Ombudsman stands pat on validity of Garcia plea bargain agreement

PRESS STATEMENT
25 February 2011

The Office of the Ombudsman maintains that the plea bargaining agreement it ente
red into with Major Gen. Carlos Garcia is valid.

This is in reaction to the asseveration of Justice Sec. Leila de Lima during yes
terday s Senate hearing, where she seconded the opinion given by UP Dean Marvic Le
onen. In his letter sent to the Senate, Leonen said the said plea bargaining agr
eement was void from the beginning because the consent of the offended party, th
e Armed Forces of the Philippines was not obtained, allegedly contrary to the Ru
les of Court.

Deputy Special Prosecutor Jesus Micael clarifies that the provision of the Rules
of Court being referred to by de Lima and Leonen is applicable only when a priv
ate offended party is involved. In the Garcia case however, the offended party i
s the People of the Philippines duly represented by the Office of the Ombudsman th
ru the Office of the Special Prosecutor.

DSP Micael emphasizes that The complainant is not the AFP but the People prosecut
ing the accused through the public prosecutor. In the Garcia case whose interest
s are likely transgressed in the event that the government loses the case? The s
tate is it not?

He cited the case of People v Hon. Martin Villarama which states:

xxx The state is therefore, the offended party in this case. As guardian of the r
ights of the people, the government files the criminal action in the name of the
People of the Philippines. The Fiscal who represents the government is duty bou
nd to defend the public interests, threatened by crime, to the point that it is
as though he were the person directly injured by the offense. Viewed in this lig
ht, the consent of the offended party i.e., the state, will have to be secured f
rom the fiscal who acts in behalf of the government. (emphasis supplied)

DSP Micael also insists that the authority of the Office of the Ombudsman to ent
er into a plea bargaining agreement is founded not just on the Rules of Court bu
t specifically given by Republic Act 6770, the charter which created the Office
of the Ombudsman.

He suggests that those questioning the validity of the plea bargaining agreement
 the Office entered into with Gen. Garcia should suspend their opinions on the i
ssue until the Sandiganbayan has promulgated its resolution on the case.

The issue of the legitimacy or validity of the plea bargaining agreement has been
submitted to the Sandiganbayan where it is pending at this time. Only this cour
t, therefore, can settle all the issues under this agreement, including the ques
tion of whether or not the consent of anybody must be secured , DSP Micael conclud
es.##

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Ombudsman reacts to SC decision on impeachment

PRESS STATEMENT
15 February 2011

It had reached our office that the Supreme Court in a vote of 7-5-2-1 decided to
dismiss today the Ombudsman s petition against the impeachment complaint before t
he House of Representatives.

The Office had not yet received the Ombudsman s official copy of the said Decision
.

Pending such receipt, the Ombudsman is still studying her options, including the
filing of a motion for reconsideration on the said Decision.
What are Ombudsman cases?

Ombudsman cases are complaints filed in or taken cognizance of by the Office of

the Ombudsman charging any public officer or employee, including those in the go
vernment-owned or controlled corporations, with an act or omission alleged to be
illegal, unjust, improper or inefficient.
Such a complaint may be the subject of criminal or administrative proceedings, o
r both.

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What rules apply in the investigation of Ombudsman cases?

Administrative Order No. 07, as amended or The Rules of Procedure of the Office
of the Ombudsman shall apply in the investigation of Ombudsman cases.
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 Is there a prescribed form for complaints to be filed with the Office of
the Ombudsman?

None. A complaint may be in any form, either verbal or in writing. For a speedie
r disposition of the complaint, however, it is preferable that it be in writing
and under oath.
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Does the Ombudsman entertain anonymous complaints?

Yes. However, a complaint which does not disclose the identity of the complainan
t will be acted upon only if it merits appropriate consideration, or contains su
fficient leads or particulars to enable the taking of further action.
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What are the grounds for filing a criminal complaint?

A criminal complaint may be brought for an offense in violation of RA 3019, as a

mended; RA 1379, as amended; RA 6713; Revised Penal Code, Title VII, Chapter II,
section 2; RA 7080, as amended, and for such other offenses committed by public
officers and employees in relation to office.
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Does the Office of the Ombudsman have jurisdiction to investigate privat
e persons?

Yes, in all cases of conspiracy between an officer or employee of the government

and a private person, the Ombudsman and his Deputies shall have jurisdiction to
include such private person in the investigation and proceed against such priva
te person as the evidence may warrant. The officer or employee and the private p
erson shall be tried jointly and shall be subject to the same penalties and liab
ilities.
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How is a criminal complaint acted upon by the Office of the Ombudsman?

The complaint will be evaluated and it may either be:

1.
dismissed outright for want of palpable merit;
2.
referred to respondent for comment;
3.
indorsed to the proper government office or agency which has jurisdiction
over the case;
4.
forwarded to the appropriate office or official for fact-finding investiga
tion;
5.
Subjected to preliminary investigation.
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Who may conduct preliminary investigation of Ombudsman cases?

Preliminary investigation may be conducted by any of the following:

1.
Ombudsman Graft Investigation and Prosecution Officers;
2.
Assistant Special Prosecutors;
3.
Deputized Prosecutors;
4.
Investigating Officials authorized by law to conduct preliminary investiga
tions or
5.
Lawyers in the government service, so designated by the Ombudsman.
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How is preliminary investigation conducted in the Office of the Ombudsma
n?

Preliminary investigation of Ombudsman cases falling under the jurisdiction of t

he Sandiganbayan and Regional Trial Courts shall be conducted in the manner pres
cribed in the Rules of Court, Rule 112, Section 3, subject to the following prov
isions:
1.
If the complaint is not under oath or is based only on official reports, t
he investigating officer shall require the complainant or supporting witnesses t
o execute affidavits to substantiate the complaint.
2.
After such affidavits have been secured, the investigating officer shall i
ssue an order, attaching thereto a copy of the affidavits and other supporting d
ocuments, directing the respondents to submit, within ten (10) days from receipt
thereof, their counter-affidavits and controverting evidence with proof of serv
ice thereof on the complainant. The complainant may file reply affidavits within
ten (10) days after service of the counter-affidavits.
3.
If the respondents do not file counter-affidavits, the investigating offic
er may consider the comment filed by them, if any, as their answer to the compla
int. In any event, the respondent shall have access to the evidence on record.
4.
No motion to dismiss shall be allowed except for lack of jurisdiction. Nei
ther may a motion for a bill of particulars be entertained. If respondents desir
e any matter in the complainant s affidavit to be clarified, the particularization
thereof may be done at the time of clarificatory questioning in the manner prov
ided in paragraph (f) hereof.
5.
If the respondents cannot be served with the order mentioned in paragraph
b hereof, or having been served, does not comply therewith, the complaint shall
be deemed submitted for resolution on the basis of the evidence on record.
6.
If, after the filing of the requisite affidavits and their supporting evid
ences, there are facts material to the case which the investigating officer may
need to be clarified on, he may conduct a clarificatory hearing during which the
parties shall be afforded the opportunity to be present but without the right t
o examine or cross-examine the witness being questioned. Where the appearance of
the parties or witnesses is impracticable, the clarificatory questioning may be
conducted in writing, whereby the questions desired to be asked by the investig
ating officer or a party shall be reduced into writing and served on the witness
who shall be required to answer the same in writing and served on the witness c
oncerned who shall be required to answer the same in writing and under oath.
7.
Upon the termination of the preliminary investigation, the investigating o
fficer shall forward the records of the case together with his resolution to the
designated authorities for their appropriate action thereon.
8.
No information may be filed and no complaint may be dismissed without the
written authority or approval of the Ombudsman in cases falling within the juris
diction of the Sandiganbayan, or the proper Deputy Ombudsman.

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Who shall be served with a copy of the resolution of a case approved by
the Ombudsman or by the proper Deputy Ombudsman?

The parties shall be served with a copy of the resolution as finally approved by
the Ombudsman or by the proper Deputy Ombudsman.
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Can a Motion for Reconsideration of the resolution of a criminal case be
filed with the Office of the Ombudsman?

Yes. Only one motion for reconsideration or reinvestigation of an approved order

or resolution shall be allowed, the same to be filed within five (5) days from
notice thereof with the Office of the Ombudsman, or the proper Deputy Ombudsman
as the case may be, with corresponding leave of court in cases where information
has already been filed in court;
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Will a Motion for Reconsideration/Reinvestigation bar the filing of the
corresponding information in Court on the basis of the finding of probable cause
in the resolution subject of the motion?

The filing of a motion for reconsideration/reinvestigation shall not bar the fil
ing of the corresponding information in Court on the basis of the finding of pro
bable cause in resolution subject of the motion.
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What are the grounds for filing an administrative complaint?

An administrative complaint may be filed for acts or omissions which are:

1.
contrary to law or regulations;
2.
unreasonable, unfair, oppressive or discriminatory;
3.
inconsistent with the general course of an agency s functions though in acco
rdance with law;
4.
based on a mistake of law or an arbitrary ascertainment of facts;
5.
in the exercise of discretionary powers but for an improper purpose;
6.
otherwise irregular, immoral or devoid of justification;
7.
due to any delay or refusal to comply with the referral or directive of th
e Ombudsman or any of his deputies against the officer or employee to whom it wa
s addressed; and
8.
such other grounds provided for under E.O. 292 and other applicable laws.
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Who are covered by the administrative disciplinary authority of the Offi
ce of the Ombudsman?

All elective and appointive officials of the government and its subdivisions, in
strumentalities and agencies, including Members of the Cabinet, local government
s, government-owned or controlled corporations and their subsidiaries are subjec
t to the disciplinary authority of the Office of the Ombudsman.
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Are there public officials not covered by the disciplinary authority of
the Office of the Ombudsman?
Yes, excepted from the coverage of the disciplinary authority of the O
mbudsman are Members of Congress, the Judiciary, and officials removable only by
impeachment.
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Is there an instance wherein the Office of the Ombudsman can investigate
officials removable only by impeachment?

The Office of the Ombudsman shall have the power to investigate any serious misc
onduct in the office allegedly committed by officials removable by impeachment,
for the purpose of filing a verified complaint for impeachment if warranted.
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How can an administrative case be initiated?

An administrative case may be initiated by a written complaint under oath accomp

anied by affidavits of witnesses and other evidence in support of the charge.
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Is a Certificate of Non-Forum Shopping required in an administrative cas
e?

Yes, an administrative complaint shall be accompanied by a Certificate of Non-Fo

rum Shopping duly subscribed and sworn to by the complainant or his counsel.
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May the Ombudsman or the respective Deputy Ombudsman on his initiative o
r on the basis of a complaint originally filed as a criminal action or a grievan
ce complaint or request for assistance order the conduct of an administrative pr
oceeding?

Yes, the Ombudsman or the respective Deputy Ombudsman on his initiative or on th

e basis of a complaint originally filed as a criminal action or a grievance comp
laint or request for assistance order the conduct of an administrative proceedin
g.
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How is an administrative complaint acted upon?

The complaint will be evaluated to determine whether the same may be:
1.
dismissed outright for any of the grounds stated under Section 20 of RA 67
70, provided, however, that the dismissal thereof is not mandatory and shall be
discretionary on the part of the Ombudsman or the Deputy Ombudsman concerned;
2.
treated as a grievance/request for assistance which may be referred to the
Public Assistance Bureau, this Office, for appropriate action;
3.
referred to the disciplinary authorities under RA 6770, Section 23, paragr
aph 2, for the taking of appropriate administrative proceedings;
4.
referred to the appropriate office/agency or official for the conduct of f
urther fact-finding investigation; or
5.
docketed as an administrative case for the purpose of administrative adjud
ication by the Office of the Ombudsman.
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When may the Ombudsman opt for an outright dismissal of a complaint unde
r RA 6770, Section 20?
The Ombudsman or the Deputy Ombudsman concerned may order the outright dismissal
of a complaint and opt not to conduct the necessary investigation of any admini
strative act or omission complained of if it believes that:
1.
the complainant has an adequate remedy in another judicial or quasi-judici
al body;
2.
the complaint pertains to a matter outside the jurisdiction of the Office
of the Ombudsman;
3.
the complaint is trivial, frivolous, vexatious or made in bad faith;
4.
the complainant has no sufficient personal interest in the subject matter
of the grievance; or
5.
the complaint was filed after one(1) year from the occurrence of the act o
r omission complained of.
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When may the Ombudsman refer an administrative complaint to the discipli
nary authorities under RA 6770, Section 23, paragraph 2, for the taking of appro
priate administrative proceedings?

At its option, the Office of the Ombudsman may refer certain complaints to the p
roper disciplinary authority for the institution of appropriate administrative p
roceedings against erring public officers or employees, which shall be terminate
d within the period prescribed in the civil service law.
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What is the effect if there is an unjustified delay in acting on any ref
erral made by the Office of the Ombudsman to the proper disciplinary authority f
or the institution of appropriate administrative proceedings against erring publ
ic officers or employees?

Any delay without just cause in acting on any referral made by the Office of the
Ombudsman shall be a ground for administrative action against the officers or e
mployees to whom such referrals are addressed and shall constitute a graft offen
se punishable by a fine of not exceeding five thousand pesos (P5,000.00).
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How is administrative adjudication conducted in the Office of the Ombuds
man?

1.
If the complaint is docketed as an administrative case, the respondent sha
ll be furnished with a copy of the affidavits and other evidence submitted by th
e complainant, and shall be ordered to file his counter-affidavit and other evid
ence in support of his defense, within ten (10) days from receipt thereof, toget
her with proof of service of the same on the complainant who may file his reply-
affidavit within ten (10) days from receipt of the counter-affidavit of the resp
ondent;
2.
If the Hearing Officer finds no sufficient cause to warrant further procee
dings on the basis of the affidavits and other evidence submitted by the parties
, the complaint may be dismissed. Otherwise, he shall issue an Order (or Orders)
for any of the following purposes:
1.
To direct the parties to file, within ten (10) days from recei
pt of the Order, their respective verified position papers. The position papers
shall contain only those charges, defenses and other claims contained in the aff
idavits and pleadings filed by the parties. Any additional relevant affidavit an
d/or documentary evidence may be attached by the parties to their position paper
s. On the basis of the position papers, affidavits and other pleadings file, the
Hearing Officer may consider the case submitted for resolution.
2.
If the Hearing Officer decides not to consider the case submit
ted for resolution after the filing of the position papers, affidavits and plead
ings, to conduct a clarificatory hearing regarding facts material to the case as
appearing in the respective position papers, affidavits and pleadings filed by
the parties. At this stage, he may, at his discretion and for the purpose of det
ermining whether there is a need for a formal trial or hearing, ask clarificator
y questions to further elicit facts or information;
In the conduct of clarificatory hearings, the parties shall be affor
ded the opportunity to be present but without the right to examine or cross-exam
ine the party/witness being questioned. The parties may be allowed to raise clar
ificatory questions and elicit answers from the opposing party/witness, which sh
all be coursed through the Hearing Officer who shall determine whether or not th
e proposed questions are necessary and relevant. In such cases, the Hearing Offi
cer shall ask the question in such manner and phrasing as he may deem appropriat
e.
3.
If the Hearing Officer finds no necessity for further proceedi
ngs on the basis of clarificatory hearings, affidavits, pleadings and position p
apers filed by the parties, he shall issue an Order declaring the case submitted
for resolution. The Hearing Officer may also require the parties to simultaneou
sly submit, within ten (10) days from receipt of the Order, their Reply Position
Papers. The parties, if new affidavits and/or exhibits are attached to the othe
r party s Position Paper, may submit only rebutting evidence with their Reply Posi
tion Papers.
4.
If the Hearing Officer finds the need to conduct a formal inve
stigation on the basis of the clarificatory hearings, pleadings, affidavits and
the position papers filed by the parties, an Order shall be issued for the purpo
se. In the same Order, the parties shall be required to file within ten (10) day
s from receipt of the Order their respective pre-trial briefs which shall contai
n, among others, the nature of the charge(s) and defenses, proposed stipulation
of facts, a definition of the issues, identification and marking of exhibits, li
mitation of witnesses, and such other matters as would expedite the proceedings.
The parties are not allowed to introduce matters in the pre-trial briefs which
are not covered by the position papers, affidavits and pleadings filed and serve
d prior to issuance of the Order directing the conduct of a formal investigation
.
3.
The conduct of formal proceedings by the Office of the Ombudsman in admini
strative cases shall be non-litigious in nature. Subject to the requirements of
due process in administrative cases, the technicalities of law, procedure and ev
idence shall not strictly apply thereto. The Hearing Officer may avail himself o
f all reasonable means to ascertain speedily the facts of the case. He shall tak
e full control of the proceedings, with proper regard to the right of the partie
s to due process, and shall limit the presentation of evidence to matters releva
nt to the issue(s) before him and necessary for a just and speedy disposition of
the case.
4.
In the conduct of formal administrative investigation, the Hearing Officer
shall set the case for continuous trial. The parties shall be notified at least
ten (10) days before the date of the initial hearing. Failure of any or both of
the parties to appear at the scheduled hearing(s) is not necessarily a cause fo
r the dismissal of the complaint. A party who appears may be allowed to present
his evidence in the absence of the adverse party who was duly notified of the he
aring; however, if the absent party is able to show that there is a valid cause
for his absence, he shall be afforded the opportunity to cross-examine the witne
ss(es) presented during his absence. In case of two (2) successive unjustified n
on-appearances of any of the party in the proceedings, it shall be the option of
the party who is present to submit the case for resolution on the basis of the
records of the case and the evidence so far presented.
5.
Only witnesses whose affidavits have been submitted by the parties and ser
ved on the adverse party prior to the issuance of the Order directing the conduc
t of a formal investigation may be allowed to testify at the hearing. The affida
vit of the witness shall constitute his direct testimony, subject to cross-exami
nation, re-direct examination and re-cross examination. Unless the testimony of
the witness involves newly discovered evidence, the Hearing Officer may not allo
w the presentation of witnesses whose affidavits have not been filed by the part
ies and served on the adverse party prior to the issuance of the Order to conduc
t formal investigation. If a witness whose testimony involves newly discovered e
vidence is allowed to testify, the adverse party shall have the right to cross-e
xamine such witness and to submit rebuttal evidence, if any, relevant to said ne
wly discovered evidence;
6.
The parties shall be allowed the assistance of counsel and the right to th
e production of evidence thru the compulsory process of subpoena ad testificandu
m and subpoena duces tecum.
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What is the extent of authority of the Office of the Ombudsman in the co
nduct of administrative investigations?

Administrative investigations conducted by the Office of the Ombudsman shall be

in accordance with its rules of procedure and consistent with due process.
In any investigation under R.A. No. 6770, the Ombudsman may (a) enter and inspec
t the premises of any office, agency, commission or tribunal; (b) examine and ha
ve access to any book, record, file, document or paper; and (c) hold private hea
rings with both the complaining individual and the official concerned.
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Are there prohibited pleadings in the administrative proceedings of the
Ombudsman?

Yes, the following pleadings shall be deemed prohibited:

1.
Motion to Dismiss, although any ground justifying the dismissal of t
he case may be discussed in the counter-affidavits/pleadings of the party;
2.
Motion for Bill of Particulars; and
3.
Dilatory Motions including, but not limited to, motions for extensio
n of time, for postponement, second motions for reconsideration and/or re-invest
igation.
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What would be the effect if prohibited pleadings are filed in the admini
strative proceeding of the Ombudsman?

Said pleading shall be stricken off the records of the case.

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When should the Decision in the administrative case be rendered?

Not later than thirty (30) days after the case is declared submitted for resolut
ion, the Hearing Officer shall submit a proposed decision containing his finding
s and recommendation for the approval of the Ombudsman. Said proposed decision s
hall be reviewed by the Directors, Assistant Ombudsmen and Deputy Ombudsmen conc
erned. Upon approval, copies thereof shall be served upon the parties and the he
ad of the office or agency of which the respondent is an official or employee fo
r his information and compliance with the appropriate directive contained therei
n.
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When does an Ombudsman Decision become final and executory?

Where the respondent is absolved of the charge and in case of conviction where t
he penalty imposed is public censure, reprimand, suspension of not more than one
month, or a fine equivalent to one month salary, the decision shall be final, e
xecutory and unappealable. In all other cases, the decision may be appealed to t
he Court of Appeals on a verified petition for review under the requirements and
conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days
from receipt of the written Notice of the Decision or Order denying the Motion
for Reconsideration.
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Does an appeal stop the decision from being executory?

No, an appeal shall not stop the decision from being executory.
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What would be the effect if the penalty is suspension or removal and res
pondent wins the appeal?

In case the penalty is suspension or removal and the respondent wins such appeal
, he shall be considered as having been under preventive suspension and shall be
paid the salary and such other emoluments that he did not receive by reason of
the suspension or removal.
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How are decisions of the Office of the Ombudsman in administrative cases
executed?

Decisions of the Office of the Ombudsman in administrative cases shall be execut

ed as a matter of course. The Office of the Ombudsman shall ensure that its deci
sions shall be strictly enforced and properly implemented.
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What would be the effect if any officer refuse or fail without just caus
e to comply with an order of the Office of the Ombudsman to implement its decisi
ons?

The refusal or failure by any officer without just cause to comply with an order
of the Office of the Ombudsman to remove, suspend, demote, fine, or censure sha
ll be a ground for disciplinary action against said officer.
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Does the Office of the Ombudsman entertain a Motion for Reconsideration/
Reinvestigation of the decision or order of an administrative case?

Yes, and only one motion for reconsideration or reinvestigation which should be
filed within ten (10) days from receipt of the decision or order will be enterta
ined.
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What are the grounds for filing a Motion for Reconsideration/ Reinvestig
ation of the decision or order issued by the Office of the Ombudsman?

A Motion for Reconsideration/Reinvestigation of the decision or order issued by

the Office of the Ombudsman may be filed on any of the following grounds:
(a) New evidence had been discovered which materially affects the order, directi
ve or decision;
(b) Grave errors of facts or laws or serious irregularities have been committed
prejudicial to the interest of the movant.
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When should a Motion for Reconsideration/Reinvestigation of the decision
or order issued by the Office of the Ombudsman be resolved?

The Hearing Officer shall resolve the Motion for Reconsideration/Reinvestigation

of the decision or order issued by the Office of the Ombudsman within five (5)
days from the date of submission for resolution.
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Can the Ombudsman preventively suspend a respondent to a case?

Yes, the Ombudsman or his Deputy may preventively suspend any officer or employe
e 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 gross neglect in the performance
of duty; (b) the charges would warrant removal from service; or (c) the responde
nt s continued stay in office may prejudice the case filed against him.
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What is the duration of the preventive suspension?

The preventive suspension shall continue until the case is terminated; however,
the total period of preventive suspension should not exceed six months, without
pay. Nevertheless, when the delay in the disposition of the case is due to the f
ault negligence or any cause attributable to the respondent, the period of such
delay shall not be counted in computing the period of suspension herein provided
.
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What are the penalties imposed by the Office of the Ombudsman?

(a) In administrative charges under Executive Order no. 292 or such other Execut
ive Orders, laws or rules under which the respondent is charged, the penalties p
rovided thereat shall be imposed by the Office of the Ombudsman.
(b) In administrative proceedings conducted under the Rules of Procedure of the
Office of the Ombudsman, the penalty of reprimand, suspension without pay for a
minimum period of one (1) month up to a maximum period of one (1) year; demotion
, dismissal from the service, or a fine equivalent to his salary for one (1) mon
th up to one (1) year, or from Five Thousand Pesos (P5,000.00) to twice the amou
nt malversed, illegally taken, or lost or both, at the discretion of the Ombudsm
an, taking into consideration circumstances that mitigate or aggravate the liabi
lity of the officer or employee found guilty of the complaint or charge.
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What are the accessory penalties of the penalty of dismissal from the se
rvice?

The penalty of dismissal from the service shall carry with it that of cancellati
on of eligibility, forfeiture of retirement benefits, and the perpetual disquali
fication for re-employment in the government service, unless otherwise provided
in the decision.
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Can the Ombudsman grant immunity from prosecution?

Yes, any person whose testimony or production of documents or other evidence is

necessary to determine the truth in any inquiry, hearing, or proceeding being co
nducted by the Office of the Ombudsman or under its authority in the performance
or furthermore of its Constitutional functions and statutory objectives, includ
ing preliminary investigation, may be granted immunity from criminal prosecution
 by the Ombudsman, upon such terms and conditions as the Ombudsman may determine
, taking into account the pertinent provisions of the Rules of Court.
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How is the immunity from prosecution granted by the Ombudsman?

The immunity from prosecution may be granted upon application of the concerned p
arty, the investigating, and hearing, or prosecuting officer, or at the instance
of the Ombudsman. However, in all cases, the concerned party shall execute an a
ffidavit reciting the substance of his proposed testimony and/or nature of the e
vidence in his possession.
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Can a person subpoenaed to testify as a witness be excused from attendin
g and testifying or from producing books, papers, correspondence, memoranda and/
or records on the ground that the testimony or evidence, documentary or otherwis
e, required of him tend to incriminate him or subject him to prosecution?

In all hearings, inquiries, and proceedings of the Office of the Ombudsman, incl
uding preliminary investigation of offenses, no person subpoenaed to testify as
a witness shall be excused from attending and testifying or from producing books
, papers, correspondence, memoranda and/or records on the ground that the testim
ony or evidence, documentary or otherwise, required of him may tend to incrimina
te him or subject him to prosecution. Provided that no person shall be prosecute
d criminally for or on account of any matter, concerning which he is compelled t
o testify and produce evidence, after having claimed the privilege against self-
incrimination.
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Can the Ombudsman revoke immunity from prosecution previously granted?

Yes, the Ombudsman may revoke immunity from criminal prosecution previously gran
ted upon proper notice in the event that the person granted immunity subsequentl
y retracts his statement, or fails or refuses to testify or produce evidence in
court in accordance with the sworn statement upon which his immunity was granted
.
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Does the immunity from prosecution exempt a party concerned from crimina
l prosecution for perjury or false testimony, demotion or removal from office?

The grant of immunity from prosecution shall neither exempt the party concerned
from criminal prosecution for perjury or false testimony, nor shall he be exempt
from demotion or removal from office.
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Do the Rules of Court apply in the Office of the Ombudsman?

In all matters not provided in the Rules of Procedure of the Office of the Ombud
sman, the Rules of Court shall apply in a suppletory character or by analogy whe
never practicable and convenient.
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Citizen's Charter