2012 Political Law, Q5

Judge Red is the Executive Judge of Green City. Red is known to have corrupt tendencies and has a reputation widely known among practicing lawyers for accepting bribes. Ombudsman Grey, wishing to “clean up” the government from errant public officials, initiated an investigation on the alleged irregularities in the performance of duties of Judge Red.
Judge Red refused to recognize the authority of the Office of the Ombudsman over him because according to him, any administrative action against him or any court official or employee falls under the exclusive jurisdiction of the Supreme Court. Decide with reasons. (5%)
Does the Ombudsman have authority to conduct investigation over crimes or offenses committed by public officials that are NOT in connection or related at all to the official’s discharge of his duties and functions? Explain. (3%)
Who are required by the Constitution to submit a declaration under oath of his assets, liabilities, and net worth? (2%)

Quick check

Under Section 6, Article VIII of the 1987 Constitution and Maceda v. Vasquez, which body has exclusive administrative supervision over all judges and court personnel?

Why is prior referral to the Supreme Court required before the Ombudsman may investigate a judge for offenses related to official duties?

Does the Office of the Ombudsman have constitutional authority to investigate non-service-connected crimes committed by public officials?

Who among public officers and employees are constitutionally required to submit a sworn Statement of Assets, Liabilities, and Net Worth (SALN)?

What is the primary constitutional objective of requiring public officials to submit a sworn SALN?

Learn more about these topics

1. Judicial Administrative Supervision
Under Section 6, Article VIII of the 1987 Philippine Constitution and Maceda v. Vasquez, the Supreme Court possesses exclusive administrative supervision over all courts and court personnel. The Office of the Ombudsman cannot directly investigate or prosecute a judge for administrative infractions or criminal offenses arising from official judicial duties without prior administrative referral to the Supreme Court. Allowing administrative investigations of judges by non-judicial agencies without Supreme Court authorization violates the constitutional principle of separation of powers and impairs judicial independence.

2. Ombudsman Investigatory Jurisdiction
Under Section 13(1), Article XI of the 1987 Constitution and Deloso v. Domingo, the Office of the Ombudsman possesses broad constitutional authority to investigate any illegal act, omission, inefficiency, or misconduct committed by any public official or employee. This investigatory power extends to crimes or offenses committed by public officers that are not connected with or related to the discharge of their official functions. However, when the officer involved is a member of the Judiciary, criminal charges arising from official judicial acts must first be referred to the Supreme Court.

3. SALN Constitutional Mandate
Section 17, Article XI of the 1987 Constitution mandates that a public officer or employee shall, upon assumption of office and as often as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth (SALN). This constitutional requirement applies universally to all public servants, including constitutional officers, elected officials, and civil service employees. The mandatory SALN filing serves as a constitutional safeguard promoting transparency, accountability, and public trust in government, while guarding against unexplained wealth accumulation.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026