Ombudsman pushes own law enforcement unit

MANILA, Philippines — The Office of the Ombudsman on Monday affirmed at a Senate hearing its recommendation to establish its own law enforcement unit—for which an earlier measure was filed in the chamber and an allotment already approved.

According to Assistant Ombudsmen Eliseo Cruz and Luis Gonzaga Bonoan Jr., a law enforcement function for their office would lessen its dependence on other agencies tasked with that particular mandate.

With the formation of such a unit, 100 new positions would be required across its offices nationwide, Bonoan told the Senate committee on justice and human rights, which is deliberating on Senate Bill No. 2394, a measure filed in August by Sen. Panfilo Lacson.

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In his opening statement, Cruz said “The Office of the Ombudsman knows it could have caught more corrupt government personnel… if it is given the power to make lawful arrests and execute such entrapment operations.”

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READ: Senate panel OK’s proposed 2027 Ombudsman’s budget of P7.232B

“At present, the office is mainly dependent on law enforcement agencies such as the PNP (Philippine National Police), the NBI (National Bureau of Investigation) and the AFP (Armed Forces of the Philippines) in order to carry out its mandate,” he said.

Proposed functions

Cruz even said that coordinating with the law enforcement agencies has been “tedious.” Although their assistance has aided in many of the Ombudsman’s inquiries, the long coordination process has also led to some failures, he said.

Apart from counting on law enforcement bodies for entrapment operations, the Ombudsman also “heavily [relies] on them for our informants’ and our own investigators’ protection and security,” Cruz said.

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Bonoan said a law enforcement unit for the Ombudsman would help “centralize the functions relating to administrative judgment, enforcement, institutional security, and compliance monitoring under a single coordinating office.”

Under the agency’s proposal, the Ombudsman’s enforcement service will be granted the following functions:

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• Supervise the implementation of judgment, resolution, directives;

• Establish protocols, systems, and standard operating procedures for enforcement of administrative judgments;

• Protect and secure officials, personnel, complainants, and witnesses;

• Assess operational risks in executing administrative judgments;

• Conduct threat assessments, investigations, and forensic analysis;

• Coordinate with law enforcement agencies on arrests and warrants;

• Serve subpoenas and summons, among others;

• Verify compliance of judgments and resolutions; and

• Provide intelligence and assistance to investigations and enforcement operations.

The Office of the Ombudsman is in charge of investigating offenses by public officials including corruption and abuse of power.

But the agency currently has no authority to arrest or initiate criminal lawsuits. It may only impose administrative penalties or file criminal charges against erring officials.

‘Dedicated personnel’

The measure filed by Lacson seeks to amend the Ombudsman Act of 1998 (Republic Act No. 6770) and proposes to establish the Ombudsman Marshal Service—which would empower the agency to effect arrests, detention, searches and seizures.

Meanwhile the Senate committee on finance approved last month the proposed P7.232-billion budget of the Office of the Ombudsman for 2027.

Among its additional funding requests is P168 million for the establishment of the Ombudsman Marshal Service, including the 100 new positions tasked with serving cyberwarrants, securing evidence, enforcing orders and protecting investigators.

“I think the establishment of the Ombudsman Marshal Service will be very important to the performance of their duties. The personnel directly assigned to the Ombudsman are more dedicated and more vetted than those in other enforcement agencies,” Sen. JV Ejercito, committee chair, said in a statement.

In the House of Representatives, Batangas Rep. Gerville Luistro also filed last month House Bill No. 11413, which seeks to establish as well law enforcement powers for the Ombudsman. —With a report from Inquirer Research

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Source: Inquirer Archives, PNA, docs.congress.hrep.online, senate.gov.ph