"x x x.
The Ombudsman has the power to directly impose administrative penalties against public officials or employees.
In the case of Ombudsman v. Apolonio2, the Court categorically delineated the Ombudsman’s power to directly impose, not merely recommend, administrative sanctions against erring public officials or employees, viz:
The Ombudsman has the power to impose the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee, in the exercise of its administrative disciplinary authority. The challenge to the Ombudsman’s power to impose these penalties, on the allegation that the Constitution only grants it recommendatory powers, had already been rejected by this Court.
The Court first rejected this interpretation in Ledesma v. Court of Appeals, where the Court, speaking through Mme. Justice Ynares-Santiago, held:
The creation of the Office of the Ombudsman is a unique feature of the 1987 Constitution. The Ombudsman and his deputies, as protectors of the people, are 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. Foremost among its powers is the authority to investigate and prosecute cases involving public officers and employees, thus:
Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.
Republic Act No. 6770, otherwise known as The Ombudsman Act of 1989, was passed into law on November 17, 1989 and provided for the structural and functional organization of the Office of the Ombudsman. RA 6770 mandated the Ombudsman and his deputies not only to act promptly on complaints but also to enforce the administrative, civil and criminal liability of government officers and employees in every case where the evidence warrants to promote efficient service by the Government to the people.
The authority of the Ombudsman to conduct administrative investigations as in the present case is settled. Section 19 of RA 6770 provides:
SEC. 19. Administrative Complaints. – The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency’s functions, though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
The point of contention is the binding power of any decision or order that emanates from the Office of the Ombudsman after it has conducted its investigation. Under Section 13(3) of Article XI of the 1987 Constitution, it is provided:
Section 13. 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 official or employee at fault, and recommendhis removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. (Emphasis, underscoring and italization in the original.)
In Ledesma v. Court of Appeals (Ledesma),3 the Court definitively stated that the statement in Tapiador regarding the Ombudsman’s power was merely an obiter dictum and, as such, could not be cited as a doctrinal pronouncement. Thus:
x x x [A] cursory reading of Tapiador reveals that the main point of the case was the failure of the complainant therein to present substantial evidence to prove the charges of the administrative case. The statement that made reference to the power of the Ombudsman is, at best, merely an obiter dictum and, as it is unsupported by sufficient explanation, is susceptible to varying interpretations, as what precisely is before us in this case. Hence, it cannot be cited as a doctrinal declaration of this Court nor is it safe from judicial examination.
The import of the Ledesma ruling is crystal clear. Although the tenor of the text in Section 13(3), Article XI4 of the Constitution merely indicates a “recommendatory” function, this does not divest Congress of its plenary legislative power to vest the Ombudsman powers beyond those stated in the Constitutional provision. Pursuant to Republic Act (R.A.) No. 6770, otherwise known as The Ombudsman Act of 1989, the Ombudsman is legally authorized to directly impose administrative penalties against errant public servants. Further, the manifest intent of the lawmakers was to bestow on the Ombudsman full administrative disciplinary authority in accord with the constitutional deliberations. Unlike the Ombudsman-like agencies of the past, the powers of which extend to no more than making findings of fact and recommendations, and the Ombudsman or Tanodbayan under the 1973 Constitution who might file and prosecute criminal, civil or administrative cases against public officials and employees only in cases of failure of justice, the current Ombudsman, under the 1987 Constitution and R.A. No. 6770, is intended to play a more active role in the enforcement of laws on anti-graft and corrupt practices and other offenses committed by public officers and employees. The Ombudsman is to be an “activist watchman,” not merely a passive one. He is vested with broad powers to enable him to implement his own actions5.
x x x."
