The next Ombudsman's constitutional term

Alan F. Paguia
Former Professor of Law
Ateneo Law School
University of Batangas
Pamantasan ng Lungsod ng Maynila
alanpaguia@yahoo.com
May 2, 2011


Merceditas Gutierrez, the overstaying Ombudsman, is finally stepping down from the office effective as of the end of office hours on May 6, 2011.
What would be the constitutional term of the next Ombudsman?
The 1987 Constitution provides that the Ombudsman shall serve for a term of seven (7) years, without reappointment (Sec. 11, ART. XI).

a) Ombudsman Aniano Desierto was appointed in 1995. He completed his 7-year term in 2002.

b) Ombudsman Simeon Marcelo was appointed in 2002. His 7-year term was up to 2009. However, his term was divided into two (2) tenures, or periods of time of actual stay in office. He served the first three (3) years until he resigned in 2005.

c) Ombudsman Merceditas Gutierrez was appointed in 2005. She inherited the remaining four (4) years, or the unexpired portion, of Marcelo’s term. Thus, her tenure ended with the automatic expiration of Marcelo’s 7-year term in 2009.

In short, their respective constitutional terms were as follows:

a) Desierto:
Term – 1995 to 2002
Tenure – 1995 to 2002

b) Marcelo:
Term – 2002 to 2009
Tenure – 2002 to 2005

c) Gutierrez:
Term – 2002 to 2009
Tenure – 2005 to 2009

Therefore, the constitutional term of the next Ombudsman would be from 2009 to 2016. To rule otherwise would be unconstitutional as it would break the chain of 7-year terms provided under the fundamental law.