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I am
happy this newspaper has decided to give me the
opportunity to write a column. The column will help
enable me, as Ombudsman, to reach many people. I will
try to sound like a layman as much as possible, so more
readers will understand me. Let me begin by telling you
about the concept of the Ombudsman. It started in Sweden
where the need was felt for a public personality outside
of the government to whom people, who felt they could
not get any help from government, could go.
As such,
he was expected to be a statured person, respected in
both government and private circles. And he was expected
to be someone of well-known competence and of accepted
probity, or at least one against whom no serious
controversy, with a large element of probability, has
been hurled. His moral uprightness, then, was also
expected to be beyond question.
As
Ombudsman, he was expected to be able to talk freely to
all kinds of officials of the land, from the lowest to
the highest, and then to persuade them to act one way or
another on a grievance coming from the citizens, which
the latter could not adequately ventilate via normal
channels, such as the courts, nor find fast and adequate
redress via the regular administrative machinery of
government.
The
Ombudsman’s great weapon, then, was simply the power of
his personality and his power of persuasion.
Over
time, however, the legal personality of the Ombudsman
has evolved. It was found that, given the intractability
of corruption, the inefficiency and sometimes
high-handedness and arrogance of government officials
and personnel, it became insufficient for the Ombudsman
to merely wield persuasive powers. Instead, he had to be
someone whose actions could be enforced within the
judicial system. And that meant giving him definitive
and legally implementable powers.
In the
Philippines, an Ombudsman merely with persuasive powers
is how the office that I now occupy had begun. The
fundamental law of the land, which created the office,
gave him only investigatory powers, but subsequent
legislation gave him prosecutorial powers, as well. Not
only that. He was also given the power not only to
preventively suspend but even dismiss erring government
officials and personnel.
Having
been given broad powers to address all kinds of
wrongdoing in government, today the Ombudsman trains his
sights primarily on anomaly and corruption and, to some
extent, ineptitude in government.
In the
next issue we will talk about the powers of the
Ombudsman.
I welcome reader feedback. Please e-mail me at ombproper@ombudsman.gov.ph. |