Ombudsman should fulfill mandate to probe complaints against government officials

Is the Office of the Ombudsman above the law? And is Congress itself callous and oblivious of the laws that it has passed, or just too skittish to cross swords with that office that can make their lives miserable at the slightest provocation?

A law passed by Congress, Republic Act No. 6770, or “An Act Providing for the Functional and Structural Organization of the Office of the Ombudsman,” endues that office with the full authority to “[i]nvestigate 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 …” (emphasis supplied).

The same law mandates the “Ombudsman and his Deputies, as protectors of the people, [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 …” (emphasis supplied).

Another law passed by Congress, RA 6713, or “An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees,” obliges all public officials and employees (including those in the Office of the Ombudsman) to “act promptly on letters and requests … (and) within fifteen (15) working days from receipt thereof, RESPOND TO LETTERS, TELEGRAMS OR OTHER MEANS OF COMMUNICATION sent by the public. The reply must contain the action taken on the request” (emphasis supplied).

Truth to tell, that office does not entertain complaints from the public unless they are verified (i.e., personally sworn to before its own investigators or a notary public for a fee and filed in the requisite number of copies. Moreover, they have to be certified against “forum shopping.” What on earth is the purpose of such a ritual? What has happened to RA 6770 which commands the Ombudsman in no uncertain terms to entertain complaints filed by the public “in any form or manner”? Such complaints, especially those filed via emails (the online mode of communication adopted during the pandemic and perpetuated to this day for practical purposes), all get no more than short shrift—never mind that those complaints may contain allegations of malfeasance by public officials and employees. Expecting that office to discern any “leads” for an honest-to-goodness investigation “on its own” is really wishing for the moon!

This matter has been brought to the attention of the Senate President and Speaker, but all to no avail. Their reticence spoke volumes. They couldn’t care less if the Office of the Ombudsman has made a laughingstock of Congress. In fairness, though, that office does “respond promptly” as required by RA 6713—by acknowledging receipt of the emailed complaints and informing the senders about the indispensable “procedures” through its own automatic “replying machine.” That is the usual, miserable excuse for not taking any further “action on the request” for motu proprio investigation. But then, in fairness again to that office, it is not the only one making a mockery of Congress. Many other agencies of the government are also run by inept or incompetent “public servants” just boondoggling and imagining ways to shirk responsibility under the public-friendly laws in question.

Steve L. Monsanto,

lexsquare.firm@gmail.com