Guidelines on the Designation, Functions, Organization and Operation of Resident Ombudsman Coordinators

2011

OMBUDSMAN ADMINISTRATIVE ORDER NO. 22-11

GUIDELINES ON THE DESIGNATION, FUNCTIONS, ORGANIZATION AND OPERATION OF RESIDENT OMBUDSMAN COORDINATORS

In the interest of the service, and in accordance with the authority vested in me by law and the Constitution, each head (the "Head of Office") of all constitutional bodies, departments/regional offices, bureaus, and agencies of the national government, government-owned or controlled corporations, state universities and colleges, as well as local government units (collectively, the "Partner Offices" and individually, the "Partner Office"), shall be urged and requested to cause the designation of a Resident Ombudsman Coordinator in the Partner Office's central, regional, provincial, district, city or municipal offices in accordance with the following rules and guidelines.

RULE I

The Resident Ombudsman Coordinator

The Resident Ombudsman Coordinator is a public official of a Partner Office designated by the Office of the Ombudsman to act in the Partner Office as its strategic partner in anti-corruption education, corruption prevention, public assistance, monitoring compliance with existing laws and directives, and the dissemination of the programs, accomplishments and other related initiatives of the Office of the Ombudsman.

RULE II

Official Station

The Office of the Ombudsman shall request and encourage the Partner Office to provide its Resident Ombudsman Coordinator with an official station which shall be designated and identified as the "Office of the Resident ombudsman Coordinator."

RULE III

Mission

As an extension integrity partner of the Office of the Ombudsman, the Resident Ombudsman Coordinator shall promote, advocate, and carry out its public assistance and anti-corruption programs and initiatives for ensuring excellence in public service delivery and attainment of good governance.

RULE IV

Duties, Functions and Responsibilities

With the guidance and supervision of the Office of the Ombudsman, the Resident Ombudsman Coordinator shall perform the following duties, functions and responsibilities:

1. Public Assistance.

 The Resident Ombudsman Coordinator shall:

a. Act on requests for assistance filed directly with the Partner Office or assigned to him/her by the Head of Office or the Office of the Ombudsman;

b. Assist in the conduct of multi-agency social services caravan for the delivery of frontline services to vulnerable and marginalized sectors; and

c. Facilitate mediation proceedings in accordance with Administrative Order 20, Series of 2008.

2. Public Information and Education.

 The Resident Ombudsman Coordinator shall:

a. Promote and disseminate anti-corruption programs, initiatives and accomplishments of the Office of the Ombudsman and the Multi-Sectoral Anti-Corruption Council in the Partner Office and to the public;

b. Initiate, organize and implement anti-corruption education programs and activities which may include public accountability modules on, but not limited to, The Ombudsman Act of 1989 (RA 6770)and other Ombudsman issuances, the Anti-Graft and Corrupt Practices Act (RA 3019), the Law on Plunder (RA 7080), Forfeiture of Unlawfully Acquired Property (RA 1379), Crimes Committed by Public Officers under the Revised Penal Code, Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713), the Procurement Law (RA 9184), Anti-Red Tape Act (RA 9485)and the United Nations Convention Against Corruption; and

c. Assist the Partner Office in partnering with other government agencies and civil society organizations for the conduct of anti-corruption information, education and capacity building programs and activities.

3. Corruption Prevention.

a. Assist the Partner Office in studying and recommending appropriate reforms in existing office systems and procedures that would prevent the incidence of graft and other irregularities perceived to have been spawned engendered by the said systems and procedures; and

b. Assist the Office of the Ombudsman in the conduct of the Integrity Development Review Plan, formulation of action plans, formation of Integrity Development Committees and monitor the implementation of the Plan.

4. Monitoring.

 The Resident Ombudsman Coordinator shall:

a. Follow up with the Head of Office the implementation of orders/decisions imposing sanctions in connection with Ombudsman administrative cases involving employees of the Partner Office, and report its status and the action taken by the Partner Office to the Office of the Ombudsman; and

b. Monitor the Partner Office's compliance with the required submission of Statements of Assets, Liabilities and Net Worth in accordance with the Code of Conduct and Ethical Standards or Republic Act 6713, as well as the implementation of the Government Procurement Reform Act or Republic Act 9184 in relation to Office Order No. 66, Series of 2006 and the implementation of the Anti-Red Tape Law or Republic Act 9485.

RULE V

Nomination and Designation

The Resident Ombudsman Coordinator shall be nominated and designated in accordance with the following guidelines:

1. Qualifications: The nominees for Resident Ombudsman Coordinator must have the following qualifications:

(a) Must be in the active service;

(b) Of recognized probity, independence of mind, and of proven integrity and competence;

(c) Not related within the third civil degree of consanguinity or affinity to the Head of Office;

(d) Must be discharging supervisory function, preferably with legal background or experience in internal audit/control, human resource development and/or frontline service delivery.

2. Procedures:

a. The Head of Office shall, within thirty (30) days from receipt of the request of the Office of the Ombudsman, submit a list of at least three (3) nominees to the Overall Deputy Ombudsman for Partner Offices in the National Capital Region or the Deputy Ombudsmen for Partner Offices in their respective areas of jurisdiction.

b. The Public Assistance and Corruption Prevention Office (PACPO) concerned shall constitute and convene a screening committee which will conduct the necessary interview/background investigation and submit a report-recommendation within thirty (30) calendar days upon receipt of the nominations. The Bureau of Resident Ombudsman shall act as the screening committee for nominees from the National Capital Region.

c. In cases involving nominees from the Area Offices, the report-recommendation shall be submitted to the Ombudsman thru the Deputy Ombudsman concerned. For nominees coming from the National Capital Region, the report-recommendation shall be submitted to the Ombudsman thru the Overall Deputy Ombudsman.

d. The provisions of letters a, b, and c above, notwithstanding, the Ombudsman, upon his/her own initiative, may designate and re-designate a public official as Resident Ombudsman Coordinator of a particular Partner Office.

e. There shall be a Screening Committee to be constituted as follows:

e.1 Composition:

e.1.1 For Central Office:

 Chairman: BRO Director

 Members:

 Senior Resident Ombudsman (1)

 Resident Ombudsman Program Technical

 Working Group (1)

 Graft Prevention and Control Officer (1)

e.1.2 For Area Offices:

 Chairman: PACPO Director

 Members:

 Graft Prevention Unit (2)

 Each Ombudsman Office concerned shall constitute its own secretariat to assist the Committee.

e.2 Functions. The Screening Committee shall:

• Conduct the necessary interview/background investigation on the nominees;

• Submit a report-recommendation within thirty (30) calendar days upon receipt of the nominations;

• Maintain a database of the Resident Ombudsman Coordinators which shall include the dates of their designation and end of term;

• Remind Heads of Office, at least one (1) month prior to the end of the term of the incumbent NRO, to submit a new list of nominees; and

• Monitor the implementation of this Administrative Order.

3. Term of Office.A Resident Ombudsman Coordinator shall serve for a term of three (3) years. However, he/she may be re-nominated.

a. Within thirty (30) calendar days prior to the expiration of a Resident Ombudsman Coordinator's term, the Head of Office shall submit a list of nominees to the PACPO concerned. The incumbent Non-Organic Resident Ombudsman shall continue to hold office until the Ombudsman issues a new designation.

b. In case of transfer, resignation or retirement, leave of absence/scholarship/study grants for more than six months, the Resident Ombudsman Coordinator shall, within (30) calendar days prior to his transfer, resignation or retirement, leave of absence/scholarship/study grants for more than six months, notify the Head of Office and the PACPO concerned. Within the same period, the Head of Office shall submit a list of nominees to the PACPO concerned.

c. In all other cases of personnel movements, death or permanent disability, the Head of Office shall, within thirty (30) calendar days from such personnel movements, death or permanent disability, notify the Office of the Ombudsman and submit a list of nominees.

4. Designating Authority.The Ombudsman shall designate each Resident Ombudsman Coordinator.

5. Grounds for Revocation.Any designation or re-designation may be revoked by the Ombudsman on any of the following grounds:

a. Dismissal from the service;

b. Final conviction of an offense involving moral turpitude;

c. Poor performance as a Resident Ombudsman Coordinator for two (2) consecutive performance rating periods;

d. Leave of absence/scholarship/study grants for more than six months;

e. Verified reports affecting personal integrity; and

f. Any other grounds recognized by law.

In all cases, the Head of Office shall be notified by the Ombudsman of such revocation. Upon receipt thereof, the former shall submit a list of nominees in accordance with Rule IV.2 of this Administrative Order.

RULE VI

Operations

The Resident Ombudsman Coordinator shall perform his/her functions, duties and responsibilities in accordance with a standard operations manual to be issued by the Office of the Ombudsman. This manual may include: operating procedures, linkages and networking, competency requirements, capability building, performance management and evaluation, incentives and awards systems, accreditation of regional and national aggrupations of Resident Ombudsman Coordinators and reporting system.

RULE VII

Accreditation

For supervision, monitoring and evaluation, the Office of the Ombudsman shall implement an accreditation system for all regional area, and national aggrupations of Resident Ombudsman Coordinators.

RULE VIII

Organization

Subject to guidelines which may be promulgated by the Office of the Ombudsman, the organization of Resident Ombudsman Coordinators shall have three levels namely: regional, area (Luzon, Visayas or Mindanao) and national.

RULE IX

Secretariat

At the national level, the Bureau of Resident Ombudsman (BRO) of the Central Office shall serve as the secretariat for policy setting and standards development and continuing capacity building and reporting system for the operations of the Resident Ombudsman Coordinators. At the area and regional levels, the Public Assistance and Corruption Prevention Office (PACPO) of the Area Offices shall serve as the secretariat for effective coordination, implementation and monitoring of the programs, projects and activities of the Resident Ombudsman Coordinators.

RULE X

Advisory Board

An advisory board shall be composed of the Ombudsman as Chair, Overall Deputy Ombudsman (ODO) as Vice Chair, Assistant Ombudsmen for PACPO Central and Area Offices, PACPO Director for Luzon and BRO Director as members. The Board shall serve as the oversight body to provide policy and strategic direction for the operations of the Resident Ombudsman Coordinators and their organizational networks.

RULE XI

Transitory Provision — Status of Non-Organic Resident Ombudsmen

Upon the effectivity of this Administrative Order, all incumbent Non-Organic Resident Ombudsmen shall continue to function as Resident Ombudsman Coordinators, subject to the preceding provisions of this Administrative Order. All Partner Offices without a Resident Ombudsman Coordinator are encouraged to submit a list of nominees within thirty (30) days from the effectivity of this Order.

RULE XII

Repealing Clause

This Administrative Order shall supersede, modify, or repeal all other previous orders/issuances inconsistent herewith in relation to the Resident Ombudsman Coordinator Program.

RULE XIII

Separability Clause

In the event that any of the provisions of this Administrative Order is declared unconstitutional or illegal, the validity of the other provisions shall not be affected by said declaration.

RULE XIV

Effectivity

This Administrative Order shall take effect fifteen (15) days following the completion of its publication in two (2) national newspapers of general circulation and submission to the UP Law Center.

Manila, Philippines, _________ 2011.

 

(SGD.) MA. MERCEDITAS N. GUTIERREZOmbudsmanOffice of the Ombudsman