SC backs Ombudsman's independence in appointment of officials, personnel

The Supreme Court (SC) on Monday upheld the power and independence of the Office of the Ombudsman in appointing its officials and personnel.

In a 13-page Decision penned by Associate Justice Renato Corona, the SC en banc set aside and voided Opinion No. 44 of the Civil Service Commission (CSC) which disapproved the Office of the Ombudsman’s request to establish its own qualification standards for the positions of Director II of the Central Administrative Service (CAS) and Finance Management Service (FMS).

 Voting 13-0, the SC declared that the Ombudsman is an independent body and "as a guaranty of this independence, the Ombudsman has the power to appoint all officials and employees of the Office of the Ombudsman, except his deputies. This power necessarily includes the power of setting, prescribing and administering the standards for the officials and personnel of the Office."

It said  the Ombudsman has been vested with the power of administrative control and supervision of the Office which includes the authority to organize directorates for administration and allies services  and to  prescribe and approve its position structure and own staffing pattern.

It also pointed out that this power of the Ombudsman "includes the authority to determine and establish the qualifications, duties, functions and responsibilities of the various directorates and allied services of the Office. This must be so if the constitutional intent to establish an independent Office of the Ombudsman is to remain meaningful and significant."

The high court said that the "CSC cannot substitute its own standards for those of the department or agency, especially in a case like this in which an independent constitutional body is involved."

The case stemmed from the letter of the Office of the Ombudsman dated July 28, 2003 to the CSC requesting the approval of the amendment of qualifications standards for Director II positions in the CAS and FMS of the Anti-graft body, so that it should only require  "Career Service Profession/Relevant Eligibility”. The CSC requires "Career Service Executive Eligibility/Career Executive Service " for the said position.

The CSC issued Opinion No.  44 on Jan. 23, 2004 disapproving the request. This prompted the Ombudsman to elevate the case before the SC .

The SC ruling granted the Ombudsman’s petition and set aside the CSC Opinion. It further ordered the CSC to approve the amended qualification standards for Director II positions in the CAS and the FMS of the Office.