How to Prepare an Answer to a Request for Assistance Filed With the Office of the Ombudsman in the Philippines

1) What a “Request for Assistance” usually is (and why your response matters)

A Request for Assistance (RFA) with the Office of the Ombudsman is commonly handled through the Ombudsman’s public assistance / grievance-handling channels (often associated with mediation, facilitation, or initial fact-gathering). It may look informal compared to a full-blown administrative or criminal case, but your answer can shape what happens next, because an RFA can:

  • be resolved quickly through clarification, compliance, refund/rectification, or mediation; or
  • be referred for fact-finding, administrative adjudication, or criminal preliminary investigation if it reveals possible wrongdoing.

Key practical point: Treat an RFA as potentially case-forming. Your written answer should be accurate, complete, and well-supported, while staying disciplined and non-combative.


2) Core legal framework you should keep in mind (Philippine context)

Even when the Ombudsman starts with “assistance,” it operates within a framework that includes:

A. Constitutional and statutory anchors

  • The Ombudsman’s constitutional mandate to act promptly on complaints against public officials/employees and enforce accountability.
  • Republic Act No. 6770 (The Ombudsman Act of 1989) as the principal law organizing powers, functions, and processes.

B. Rules of Procedure and Ombudsman issuances

The Ombudsman uses internal rules/issuances (including rules governing preliminary investigation, administrative disciplinary cases, and fact-finding/public assistance workflows). Your specific deadline and required format are driven primarily by the directive you received (e.g., “submit your Comment within ___ days”).

C. Related laws that frequently intersect with RFAs

Depending on the subject matter, your answer may need to address:

  • RA 3019 (Anti-Graft and Corrupt Practices Act)
  • RA 6713 (Code of Conduct and Ethical Standards)
  • Revised Penal Code provisions (e.g., malversation, falsification, bribery-related offenses)
  • Procurement law (RA 9184) if the dispute involves bidding/awards/contracts
  • COA rules if disallowances, liquidation, or fund use is involved
  • Data Privacy Act (RA 10173) if personal data is part of the records

3) First triage: identify what kind of Ombudsman “paper” you received

Before drafting, read the document and identify what it really asks for. Common variants:

A. “Request for Assistance” / “Endorsement for Assistance” (public assistance track)

  • Usually asks you to explain, act on, or respond to allegations; sometimes to facilitate resolution or submit proof of action taken.

B. “Order to submit Comment/Counter-Affidavit” (case-building track)

  • Signals potential escalation into administrative or criminal proceedings.
  • May require a counter-affidavit with supporting evidence, sometimes under oath.

C. Subpoena / directive with consequences

  • If it resembles a subpoena, treat deadlines and compliance requirements more strictly.

Rule of thumb: If the Ombudsman’s directive uses case terms like complaint, respondent, counter-affidavit, preliminary investigation, administrative case, or assigns a case number (OMB-… / administrative docket), you should respond with the discipline of a formal pleading.


4) Calendar control: deadlines, extensions, and proof of receipt

A. Compute the deadline from the date you received it

  • Count from actual receipt (by you, your office, or your authorized receiving unit).
  • Keep the envelope, registry return card, email transmittal, or receiving stamp.

B. If you need more time, request an extension early

A short, respectful Motion/Request for Extension is common where allowed. Include:

  • the reason (document retrieval, office records, travel, counsel coordination),
  • the specific number of days requested,
  • a commitment to submit by the new date.

C. Preserve proof of filing/service

Keep:

  • receiving copy with stamp,
  • courier tracking and delivery proof,
  • email sent items and acknowledgement (if allowed),
  • registry receipts.

5) Fact discipline: build your internal record before you write

A good Ombudsman response is won in the record, not in rhetoric.

A. Make a timeline and issue map

Create:

  • a date-by-date timeline of events,
  • a list of allegations/issues,
  • the document or witness that answers each issue.

B. Secure the “best evidence”

Gather certified/true copies when possible:

  • letters, memos, emails (with headers), minutes, attendance logs,
  • transaction records: vouchers, ORs, disbursement records, purchase requests, BAC documents,
  • approvals/signatories and delegation orders,
  • policies/circulars in effect at the time,
  • photos/CCTV logs (with chain-of-custody notes if relevant).

C. Identify who has personal knowledge

List potential affiants:

  • approving officers,
  • records custodian,
  • staff who processed the transaction.

D. Protect privileged and sensitive information

  • Don’t overshare personal data that is not necessary.
  • Mark sensitive annexes appropriately and disclose only what is relevant.

6) Choose the correct “shape” of your answer

Your response must match what the Ombudsman asked for.

A. “Comment” (most common in assistance and early evaluation)

A Comment is usually a narrative explanation with annexes. It should:

  • answer each allegation clearly,
  • attach supporting documents,
  • state actions already taken (if any),
  • propose a resolution (if appropriate).

B. Counter-Affidavit (common if it shifts to preliminary investigation)

A Counter-Affidavit is typically:

  • executed under oath,
  • states facts based on personal knowledge or authentic records,
  • attaches annexes,
  • may include legal defenses.

C. Position Paper / Memorandum (less common at RFA stage)

Used if the directive specifically asks for legal arguments beyond factual explanation.

Do not guess. If the directive says “submit a Comment,” submit a Comment—then attach sworn affidavits only if helpful or requested.


7) Substance: what your answer must accomplish

Whether “Comment” or “Counter-Affidavit,” your response should:

  1. Directly respond to each allegation (don’t ignore anything material).
  2. Ground every key factual claim in a document or an affiant.
  3. Explain the process context (what office procedure required, who had authority, what approvals were needed).
  4. Address jurisdiction and propriety where relevant (e.g., Ombudsman vs agency grievance mechanisms—without sounding evasive).
  5. Show corrective action, if the matter is resolvable (refund, release of benefits, correction of records, completion of a pending service).
  6. Demonstrate good faith and absence of corrupt intent where implicated.
  7. Avoid admissions that are not necessary—be candid, but precise.

8) Recommended structure for a high-quality Ombudsman “Comment”

Use a clean, court-pleading style even if it’s “assistance.”

A. Caption and preliminaries

  • Office/Case reference (as written on the Ombudsman paper)
  • Title: “COMMENT” (or “EXPLANATION/COMMENT” as appropriate)
  • Parties: Complainant/Requesting party, Respondent/Office
  • Address to the correct Ombudsman unit

B. Introduction (1–2 paragraphs)

  • acknowledge receipt,
  • state your role and capacity,
  • summarize what you are responding to.

C. Statement of Facts (chronological, citation-style)

  • numbered paragraphs
  • cross-reference annexes: “(Annex ‘1’)”

D. Issues (optional but helpful)

  • “Whether ___”
  • “Whether respondent complied with ___”

E. Discussion / Responses to Allegations (issue-by-issue)

For each allegation:

  1. state the allegation,
  2. state your response,
  3. cite documentary support,
  4. clarify misunderstandings,
  5. state action taken (if any).

F. Good faith / regularity / compliance narrative

If relevant, explain:

  • applicable policies and approvals,
  • separation of roles (who recommends, who approves, who releases funds),
  • safeguards followed,
  • absence of personal benefit.

G. Requested disposition

Examples:

  • dismissal/closure of the RFA for lack of basis,
  • referral back to agency for proper administrative handling (if appropriate),
  • noting that the relief requested has already been granted (attach proof).

H. Verification / certification (only if required)

  • Some submissions require oath/verification; follow the directive.

I. Annex list

  • Annex “A” – …
  • Annex “B” – …

9) Style and tone: what works with the Ombudsman

Do

  • be factual, calm, and respectful;
  • use headings, numbering, and annex labels;
  • concede minor non-material mistakes only if you can immediately contextualize and show corrective action;
  • write for an evaluator who knows nothing about your office.

Don’t

  • attack the complainant personally;
  • speculate about motives;
  • flood with irrelevant documents (it looks like you are burying the issue);
  • rely on “presumption of regularity” as a substitute for evidence.

10) Common defenses and angles (use only if they truly apply)

Because RFAs vary widely, defenses should be tailored. Common ones include:

A. Factual non-occurrence / mistaken identity / wrong office

  • show you were not the responsible officer/unit;
  • attach duty statements, org chart, routing history.

B. Compliance with law/policy and absence of prohibited intent

  • demonstrate process compliance;
  • attach approvals, BAC resolutions, canvass, inspection/acceptance, liquidation.

C. Lack of jurisdiction or prematurity

  • sometimes the dispute is purely private or properly handled first by another mechanism;
  • present this carefully—Ombudsman can still act if public accountability issues appear.

D. Mootness / supervening compliance

  • if the assistance sought has already been provided, prove it with records.

E. Due process and fairness concerns

  • ask for clear particulars if allegations are too vague to answer;
  • request copies of attachments you were not served, if necessary.

Caution: Avoid over-lawyering an assistance matter if it can be resolved administratively in a straightforward way—unless the facts suggest escalation is likely.


11) Handling sensitive scenarios

A. If there’s potential criminal exposure

  • Coordinate with counsel early.
  • Be careful with statements that can be treated as admissions.
  • If invoked, the right against self-incrimination is context-dependent; do not assume it automatically excuses non-cooperation—use a careful, legally guided approach.

B. If the RFA relates to delays/inaction (e.g., release of benefits, permits)

  • Provide:

    • status and processing history,
    • current deficiencies (if any) and who must supply them,
    • a concrete action plan and timeline,
    • proof of notices sent to the requesting party.

C. If it’s a procurement/contracting complaint

Include:

  • BAC documents, eligibility and bid evaluation results,
  • justification for eligibility/disqualification,
  • abstract of bids, BAC resolutions,
  • notice of award, contract, NTP,
  • inspection/acceptance and delivery records.

D. If it’s about missing funds or disallowances

Include:

  • fund source, authority, disbursement trail,
  • liquidation documents,
  • COA observations and actions taken.

12) Filing mechanics: practical checklist

Before submitting, ensure you have:

  • ✅ Correct case reference number and office/unit
  • ✅ Correct title (“Comment,” “Explanation,” “Counter-Affidavit”)
  • ✅ Numbered paragraphs; clear issue-by-issue replies
  • ✅ Annexes labeled and ordered; each annex referenced in the text
  • ✅ Proper signatory authority (you vs head of office vs legal office)
  • ✅ Notarization/verification if required
  • ✅ Proof of service/filing (receiving copy, courier docs, email acknowledgement)
  • ✅ A clean PDF set (if electronic filing is allowed) with readable scans

13) What happens after you submit

Possible outcomes include:

  1. Closure/termination of the assistance matter if satisfactorily resolved or unsupported.

  2. Directive for compliance (e.g., release documents, act within a period, submit additional records).

  3. Referral to fact-finding for deeper evaluation.

  4. Conversion or endorsement into:

    • an administrative case (disciplinary proceeding), and/or
    • a criminal complaint for preliminary investigation.

Your goal is to (a) resolve the legitimate grievance if it’s resolvable, and (b) ensure the record shows lawful conduct and good faith.


14) A practical outline you can adapt immediately

COMMENT

  1. Prefatory statement and receipt
  2. Parties and roles
  3. Relevant background and timeline
  4. Responses to allegations (A, B, C…)
  5. Documents and annexes supporting each response
  6. Actions taken / current status / proposed resolution
  7. Prayer (requested disposition)
  8. Signature, designation, contact details
  9. Verification (if required)
  10. Annex list

15) Final quality-control: the “Ombudsman reader test”

Before filing, ask:

  • If a neutral evaluator reads only my Comment and annexes, will they understand the full story?
  • Have I answered every allegation with a specific factual response?
  • Is every important statement backed by a document or sworn testimony?
  • Did I accidentally include irrelevant or sensitive personal data?
  • Does my requested outcome match the facts and the relief sought?

Important note

This is general information in Philippine legal context and is not a substitute for advice from a qualified lawyer who can review your specific Ombudsman directive, facts, and annexes.

If you paste (redact as needed) the Ombudsman directive and the allegations, I can draft a tailored Comment structure and a tight issue-by-issue response plan you can follow.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.