For the past three (3) months, we kept track of and followed the application and search for the next Ombudsman following the expiration of term of Samuel Martires last July 27, 2025. On October 6, 2025, the Judicial Bar Council submitted a list, signed by Associate Justice Marivic Leonen, with seven (7) hopeful applicants namely: (1) Philippine Postal Corporation Chairman Stephen Cruz; (2) Sandiganbayan Associate Justice Michael Frederick Musngi; (3) Retired Associate Justice Mario Lopez; (4) OP Deputy Executive Secretary for Legal Affairs Anna Liza Logan; (5) PCC Charman Michael Aguinalod; (6) Supreme Court Associate Justice Samuel Gaerla; and then (7) Secretary of Justice Jesus Crispin “Boying” Remulla. Just the next day, it was made official, Jesus Crispin “Boying” Remulla was picked and appointed by President Bongbong Marcos to be the seventh ombudsman of the Philippines.
By reason of this much anticipated and monitored selection, laymen were made aware of the importance of the Office of the Ombudsman in the Philippine setting. To give a simpler summary of its powers, functions and duties, the Ombudsman or the Philippine’s Anti-Graft and Corruption Watchdog shall be the topic of this week’s edition.
The creation of the Office of the Ombudsman is found in Article XI, Section 5 of the 1987 Philippine Constitution as stated therein: “There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as the Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas and Mindanao. A separate Deputy for the military establishment may likewise be appointed.
Article XI, Section 8 of the Constitution as well as Republic Act No. 6770 or The Ombudsman Act of 1989 state that the qualifications of the Ombudsman and its Deputies are as follows: (1) Natural-born citizens of the Philippines; (2) At least forty (40) years old; (3) Of recognized probity and independence; (4) members of the Philippine Bar; (5) Must not have been a candidate for any elective national or local office in the immediately preceding election whether regular or special; and (6) must have, ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.
The Ombudsman and his Deputies, including the Special Prosecutor, shall serve for a term of seven (7) years without reappointment. In accordance with the provisions of Article XI of the Constitution, the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanent disability of the incumbent Ombudsman, the Overall Deputy shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman shall have been appointed for a full term. The Ombudsman and his Deputies, shall be appointed by the President from a list of at least three (3) nominees for each vacancy prepared by the Judicial and Bar Council, which shall be filled within three (3) months after it occurs, each of which list shall be published in a newspaper of general circulation.
The Ombudsman and his Deputies, as protectors of the people, is mandated to act promptly on 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 15 of RA 6770 enumerates the powers, functions and duties of the Office of the Ombudsman, some of which are: (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases; (2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations 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 officer or employee at fault or who neglect to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this Act: provided, that the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action against said officer; (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of 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 of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due prudence: provided, that the Ombudsman under its rules and regulations may determine what cases may not be made public: provided, further, that any publicity issued by the Ombudsman shall be balanced, fair and true; (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; and (8) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.