merceditas N. Gutierrez2005 – May 2011

The present OMBUDSMAN is

HON. CONCHITA CARPIO MORALES

Constitutional Creation(cannot be abolished through simple legislation)

Fiscal Autonomy(Sec. 14, Art. XI of the 1987 Constitution)

Promulgate its ownrules 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

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)

Office of the Deputy Office of the Deputy OmbudsmanOmbudsman for the for the

MMilitary and ilitary and OOther ther LLaw aw EEnforcement nforcement

OOfficesffices

• 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);

• 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.

OMBUDSMAN-MOLEO

Atty. Maria Teresa L. Lee-RafolsOfficer-In-Charge, FFIB

Dir. Dennis L. GarciaDirector, CIPAAB

Dir. Rudiger G. Falcis IIOfficer-In-Charge, MOLEO

Ms. Remedios S. SobremisanaChief, Administrative Division

OFFICE OF THE DEPUTY OMBUDSMANOFFICER-IN-CHARGE

FFIB

Executive Staff

Records HRM AccountingProperty

ADMINISTRATIVE DIVISION

Budget Cashier

PACCBCIPAAB

THE PROTECTOR OF THE PEOPLEINVESTIGATIONPROSECUTION

ADMINISTRATIVE ADJUDICATION

PUBLIC ASSISTANCEGRAFT PREVENTION

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.

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;

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.

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;

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 evidence gathered to support such complaint.

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;

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.)

I. IMPROVEMENTS IN PROCESSES & PROCEDURES

• PMG• PROPOSED RE-STRUCTURING PLAN

II. INNOVATIONS IN ORGANIZATIONAL STRUCTURE

• CASE RECORDS MANAGEMENT• CREATION OF COMMITTEES

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

ATTY. RUDIGER G. FALCIS II, CESO III

Director IV, Officer-In-ChargeOffice of the Deputy Ombudsman

for the MOLEO

Sukran!Sukran!

Assalaamu Alaikum!Assalaamu Alaikum!