Ombudsman sets time limits for fact-finding and preliminary investigations

Ombudsman Jesus Crispin Remulla has issued revised rules of procedure setting specific time periods for fact-finding investigations and preliminary probes of criminal, administrative and forfeiture cases.

Administrative Order (AO) No. 1, dated 19 January 2026, was published in three newspapers, formalizing the new guidelines.

Under the AO, the Office of the Ombudsman may initiate a fact-finding investigation, which should not exceed 60 days for simple cases and 90 days for complex cases. The period may be extended for justifiable reasons upon written authority of the Ombudsman or Deputy Ombudsman.

The complexity of cases will be determined based on the number of respondents, the number of offenses charged, the volume of documents, geographical coverage and the amount of public funds involved.

If the investigation shows that charges should be filed, the investigator must recommend the filing of a criminal, administrative or forfeiture complaint. Otherwise, the investigator must recommend the termination of the probe.

The investigator may also recommend that the results of the probe be referred to Congress for the filing of an impeachment complaint, if warranted. Fact-finding investigations are confidential.

The AO sets a 30-day deadline for investigating officers to submit their findings once a docketed criminal, administrative or forfeiture case is submitted for resolution during the preliminary investigation stage.

Upon receipt of the case records, the investigating officer must issue an order within five days directing the respondent to submit a counter-affidavit within 15 days. The complainant may file a reply-affidavit within five days.

If the respondent fails to file a counter-affidavit within the prescribed period despite due notice, cannot be served with the order, or refuses to receive it, the complaint will be deemed submitted for resolution based on the evidence on record.

After the submission of the last allowable pleading, the expiration of the allowable period, or the termination of any clarificatory hearing, the investigator must issue an order declaring the case submitted for resolution.

Within 30 days from submission for resolution, the investigating officer must submit findings and recommendations, together with the information. The case records must also be transmitted to the proper authorities for appropriate action.

The AO further states that a resolution or decision will be deemed promulgated on the date it is signed by the Ombudsman or Deputy Ombudsman.

Without the written approval of the Ombudsman, no information or petition for forfeiture may be filed before the court.