c. Ombudsman and Deputies (Const., Art. XI, Sec. 8)

Ombudsman and Deputies (Const., Art. XI, Sec. 8)

Concept

The Ombudsman and the Deputy Ombudsmen cannot practice law during their tenure. Article XI, Section 8 subjects them to the disqualifications and prohibitions imposed on members of the Constitutional Commissions, including the prohibition against engaging in the practice of any profession. Membership in the Philippine Bar is a qualification for appointment, not permission to continue private practice. (Art. XI, Sec. 8, 1987 Const.)¹ (1987 Constitution, Art. IX-A, Sec. 2)

Governing provisions

Article XI, Section 8 of the Constitution sets the qualifications for the Ombudsman and Deputies and incorporates the restrictions in Article IX-A, Section 2. The incorporated restriction applies during their tenure, not merely when a particular matter involves the Office of the Ombudsman. (Art. XI, Sec. 8, 1987 Const.)¹ (1987 Constitution, Art. IX-A, Sec. 2)

Requisites / Rules

• For appointment, the Ombudsman and Deputies must be natural-born Philippine citizens, at least 40 years old, of recognized probity and independence, members of the Philippine Bar, and not candidates for elective office in the immediately preceding election. The Ombudsman must also have been a judge or practiced law in the Philippines for at least 10 years. (Art. XI, Sec. 8, 1987 Const.)¹
• During tenure, they may not hold another office or employment, engage in the practice of any profession, or actively manage or control a business that may be affected by their office’s functions. They may not have a direct or indirect financial interest in a government contract, franchise, or privilege. (Art. XI, Sec. 8, 1987 Const.)¹ (1987 Constitution, Art. IX-A, Sec. 2)

Distinctions

The ban on professional practice is separate from the ban on other employment and the restriction on business management. A proposed legal engagement need not involve appearing in court, and the ban on practicing a profession does not depend on proof that the engagement conflicts with a particular Ombudsman investigation. (1987 Constitution, Art. IX-A, Sec. 2)

Bar tip

Identify the covered officer, then follow Article XI, Section 8’s cross-reference to Article IX-A, Section 2. Do not mistake the required Bar membership and, for the Ombudsman, prior legal experience for an exception allowing practice during tenure. (Art. XI, Sec. 8, 1987 Const.)¹ (1987 Constitution, Art. IX-A, Sec. 2)