GALERO V. CA AND OMBUDSMAN (ADMINISTRATIVE)

The powers, functions, and duties of the Ombudsman are set forth in Section 15(3) of RA 6770 otherwise known as the Ombudsman Act of 1989, which substantially restates Section 13(3), Article XI of the 1987 Constitution, thus:

Section 15. Powers, Functions, Duties - The Office of the Ombudsman shall have the following powers, functions, and duties:

x x x x

(3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects 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.

The restrictive interpretation of the word "recommend" had long been rejected by this Court for being inconsistent with the wisdom and spirit behind the creation of the Office of the Ombudsman. Instead, to be faithful to the constitutional objective, the word has been construed to mean that the implementation of the Ombudsman's order of dismissal, suspension, etc. is mandatory but shall be coursed through the proper officer.

We have already ruled that though the Constitution lays down the specific powers of the Ombudsman, it likewise allows the legislature to enact a law that would grant added powers to the Ombudsman. To be sure, the provisions of RA 6770 taken together, reveal the manifest intent of the lawmakers to bestow the Office of the Ombudsman full administrative disciplinary authority. Specifically, it is given the authority to receive complaints, conduct investigations, hold hearing in accordance with its rules of procedure, summon witnesses and require the production of documents, place under preventive suspension the appropriate penalty imposable on erring public officers or employees as warranted by the evidence, and necessarily, impose said penalty. Clearly, the Office of the Ombudsman was given teeth to render this constitutional body not merely functional but also effective.