Office of the Ombudsman

The Ombudsman is a public office created by the Constitution. It is considered as the activist watchman and the preserver of the integrity of public service.

The Constitution granted the Ombudsman with certain powers such as to investigate on its own. It can also investigate on complaint filed by any person regarding illegal, unjust or improper acts or omission of any public official, employee, office, or agency.

In line with its power to prosecute offenses of public officers, Ombudsman Conchita Carpio Morales is asking the Congress to give the office the power to access bank records. This was prompted when the Supreme Court weakened the Ombudsman powers by ruling that the office can only access the bank records of suspected erring officials when a case has already been filed in court. The Ombudsman believes that if given this additional power, the office would be able fast-track the investigation of cases.

It is true that the Ombudsman is vested with great powers to investigate but this power should also have limitations in order to prevent abuse of power or violation of due process. The granting of power to access bank records of government official can be helpful for the speedy prosecution of corrupt officials even before the case is filed in court. But this power should not be absolute. It can be allowed only when certain elements such as presence of probable cause or suspicious acts is present. One example is when what is declared in Statement of Assets, Liabilities, and Net Worth of a government official or employee is obviously inconsistent to his to extravagant lifestyle.

It is time for the Ombudsman to regain the public trust, which was diminished in the past administrations, by being firm and courageous in prosecuting corrupt officials. The office can only be tough if granted with powers but without unlawful treatment to the suspected erring officials.