ADMINISTRATIVE ORDER NO.

16
Series of 2003
CREATION OF AN INTERNAL AFFAIRS BOARD
Pursuant to the authority vested in the Office of the Ombudsman under Sections
11 and 18 of Republic Act No. 6770, otherwise known as the “Ombudsman Act of 1989,”
cognizant of the principle that public office is a public trust and that all public officers
and employees, including the officials and employees of the Office of the Ombudsman,
must at all times be accountable to the people, the Office of the Ombudsman deems it
imperative to create the Internal Affairs Board and staffs to ensure the highest integrity
of its officials and employees. Accordingly, the Office hereby promulgates the following
rules and guidelines:
STATEMENT OF POLICY
A. The Office of the Ombudsman shall inculcate among its officials and
employees the faithful observance of the Code of Conduct and Ethical
Standards for Public Officials and Employees, all laws, rules and regulations
concerning the civil service and public accountability, and rules and
regulations of the Office of the Ombudsman.
B. The Office of the Ombudsman shall promulgate and execute programs and
procedures that shall ensure the highest integrity of its officials and
employees.
C. The Office of the Ombudsman shall act on all complaints filed in any form or
manner against any incumbent or former official or employee of the Office of
the Ombudsman, and for this purpose, shall adopt and promulgate stringent
rules that shall ensure fairness, impartiality, propriety and integrity in all its
actions.
I. FUNCTIONS OF THE INTERNAL AFFAIRS BOARD AND STAFFS
The functions, duties and responsibilities of the Internal Affairs Board (IAB or
Board, for brevity) and the IAB staffs are as follows:
A. INTERNAL AFFAIRS BOARD
1. The Board shall recommend to the Ombudsman policies, programs and
procedures that shall ensure strict compliance by officials and employees
of the Office of the Ombudsman with the Code of Conduct and
Ethical Standards for Public Officials and Employees, all laws, rules and
regulations concerning the civil service and public accountability, as well
as rules and regulations of the Office of the Ombudsman. These policies,
programs, and procedures may pertain to sustainable systems for the
conduct of integrity checks, performance audit, personnel background
investigations, lifestyle checks and the like.
2. The Board shall recommend to the Ombudsman the promulgation of a
code of conduct and ethical standards for all officials and employees of
the Office of the Ombudsman, and separate codes that shall apply to
various positions, groups of positions or component units of the Office;
Provided, that said codes shall form part of office rules and regulations;
Provided, further, that said codes shall be consistent with the Code of
Conduct and Ethical Standards for Public Officials and Employees
(Republic Act No. 6713), and all other laws, rules and regulations
concerning the civil service and public accountability.
3. The Board shall recommend to the Ombudsman the promulgation of
manuals of operations that shall apply to bureaus, offices and/or
component units of the Office to ensure the faithful performance of its
mandated functions, duties and responsibilities, in accordance with the
eight norms of conduct of public officials and employees as provided for
in Section 4 of R.A. No. 6713.

102
 4. The Board may direct any official or employee to render assistance to the
IAB in the formulation of policies, programs, procedures, codes of
conduct and manuals of operations.
5. The Board shall act on all complaints against any official or employee of
the Office of the Ombudsman involving charge(s) allegedly committed
singly or in conspiracy with any person.
6. The Board, consistent with the policies provided herein, may, with the
approval of the Ombudsman, request any intelligence or investigating
agency or direct any official, employee, or component unit of the Office
of the Ombudsman other than the IAB Staffs, to conduct an intelligence
operation or fact-finding investigation on any official or employee of the
Office of the Ombudsman.

B. IAB PROGRAM STAFF (PS)

The IAB-PS, under the supervision of the IAB Chairman, shall render legal,
technical and administrative assistance to the IAB in the performance of its
functions mentioned in parts (II)(A)(1) to (II)(A)(4) hereof.

C. INVESTIGATING STAFF (IS)

The IAB-IS, under the supervision of the Board Chairman, shall conduct
the necessary intelligence operation or fact-finding investigation, preliminary
investigation and/or administrative adjudication, and shall render such other
legal, technical and administrative assistance as the IAB may require in the
performance of its functions set forth in parts (II)(A)(5) and (II)(A)(6) hereof.

D. IAB ADMINISTRATIVE OFFICER

The IAB Administrative Officer, under the supervision of the Board

Chairman, shall render administrative assistance to the Board in the
management of records, in the raffling for the selection of evaluating officers,
investigators, members of investigating panels, and IAB Division team leaders
and members, in the calendaring of hearings and meetings of the Board, and
perform such other functions, duties and responsibilities that may be assigned to
the Administrative Officer.

II. COMPOSITION OF THE INTERNAL AFFAIRS BOARD AND STAFFS

A. The Internal Affairs Board (IAB) is hereby constituted with the following
membership:

1. The Overall Deputy Ombudsman

2. The Special Prosecutor
3. The Deputy Ombudsman for Luzon
4. The Deputy Ombudsman for the Visayas
5. The Deputy Ombudsman for Mindanao
6. The Deputy Ombudsman for the Military

The Chairman and the Vice Chairman of the IAB shall be designated by the
Ombudsman from among the members of the IAB for a term of one year. They
may be redesignated at the discretion of the Ombudsman.

103
 B. The IAB shall have its support staff composed of the following:

1. The IAB Program Staff or the IAB-PS shall be composed of the (a) Human
Resource Management Officer V of the Central Office; (b) the Human
Resource Management Officers of the Area/Sectoral Offices, including
the Office of the Special Prosecutor; (c) the Head Executive Assistant; and
(d) other officials and employees of the Office who may be
recommended by the IAB for designation by the Ombudsman for a term
of one year and who may be redesignated at the discretion of the
Ombudsman.

The Coordinator of the IAB Program Staff (PS) shall be designated by the
Ombudsman from among the members of the PS.

2. The IAB Investigating Staff or IAB-IS shall be composed of officers and

employees of the Office of the Ombudsman who are of known integrity
and probity, and who shall be designated by the Ombudsman to act as
investigators and/or hearing officers in cases cognizable by the IAB;
Provided, that the Ombudsman shall designate as members of the IAB-IS
at least two (2) officers/employees from each of the Area/Sectoral
Offices, including the Office of the Special Prosecutor; Provided, further,
that the members of the IAB-IS shall have a term of office of one (1) year
and may be redesignated at the discretion of the Ombudsman.

3. The IAB Administrative Officer shall be designated by the Ombudsman

for a term of one year and may be redesignated at the discretion of the
Ombudsman.

III. PROCEDURES IN HANDLING COMPLAINTS

A. Form of Complaints. The Office of the Ombudsman, through the IAB, shall
act on all complaints in any form against its officials and employees,
involving charge(s) allegedly committed singly or in conspiracy with any
other person, filed by the public or by any official or employee of the Office,
whether said complaint is made orally or in writing, signed or unsigned,
verified or not verified or in any other form.

B. Receipt of Complaints. All complaints against any official or employee of

the Office of the Ombudsman, involving charge(s) allegedly committed
singly or in conspiracy with any other person, may be addressed to:

The Chairman
Internal Affairs Board
Office of the Ombudsman
Agham Road, Quezon City

The complaint may be received by any of the component units of the Office,
which shall immediately forward it to the IAB Administrative Officer.

For purposes of this Order, the component units of the Office of the Ombudsman
are the Central Office, Office of the Special Prosecutor, Office of the Deputy
Ombudsman for Luzon, Office of the Deputy Ombudsman for the Visayas,
Office of the Deputy Ombudsman for Mindanao, and Office of the Deputy
Ombudsman for the Military.

104
C. Assignment of a Reference Number. Upon receipt of the complaint by the
IAB Administrative Officer, the same shall be assigned a sequential reference
number and forwarded to the IAB Chairman for assignment to an
investigator for the conduct of evaluation.

D. Assignment of Complaints for Evaluation. Upon receipt of the complaint,

the Board Chairman, with the assistance of the IAB Administrative Officer,
shall assign the same to a member of the IAB-IS by raffle, for the conduct of
an initial evaluation thereof.

In the absence of the Board Chairman or where the Board Chairman is

disqualified or has voluntarily inhibited himself from participating in the
proceedings, the IAB Vice-Chairman or the IAB member designated by the
Ombudsman, in that order of priority, shall act in his stead.

E. Conduct of Evaluation. Upon receipt of the complaint, the investigator shall

evaluate the complaint and submit to the IAB Chairman, within five (5) days
from receipt thereof, an evaluation report, which shall contain, among others,
the following:

1. A statement as to the form and substance of the complaint;

2. The identity and rank of the respondent(s);
3. The actions recommended to be taken, which may be any of the
following:
a. To proceed with the conduct of a preliminary investigation and/or
administrative adjudication and to further recommend the issuance
of preventive suspension where applicable; Provided, that the
complaint is sufficient in form and substance; Provided, further,
that if the complaint is not under oath, the investigator shall first
require the complainant to subscribe to it under oath;
b. To conduct a fact-finding investigation or intelligence operations;
c. To dismiss the complaint outright; or
d. To refer the complaint to an official, bureau, board, committee or
such other unit in the Office of the Ombudsman, for appropriate
action, such as, but, not limited to any of the following:

1) Directing the respondent and/or his immediate supervisor to

immediately act on a particular matter;
2) Referral of the complaint to the appropriate board, committee or
office unit such as, but not limited to the Decorum and
Investigation Committee (for cases pertaining to sexual
harassment), or the Grievance Committee (for work-related
issues giving rise to employee dissatisfaction such as
interpersonal relationship and linkages, protests on
appointments, non-implementation of policies, practices and
procedure on economic and financial issues, as well as those
affecting recruitment, promotion, transfer, retirement,
termination and the like) or the public assistance unit; or
3) Recommending to the authorized official non-disciplinary
management action.

105
 F. Action on the Evaluation Report
1. Where the Evaluation Report recommends the conduct of a
preliminary investigation and/or administrative adjudication against
any official or employee of the Office of the Ombudsman, the Chairman
shall approve the same, and the case shall immediately be docketed and
assigned by raffle, with the assistance of the IAB Administrative Officer,
to an IAB Investigator or panel, or to the IAB, either in division or en
banc , when proper.
2. Where the Evaluation Report recommends the conduct of a fact-
finding investigation, the case shall immediately be assigned by raffle
with the assistance of the IAB Administrative Officer, to an IAB-IS
investigator or a panel of IAB–IS investigators, at the discretion of the
IAB Chairman.
3. In case the IAB Chairman disagrees with the recommendation to conduct
an intelligence operation, fact-finding investigation, preliminary
investigation and/or administrative adjudication, the decision of the IAB
Chairman shall prevail. The report shall be approved by the following:
a. The IAB Chairman, where the respondent or highest ranking
respondent occupies a position belonging to the first level in the
career service, or who is in the non-career service with Salary Grade
13 and below;
b. The IAB en banc, where the respondent or highest ranking respondent
occupies a position belonging to the second level of the career service
with Salary Grade not higher than 24, or who is in the non-career
service with Salary Grade 14 to 24;
c. The Ombudsman, upon recommendation of the IAB, where the
respondent or the highest ranking respondent occupies a position
with Salary Grade 25 or above.
4. The preventive suspension order, when proper, shall be approved in
accordance with the immediately preceding section.
5. Where the evaluation report recommends any action other than the
conduct of preliminary investigation and/or administrative
adjudication or fact-finding investigation/intelligence operation, the
approval required in part (IV)(F)(3) above should likewise be obtained.
G. Conduct of Fact-Finding Investigation or Intelligence Operation
1. Where the conduct of a fact-finding investigation or intelligence
operation is found to be proper on the basis of a complaint, or at the
instance of the IAB Chairman, IAB en banc or the Ombudsman, the IAB
Chairman, with the assistance of the IAB Administrative Officer, shall
assign the case by raffle to an IAB-IS investigator or to a panel of IAB-IS
investigators.
2. The IAB-IS investigator or panel of IAB-IS investigators shall submit an
Intelligence or Fact-Finding Report, together with his/its
recommendation, to the IAB Chairman within sixty (60) days from
his/its receipt of the complaint.
H. Action on the Intelligence or Fact-Finding Investigation Report
1. Where the Intelligence or Fact-Finding Report recommends the conduct
of a preliminary investigation and/or administrative adjudication
against an official or employee of the Office of the Ombudsman, the
Chairman shall approve the same and direct the investigator or panel of
IAB-IS investigators to prepare the necessary complaint. The case shall
immediately be docketed and assigned by raffle, with the assistance of
the IAB Administrative Officer, to another IAB investigator or panel, or
to the IAB, either in division or en banc, when proper.

106
 2. In case the IAB Chairman disagrees with the recommendation to conduct
preliminary investigation and/or administrative adjudication, the
decision of the Board Chairman shall prevail.
The report shall be approved by the following:
a. The IAB Chairman, where the respondent or the highest ranking
respondent occupies a position belonging to the first level in the career
service, or who is in the non-career service with Salary Grade 13 and
below;
b. The IAB en banc, where the respondent or the highest ranking respondent
occupies a position belonging to the second level of the career service
with Salary Grade not higher than 24, or who is in the non-career service
with Salary Grade 14 to 24;
c. The Ombudsman, upon recommendation of the IAB, where the
respondent or the highest ranking respondent occupies a position with
Salary Grade 25 or above.
3. The preventive suspension order, when proper, shall be approved in
accordance with the immediately preceding section.
4. Where the intelligence or fact-finding report recommends any action
other than the conduct of preliminary investigation and/or
administrative adjudication, the approval required in part (IV)(H)(2)
above should likewise be obtained.
I. Docketing of Cases
The Board Chairman shall direct the Records Officer V of the Central Records
Division to assign a Central Office docket number to the case which has been
recommended for preliminary investigation and/or administrative
adjudication.
J. Assignment of Cases by Raffle
1. Where the respondent or the highest ranking respondent has a Salary
Grade not higher than 24, the Board Chairman, with the assistance of the
IAB Administrative Officer, shall assign by raffle an IAB-IS investigator
or constitute, also by raffle, an IAB-IS investigating team who shall
conduct the preliminary investigation and/or administrative
adjudication.
2. Where the respondent or the highest ranking respondent occupies a
position with Salary Grade 25 to 29, the IAB acting in a division of three,
shall conduct the preliminary investigation and/or administrative
adjudication; Provided, that the IAB division may avail of the assistance of
the investigating staff; Provided, further, that the investigating staff who
will assist the IAB division shall be selected by a majority vote of the
members of the IAB Division.
The assignment of cases to an IAB Division shall be done in the following
manner:
a. The IAB Chairman, with the assistance of the IAB Administrative
Officer, shall first draw by raffle from among the qualified members
of the IAB, the Team Leader of the First Division.
b. Thereafter, the two members of the First Division shall be drawn by
raffle from among the remaining qualified IAB members.
c. The remaining three (3) members of the IAB shall then constitute the
Second Division, whose Team Leader shall be drawn by raffle
conducted by the IAB Chairman, with the assistance of the IAB
Administrative Officer.
d. The Overall Deputy Ombudsman, however, shall automatically act
as the Team Leader of whichever IAB Division he may belong.

107
 e. In no case shall the Deputy Ombudsman for the Visayas and the
Deputy Ombudsman for Mindanao sit at the same time in one
division.
f. The first case filed with the IAB shall be assigned to the IAB First
Division; while the next case shall then be assigned to the IAB Second
Division.
g. Thereafter, the IAB Chairman, with the assistance of the IAB
Administrative Officer, shall conduct another round of raffle to
determine the composition of the IAB Divisions which shall handle
the subsequent cases filed with the IAB.
h. The foregoing procedure shall be repeated after every two (2) cases
that are referred to the IAB for preliminary investigation and/or
administrative adjudication.
i. Where the Team Leader or a member of a division is subsequently
found to be disqualified or has voluntarily inhibited himself from
participating in the proceeding, the IAB Chairman shall request the
Ombudsman to designate a substitute from among the members of
the other division.
j. The presence of at least two members of an IAB Division is required
to constitute a quorum. The vote of at least two members of a
Division is required to pass a resolution or validate an act of the
Division.
3. Where the respondent or the highest ranking respondent is the
Chairman, Vice Chairman or member of the Board, the IAB en banc shall
conduct the preliminary investigation and/or administrative
adjudication; Provided, that the respondent member, Vice Chairman or
Chairman shall automatically be disqualified from participating in the
proceeding except as respondent; Provided, further, that the IAB may avail
of the assistance of the Investigating Staff who shall be selected by a
majority vote of the IAB en banc.
The presence of a simple majority of the qualified IAB members shall
constitute a quorum.
The vote of a simple majority of all the qualified members of the IAB shall be
required to pass a resolution or decision of the IAB en banc; Provided, however,
that in case of a tie or lack of quorum for two (2) scheduled sessions of the
IAB at which the matter is supposed to be taken up, the matter shall be
deemed automatically submitted to the Ombudsman.
K. Conduct of Preliminary Investigation and Administrative Adjudication
Preliminary investigation and administrative adjudication shall be conducted
within sixty (60) days from docketing of the complaint. Unless otherwise
herein provided, the Rules and Regulations of the Office of the Ombudsman
shall apply in all cases cognizable by the IAB. The recommended resolution
or decision shall be submitted to the approving authority within thirty (30)
days upon termination of the proceedings.
L. Approval of Resolutions and Decisions
1. Resolutions and decisions on cases where the respondent or highest
ranking respondent has a Salary Grade not higher than Salary Grade 24
shall be approved by the IAB en banc. The provision in part (IV)(J)(3)
hereof on quorum and number of votes required to pass a resolution or
decision of the IAB en banc shall be observed.

108
 2. Resolutions and decisions on cases where the respondent or highest
ranking respondent occupies a position with Salary Grade 25 or above
shall be submitted by the IAB to the Ombudsman for final action.
M. Motion for Reconsideration
A motion for reconsideration of any order, directive or decision of the
Chairman, the IAB en banc or the Ombudsman, must be filed within five (5)
days from receipt of a written notice thereof and may be entertained only on
any of the following grounds:
1. New evidence has been discovered which materially affects the order,
directive or decision; or
2. Serious errors of law or irregularities have been committed prejudicial to
the interest of the movant.
The motion for reconsideration shall be resolved within five (5) days from
filing; Provided, that only one motion for reconsideration shall be entertained.
Findings of fact of the Office of the Ombudsman, when supported by
substantial evidence, shall be conclusive. Any order, directive or decision
imposing the penalty of public censure, reprimand, suspension of not more
than one month and/or forfeiture of not more than one month salary, shall
be final and unappealable.
N. Disqualifications
The Chairman, Vice Chairman or any member of the IAB, as well as any
member of the IAB Investigating Staff, shall be automatically disqualified
from acting on a complaint or participating in a proceeding under the
following circumstances:
1. He is a party to the complaint, either as a respondent or complainant;
2. He belongs to the same component unit as any of the parties to the case;
3. He belongs or belonged to the same component unit as any of the parties
to the case during the period when the act complained of transpired;
4. He is pecuniarily interested in the case or is related to any of the parties
within the sixth degree of affinity or consanguinity, or to counsel within
the fourth degree, computed according to the provisions of civil law; or
5. He has, at one time or another, acted upon the matter subject of the
complaint or proceeding.
For purposes of this Administrative Order, the Overall Deputy Ombudsman
shall be considered part of the Central Office.
The Chairman, Vice Chairman or any member of the IAB, as well as any
member of the IAB-IS, may, in the exercise of his sound discretion, inhibit
himself from acting on a complaint or participating in a proceeding for just
and valid reasons other than those mentioned above.
Where the Chairman of the IAB is disqualified or has voluntarily inhibited
himself from participating in a case, the Vice-Chairman of the IAB shall act in
his stead. Where the Vice Chairman of the IAB is also disqualified or has
inhibited himself from participating in a case, the Ombudsman shall appoint
an Acting Chairman from among the qualified members of the IAB.

109
 IV. GENERAL PROVISIONS

A. Separability Clause. If any provision of this Order is held

unconstitutional or invalid, other provisions not affected thereby shall
remain valid and binding.

B. Modification Of Existing Issuances. All issuances or provisions of any

issuance of the Office of the Ombudsman which may be inconsistent with
any of the provisions of this Order are hereby repealed or modified
accordingly.

C. Action on Cases Pending upon the Effectivity of this Order. All cases
or complaints filed against or involving any official or employee of the
Office of the Ombudsman, pending at any stage upon the effectivity of
this Order, shall immediately be forwarded to the IAB Administrative
Officer for transmittal to and for appropriate action of the IAB.

D. Applicability of the Rules of Court. The provisions of the Rules of

Court shall apply in a suppletory character, insofar as they are not
inconsistent herewith and whenever practicable and convenient.

E. Effectivity. This Order shall take effect after fifteen (15) days following
the completion of its publication in the Official Gazette or in three (3)
newspapers of general circulation in the Philippines, one of which is
printed in the national language, and upon the filing with the University
of the Philippines Law Center of three (3) certified copies thereof.

SIMEON V. MARCELO
Ombudsman

110