The Ombudsman, Sandiganbayan and Anti-Graft Laws: A CSE Study Guide

Article XI of the 1987 Constitution opens with a sentence every civil service examinee should know by heart: public office is a public trust. The Code of Conduct (RA 6713) tells public servants how to behave. A second set of institutions and laws deals with what happens when they do not. This guide explains that system: who investigates, who prosecutes, who tries the cases, and which laws define the offences.

The big picture in one table

Body or law	Role
Office of the Ombudsman	Investigates complaints and prosecutes erring officials
Office of the Special Prosecutor	Prosecutes cases before the Sandiganbayan (part of the Ombudsman)
Sandiganbayan	Special court that tries graft and corruption cases
Commission on Audit	Audits government accounts and disallows irregular spending
RA 3019	Anti-Graft and Corrupt Practices Act
RA 7080	Plunder Law
RA 9184	Government Procurement Reform Act
RA 11032	Ease of Doing Business and Efficient Government Service Delivery Act

The Office of the Ombudsman

The Constitution created the Ombudsman as an independent office. Key facts from Article XI:

• The Ombudsman and the Deputies are the “protectors of the people” and must act promptly on complaints (Section 12).
• The office includes an overall Deputy and at least one Deputy each for Luzon, Visayas and Mindanao; a separate Deputy for the military establishment may also be appointed (Section 5).
• The Ombudsman must be a natural-born citizen, at least 40 years old, a member of the Philippine Bar, and must have been a judge or engaged in the practice of law for ten years or more (Section 8).
• The term is seven years without reappointment (Section 11), the same as members of the Constitutional Commissions.

The Ombudsman Act of 1989 (RA 6770) organised the office. It also placed the Office of the Special Prosecutor under the Ombudsman.

The Ombudsman is also an impeachable officer, together with the President, the Vice-President, members of the Supreme Court and members of the Constitutional Commissions.

The Sandiganbayan

The Sandiganbayan is the special anti-graft court. Article XI, Section 4 provides that it shall continue to function and exercise its jurisdiction as provided by law. It tries graft and corruption cases and other offences committed by public officers in relation to their office, according to the rules on jurisdiction set by law.

Do not confuse: the Sandiganbayan tries cases; the Ombudsman investigates and prosecutes them; COA audits accounts.

The Anti-Graft and Corrupt Practices Act (RA 3019)

RA 3019, enacted in 1960, lists corrupt practices of public officers. The provision used most often is Section 3(e): causing undue injury to any party, including the government, or giving any private party unwarranted benefits, through manifest partiality, evident bad faith or gross inexcusable negligence.

Other corrupt practices in the law include requesting or receiving gifts in connection with government contracts and transactions, and having a financial interest in transactions requiring one’s approval.

The Plunder Law (RA 7080)

Plunder is the gravest corruption offence. It is committed when a public officer, alone or with others, amasses ill-gotten wealth of at least ₱50 million through a combination or series of overt criminal acts. Its high threshold distinguishes it from ordinary graft.

Ease of doing business and anti-red tape (RA 11032)

The Anti-Red Tape Act of 2007 (RA 9485) was strengthened by RA 11032 of 2018, the Ease of Doing Business and Efficient Government Service Delivery Act. It created the Anti-Red Tape Authority (ARTA) under the Office of the President and set maximum processing times:

Type of transaction	Maximum processing time
Simple	3 working days
Complex	7 working days
Highly technical	20 working days

Every office must post a Citizen’s Charter listing its services, requirements, fees, steps, processing times and responsible persons. Demanding “express fees” or acting as a “fixer” to speed up a transaction is prohibited.

Government procurement (RA 9184)

Public money must be spent through fair and transparent processes. RA 9184 of 2003 sets the rules for government procurement, generally through competitive public bidding, and established PhilGEPS, the online portal where agencies post procurement opportunities and awards.

Freedom of information

Executive Order No. 2 (2016) put the people’s constitutional right to information into operation in the executive branch. A general Freedom of Information law covering all branches has not yet been enacted.

How these connect to RA 6713

RA 6713 sets the norms; the laws above enforce them. A public servant who accepts a gift in connection with a transaction may violate RA 6713, RA 3019 and the anti-red tape law at the same time. Exam questions often describe such a situation and ask which law or office applies.

How to remember it

1. Bodies by verb: Ombudsman investigates and prosecutes, Sandiganbayan tries, COA audits, ARTA enforces service deadlines.
2. Numbers: Ombudsman 40 years old and 7-year term; plunder ₱50 million; service deadlines 3–7–20 working days.
3. Laws by year: RA 3019 (1960), RA 6713 (1989), RA 6770 (1989), RA 7080 (1991), RA 9184 (2003), RA 9485 (2007), RA 11032 (2018).

Then test yourself with our Ombudsman and anti-graft questions and the RA 6713 set.