INTEGRITY AND INDEPENDENCE OF JUDGES, PROSECUTORSAND LAW ENFORCEMENT OFFICIALS
Renato Aviles Peralta Jr.*The prosecution of offences committed by public officers is vested in the Office of the
Ombudsman. Integrity connotes being consistent in doing the right thing in accordancewith the law and ethical standards every time. 1 To insulate the Office from outside pressure
and improper influence, the Constitution, as well as Republic Act No. 6770, 2 has endowed
it with a wide latitude of investigatory and prosecutory powers virtually free fromlegislative, executive or judicial intervention. 3 The independence which the Office of the
Ombudsman is vested with was intended to free it from political considerations in pursuing
its constitutional mandate to be a protector of the people. 4
I. COUNTRY EXPERIENCE
In the case of the Office of the Ombudsman of the Republic of the Philippines,
safeguards to its independence have either been built-in or added during its four decades ofoperation in order to address the institutional vulnerabilities and sometimes, human frailties,
in the performance of functions. The Office of the Ombudsman Philippines relies on two
approaches – legislative measures and programmatic interventions. 5
A. Legislative Measures 6
The basic legal framework of the Philippines, the 1987 Constitution, is by far the mostpotent weapon and shield of the Ombudsman Philippines in ensuring its independence. The
creation of the Office of the Ombudsman is enshrined in the 1987 Philippine Constitution,
in response to the people’s clamour to restore familiar structures of democracy 7 that would

Graft Investigation and Prosecution Officer III, Office of the Ombudsman, Philippines.
Republic of the Philippines v. Maria Lourdes P.A. Sereno, G.R. No. 237428, 11 May 2018.
2
The Ombudsman Act of 1989.
3
Espinosa v. Office of the Ombudsman, 397 Phil. 829, 831 (2000), cited in Angeles v. Desierto, 532 Phil. 647,
656 (2006).
4
Emilio A. Gonzales III v. Office of the President of the Philippines, G.R. No. 196231, 4 September 2012
and Wendell Barreras-Sulit v. Paquito N. Ochoa, Jr. et al., G.R. No. 196232, 4 September 2012.
5
Panel Discussion on Maintaining Independence and Surviving Threats by Samuel R. Martires, Associate
Justice of the Supreme Court (Ret.) and Ombudsman of the Republic of the Philippines during theInternational Seminar Commemorating the 20th Anniversary of the Establishment of the Thai Ombudsman
and Signing Ceremony for the Memorandum of Intent of the South East Asian Ombudsman Forum (SEAOF),
12 February 2020.
6
Panel Discussion on Maintaining Independence and Surviving Threats by Samuel R. Martires, Associate
Justice of the Supreme Court (Ret.) and Ombudsman of the Republic of the Philippines during theInternational Seminar Commemorating the 20th Anniversary of the Establishment of the Thai Ombudsman
and Signing Ceremony for the Memorandum of Intent of the South East Asian Ombudsman Forum (SEAOF),
12 February 2020.
7
Based on the speech of former Commissioner Christian S. Monsod, one of the framers of the 1987
Constitution, delivered during the 25th Anniversary Forum of the Constitutional Fiscal Autonomy Group(CFAG).
*
1- 119 - 119 -guarantee the preservation of rights and dignity. As such, the Office of the Ombudsman
acquires its legitimacy from the blessing of the people and that of the Constitution.
It was the vision of the framers of the Constitution for the Office of the Ombudsman to
go beyond politics; thus, it was removed from the bureaucratic structure and was made into
a constitutional office. 8 Being an independent constitutional office, its abolition cannot be
simply subjected to the power of the legislative branch and would require a much moretaxing amendment of the Constitution.
Pursuant to the Constitution, Executive Order No. 243 was issued decreeing the formalorganization of the Office of the Ombudsman, followed by the passage of “The
Ombudsman Act of 1989”, or Republic Act No. 6770, which further strengthened its
independence in the discharge of its mandate.
To outline the elements of independence as contained in the Ombudsman Act, we will
be following some of the defining elements of independence that have been summarized in
the International Framework of the Ombudsman Institution, a research effort by the Catalan
Ombudsman (Síndic de Greuges de Catalunya) describing some of the internationalframeworks on the ombudsman’s core characteristics. 9
The first element is on personal and professional qualities and eligibilities. Similar to
the international models which commonly define an Ombudsman to be of exemplary recordof independence and impartiality and not engaged in political activities, the Ombudsman
Act requires top Ombudsman officials to be of recognized probity and independence, andmust not have been candidates for any elective office in the immediately preceding
election. 10
The second is on the term of office. The top officials serve for a fixed term of seven (7)years without reappointment, and are not qualified to run for any public office in theelections immediately succeeding their cessation from office. A fixed term avoids theprobability of the ombudsmen compromising themselves by the interest of gaining futureappointment, 11 as what is also being advocated by the Venice Commission. 12
The third is on appointment and remuneration. The Ombudsman and the Deputies areappointed by the President from a shortlist of at least three nominees for every vacancy tobe submitted by the Judicial and Bar Council (JBC), the same body that screens nominees
to the judiciary. Per the Constitution, such appointments require no congressional
confirmation from the Commission on Appointment 13 as is usual in the case of Cabinet
members. Even the salaries of the top Ombudsman officials have been insulated from

Based on the sponsorship speech of Commissioner Jose C. Colayco during the 1986 Constitutional
Commission explaining the independence of the Office of the Ombudsman.
9
International Framework of the Ombudsman Institution. Rafael Ribó (Catalan Ombudsman and member ofthe Board of the International Ombudsman Institute), et al. Síndic de Greuges de Catalunya. April 2016.
10
Section 5, The Ombudsman Act of 1989, Republic Act No. 6770.
11International Framework of the Ombudsman Institution. Rafael Ribó (Catalan Ombudsman and memberof the Board of the International Ombudsman Institute), et al. Síndic de Greuges de Catalunya. April 2016.
12
Venice Commission is the Council of Europe’s Commission for Democracy through Law providing legal
advice to its Member States.
13
Section 8, Article 10 – Accountability of Public Officers. 1987 Philippine Constitution.
8- 120 - 120 -pressure and undue threats by stipulating in the Constitution that their salaries shall not bedecreased during their term of office. 14
The fourth is on dismissal. The mode of removing an Ombudsman is only by
impeachment, and the Ombudsman cannot be forcibly dismissed unless for culpableviolation of the Constitution. 15 Since the Ombudsman is not subject to the disciplinary
authority of the President, the Ombudsman is not beholden to anyone, even the appointing
authority.
The fifth is on guarantees of activity, pertaining to cooperation with the Ombudsman.
As part of its official functions and duties, the Office of the Ombudsman may “request any
government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents.” 16The sixth is on organizational autonomy. The Office’s position structure and staffing
pattern is to be approved and prescribed by the Ombudsman, who is also the appointing
authority of Ombudsman employees. 17 Direct recruitment of staff by the Ombudsman isthe preferred solution to preserve independence. 18
The seventh is on budgetary autonomy. The Constitution and the Ombudsman Act
grants fiscal autonomy to the Office of the Ombudsman. Its approved annual appropriations
shall be automatically and regularly released, 19 and Congress cannot slash its budget. Thisis an additional constitutional guarantee to further strengthen and insulate the Office of the
Ombudsman from politics and other pressures.
Based on the research made on the International Frameworks of Ombudsman
Institution, some earlier international texts have “minimal reference” or “lesser intensity”
as to the need for an ombudsman to be endowed with adequate resources. 20 Whenombudsman institutions, however, are not given the rightful resources to discharge theirfunctions, it will not only pose a threat to its independence, but budgetary reasons may
potentially be used to justify its disappearance, 21 if pursued by certain parties.
As can be seen, in the case of the Philippines, the legal background is adequate to afford
independence to the Office of the Ombudsman. Perhaps, the real challenge is its honest-togoodness application, including the willpower and conviction to assert independence at all
times, and to stand by it even in the midst of tremendous pressure. 22
Ibid., Section 10, Article 10.
Ibid., Section 8.
16
Ibid., Section 5.
17
Ibid., Section 11.
18
Organizational Autonomy, pages 17-18. International Framework of the Ombudsman Institution. Rafael
Ribó (Catalan Ombudsman and member of the Board of the International Ombudsman Institute), et al. Síndic
de Greuges de Catalunya. April 2016.
19
Section 14, Article 10 – Accountability of Public Officers. 1987 Philippine Constitution; and Section 38.
The Ombudsman Act of 1989, Republic Act No. 6770.
20
Budgetary Autonomy. Page 18. International Framework of the Ombudsman Institution. Rafael Ribó
(Catalan Ombudsman and member of the Board of the International Ombudsman Institute), et al. Síndic de
Greuges de Catalunya. April 2016.
21
Ibid.
22
Panel Discussion on Maintaining Independence and Surviving Threats by Samuel R. Martires, Associate
Justice of the Supreme Court (Ret.) and Ombudsman of the Republic of the Philippines during the1415- 121 - 121 -This brings us to another level of addressing threats to the independence of our Office.
Although our laws guarantee independence, these laws, however, need to be complemented
with measures that treat the sources of threat. Thus, our Office has developed programmaticinterventions aimed to eradicate corruption – the evil that ombudsmans’ offices fight andalso the source of threats to their independence. 23
B. Programmatic Intervention 24
Among the programmes implemented by our Office, the following are the most relevant
ones in addressing threats sprouting from corruption:
1. Integrity, Transparency, Accountability in Public Service (ITAPS) Program
On corruption education, one of the notable initiatives of the Office is the Integrity,
Transparency, Accountability in Public Service Program, or the ITAPS. Offered togovernment officials and employees, ITAPS uses interactive adult learning methods withmodules which have been designed to provide a good understanding of corruption,accountability of public officers, penalizing corruption, and integrity in the public service.
It is the belief of the Office that certain maladministration and misconduct resulting tocorruption offences are by-products of an under- or misinformed workforce, especially therank-and-file employees who are usually underexposed to capacity-building opportunities.
With the conduct of ITAPS, it is envisioned that government employees would be better
informed, and that this would lessen, if not eliminate, corruption in government.
2. Integrity Management Program
In partnership with the Office of the President, our Office is implementing the Integrity
Management Program, or the IMP, the flagship anti-corruption programme of thePhilippine Government. It reviews and assesses the systems and processes of key
government agencies in terms of their risks and vulnerabilities to corruption, and assists
them in drawing up corrective and preventive measures with the aim of establishing asystematic approach in building, improving, reinforcing and sustaining a culture of
integrity in the agency. In 2018, the implementation of the IMP covered fourteen (14)volunteer agencies and was initially introduced to thirteen (13) other public sector
institutions.
At present, the IMP is at the pilot stage of implementation. After its assessment andevaluation, a closer look at its efficacy will be undertaken in order to advocate for its rollout to the rest of the bureaucracy. Once integrity measures are established in the whole ofgovernment, we believe that a significant decrease in corruption incidence can be expected.
3. National Household Survey on Experience with Corruption in the Philippines
In collaboration with the Philippine Statistics Authority (formerly the National
Statistics Office), rider questions to measure the extent or pervasiveness of petty orbureaucratic corruption in the Philippines have been included in our country’s national
household survey. It was successfully done in 2010, followed by surveys in 2013, 2016 andInternational Seminar Commemorating the 20th Anniversary of the Establishment of the Thai Ombudsman
and Signing Ceremony for the Memorandum of Intent of the South East Asian Ombudsman Forum (SEAOF),
12 February 2020.
23
Ibid.
24
Ibid.

- 122 - 122 -2017, and the latest of which is the survey in July 2019. Unlike most domestic andinternational surveys on corruption, the extent or pervasiveness of corruption is measured
not on perception but on actual experience with corruption. The results of these surveys aid
the Office of the Ombudsman in making targeted decisions when it comes to focusing its
limited resources on various anti-corruption work.
4. Values-Formation Program
To institute lasting change, there is a need to focus on the root of the problem ofcorruption – our decaying values system. There is a need to go back to the basics, there isa need to once again promote good morals and right conduct, and there is a need to remind
our countrymen to integrate values in our daily lives. As such, our Office runs certain
values-formation programmes echoing this call.
The general belief is that another way to institute lasting change is to focus on the rootof the problem, which is the Filipino values system. The identified solution is to strike abalance between fear and inspiration such that integrity-building and institutional values
formation become prime and the vision is for inspiration to stem from the example set by
an institution. The challenge then is for the Office to be an acceptable and indomitable
example of moral ascendancy directly drawn from observable practice in order to serve as
inspiration to the people of the Philippines. 25
As such, a return to values already started within the halls of the Office of the
Ombudsman by capacitating its personnel through the Values Enrichment Seminars being
conducted by its training arm and through an active enrolment of its relevant personnel toEthical Leadership Training. Apart from this, systems are also being improved to make it
conducive to the workings of an institution of integrity, i.e. the centralization of a records
repository system and of administrative services. 26
In an effort to ensure a capacitated workforce, continuous capacity-building initiatives
are being held, particularly for our lawyers and investigators on trial advocacy skills, legal
draftsmanship, case analysis and specialized investigative areas such as fraud audit,
forensic accounting, forensic engineering, environmental assessment tools and anti-moneylaundering laws. 27
Monitoring and tracking of cases is essential to anti-corruption efforts. Anotheropportunity for the institution is to strengthen a database system and other tracking systems,
which can effectively detect and flag cases that may be deliberately delayed. This could
prevent internal corruption, such as alleged internal corrupt practices conducted todeliberately delay cases. 28
The Campus Integrity Crusaders programme of our Office aims to empower students
in their involvement in corruption prevention initiatives by developing their leadershipskills and instilling the values of integrity and social responsibility. For those in the private
sector, on the other hand, our Office conducts Integrity Caravans and multi-sectoral
Country Report on Anti-Corruption Best Practices, Success Stories, Challenges, Strategies and Others byRodolfo M. Elman, Deputy Ombudsman for Mindanao, Office of the Ombudsman during 15th Southeast
Asia Parties Against Corruption (SEA-PAC), 8-10 October 2019.
26
Ibid.
27
Ibid.
28
Ibid.
25

- 123 - 123 -meetings wherein stakeholders air their views on how to better fight corruption and, more
importantly, commit to implementing these measures.
At this point, it is also worth mentioning that a key anti-corruption strategy that has
worked for the Office for so many years is interagency collaboration. Just recently, thePresident has ordered the creation of a Mega Task Force to pin down corruption among all
government agencies. There may have been camps looking at this as duplication of work,overstepping boundaries or creating unclear grounds but for institutions that have worked
closely for several years now, rapport and respect of jurisdiction is both a written andunwritten rule. In interagency cooperation, the focus should not only be on good work but
on institutional relationships that mature over time such that the work never becomes acompetition but a complementation. 29
II. CONCLUDING NOTE
The understanding of the pervasiveness of threats among ombudsman institutions
should steer continuous studies and exchanges on (1) the dimensions of threat, (2) the
different means to address and manage them, and (3) the available aid or assistance to ward
them off. 30
In addition to legal measures, the independence of Prosecutors – and even Judges and
Law Enforcement Officials – depends on the individual’s integrity and core values toinsulate them from outside pressure and improper influence. Hence the need for promotionof good morals and right conduct, integration of values in our daily lives, continuous
education, training and study of the best practices and strategies of other agencies andcountries, regular monitoring of the cases, and transparency in the conduct of investigations,prosecutions and trial of cases.
Vital to this endeavour is also cooperation from all the concerned parties in order toensure the detection and prevention of corruption. Each and every one of us must always
do the right thing in accordance with the law and ethical standards and contribute in ourown way in order to win the fight against corruption.

Presentation of Anti-Corruption Progress by Cornelio L. Somido, Deputy Ombudsman for Luzon, Officeof the Ombudsman during the 16th Principals Meeting of the ASEAN Parties Against Corruption (ASEANPAC), 9 December 2020.
30
Panel Discussion on Maintaining Independence and Surviving Threats by Samuel R. Martires, Associate
Justice of the Supreme Court (Ret.) and Ombudsman of the Republic of the Philippines during theInternational Seminar Commemorating the 20th Anniversary of the Establishment of the Thai Ombudsman
and Signing Ceremony for the Memorandum of Intent of the South East Asian Ombudsman Forum (SEAOF),
12 February 2020.
29- 124 - 124 -