Ombudsman

‘THERE is hereby created the independent Office of the Ombudsman composed of the Ombudsman, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao.’ – 1987 Constitution, Art XI Sec 5

The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. – Art XI Sec 11

In July 2011, Conchita Carpio-Morales was appointed Ombudsman. She served the Constitutionally-specified seven year term and handed over to the current Ombudsman Smuel Martires in July 2018. He, therefore, is due to step down in July 2025.

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When I first heard about the role of the Ombudsman, I was optimistic. Of particular interest was that the Ombudsman was specified to be independent. No partisan politics were to be applied.

Art XI Section 13 (7) stated:

‘Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.’

Art XI Sec 13 also specifies that the Ombudsman has the authority to: ‘stop, prevent, and correct any abuse or impropriety in the performance of duties.’

In other words, the Ombudsman has a very wide-ranging remit with a view to reducing, and where possible, eradicating corruption.

As a guide, therefore, it would seem that if the Ombudsman were successful, we would have less corruption and vice versa.

Since 2013, however, the Philippines has, as perceived by Transparency International, slid from 84th in the corruption league table to 115th in 2021. Hence we have become more corrupt than 30 other countries in this eight year period.

We cannot conclude that the Ombudsman has been successful in the never-ending fight against corruption over the past few years.

The current Ombudsman, Samuel Martires, describes a dismal situation. He confirmed that he inherited a ‘top-heavy’ organization when he took office in 2018.

Disappointingly, he says that his ‘hands are tied’ when it comes to reorganizing this independent constitutional body.

Does he mean that he lacks the leadership skills to bring about the necessary changes? Can he bring in a management consultancy which is given the objective to improve matters?

In fact, the 2020 Audit Observation Memorandum of the Commission on Audit (COA) identified that the Ombudsman’s Office had become ‘top heavy’.

It sounds as though the taxpayer is not obtaining good value for money from the Nation’s investment in the Ombudsman.

Does ‘top heavy’ mean that the office has prima donnas who see themselves as too important to do the ‘nitty-gritty’ work that is necessary if corruption is to be identified?

Is there no replacement to Heidi Mendoza?/PN

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