Category Archives: Constitutional Law

Ombudsman: Toothless Tiger?

There are much debate about whether the Ombudsman has the power to directly remove erring government officials. The Ombudsman has the power.

While the 1987 Philippine Constitution enumerates the powers and functions of the Ombudsman, the framers intended that additional powers be given by law.

Thus, under the Omndusman Act, the legislature gave the ombudsman specific powers. The Ombudsman Act was challenged on constitutional grounds before the Supreme Court of the Philippines. The Supreme Court en banc unanimously upheld its constitutionality. Said the Supreme Court, “[t]he powers of the Ombudsman are not merely recommendatory. His office was given teeth to render this constitutional body not merely functional but also effective. Thus, we hold that under Republic Act No. 6770(Ombudsman Act) and the 1987 Constitution, the Ombudsman has the constitutional power to directly remove from government service an erring public official other than a member of Congress and the Judiciary.”

Advertisements