THIKTEENTH CONGRESS OF THE REPUBLlCl 
OF THE PHILIPPINES 
First Regular Sessio-n 
Introduced by Senator Francis N. Pangilinan 
Section 1 of Article XI of the Constitution provides “Public offi 
public trust. Public officers and employees must at all times be 
to the people, serve them with utmost responsibility, integrity, 
efficiency, act with patriotism and justice and lead modest 
thereto, the fundamental law of the land gives the Office of the Ombudsman 
the calling and badge to protect the people from the abuse and misuse of 
governmental power for personal aggrandizement. Accordingly, Republic 
Act No. 6770, otherwise known as the Ombudsman Act of 1989, was enacted 
on November 17, 1989. 
Further, to give meaning to the above-stated constitutional 
appellation, the Office of the Ombudsman is charged with five major 
functions, to wit: Public Assistance, Graft Prevention, Investigation, 
Prosecution and Administrative Adjudication. 
However, despite the foregoing command, graft and corruption in the 
government continue to escalate in number. While the Office is being 
overwhelmed with complaints of corruption by government officials, 
including high ranking officers, nevertheless, resolutions continue to elude the 
people. This is not to put the blame on the lackluster performance of the 
lawyers in the Office of the Ombudsman. The number of lawyers in the Office 
is just so considerably insignificant vis-a-vis the number of cases pending 
before the institution. This is not to mention the saddle of having to contend 
with the fancied, prominent and high caliber lawyers the accused hire to 
handle their cases. 
To give meaning to the mandate of the Ombudsman as protector of 
the people and promoter of integrity and efficiency and high ethical 
standards in public service through prompt investigation of complaints and 
aggressive prosecution of cases filed against erring public officials and 
employees, there is a need to equip the Office with enough competent 
lawyers to promptly handle complaints and enforce the appropriate 
administrative, civil and criminal liability, in accordance with its mandate. 
Sadly, however, the budget constraint of the government renders 
improbable the increasing of appropriation to cover the ideal number of 
lawyers to handle the cases pending before the Office. Thus, this Bill aims to 
authorize the Ombudsman to hire private lawyers to assist the Office in 
handling the cases before it. Unless, the shortage of lawyers in the 
the Ombudsman is resolved, aversion of corruption in the 
efficiency in the government service will be highly improbable. 
Thus, the passage of the Bill is earnestly requested, 
bc 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Francis N. Pangilinan 
API\EN DI MG S E ~ ~ I  
O~ 
O ~ H E ~ W I ~ E  
 OW^ AS " 
ALLOW 
AS P R O S g ~ ~ T O ~ S  
Be it enacted by the Se 
Philippines in Congress assembled: 
Section. 1. Section 31 of Republic Act No. 6770 is hereby further 
amended to read as follows: 
"Section 31. Designation of Investigators and Prosecutors. - 
The Ombudsman may utilize the personnel of his office and/or 
designate or deputize any fiscal, state prosecutor or lawyer in the 
government services to act as special investigator or prosecutor to 
assist in the investigation and prosecution of certain cases. THE 
OMBUDSMAN MAY ALSO DESIGNATE PRIVATE LAWYERS TO ACT AS 
INVESTIGATORS 
AND/OR 
PROSECUTORS 
TO 
ASSIST 
IN 
THE 
PROSECUTION OF CASES DECIDED HEREUNDER. Those designated 
and deputized to assist him herein provided shall be under his 
supervision and control. 
"The Ombudsman and his investigators and prosecutors, 
whether regular members of his staff or designated by him as herein 
provided, shall have authority to administer oaths, to issue 
subpoena and subpoena duces tecum, to summon and compel 
witnesses to appear and testify under oath before them .and/or 
bring books, documents and other things under their control, dhdto 
secure the attendance or presence of any absent or reccrlcitrant 
witnesses through application before the Sandiganbayan or before 
any 
. 
infetia or superior court having jurisdiction of the place where 
the witnesses or evidence is found. 
"THE OMBUDSMAN MAY DESIGNATE PRIVATE LAWYEPS TO 
ASSIST HIM IN THE PROSECUTION OF CASES IN THE FOLLOWING 
INSTANCES: 
A. 
CASES 
INVOLVING 
FORMER 
PRESIDENTS 
OF 
THE 
PHILIPPINES, FORMER VICE PRESIDENTS OF THE PHILIPPINES, 
INCUMBENT AND FORMER MEMBERS OF THE CAB1 


INCUMBENT AND FORMER UNDERSECRETARIES APPOINTED 
IN THE EXECUTIVE BRANCH; 
B. 
CASES REQUIRING SPECIALIZED AND EXPERT KNOWLEDGE 
AND TRAINING OF THE LAW: 
C. 
CASES WHERE THE PRIVATE LAWYER DEPUTIZED BY THE 
OMBUDSMAN IS ALSO THE COMPLAINANT IN THE FILING OF 
THE 
ORIGINAL 
COMPLAINT 
LODGED 
WITH 
THE 
OMBUDSMAN. 
WHERE THE COMPLAINANT IS NOT A 
LAWYER, THE OMBUDSMAN MAY ALSO DESIGNATE OR 
.DEPUTIZE THE PRIVATE LAWYER/S HIRED AND ENGAGED BY 
THE SAID COMPLAINANT. 
< 
"Sec. 31-A. DEFINITION OF PRIVATE LAWYERS. - FOR PURPOSES 
OF THIS ACT, THE TERM PRIVATE LAWYER SHALL MEAN OR BE 
UNDERSTOOD AS FOLLOWS: 
(A) (I) ANY PERSON LEARNED IN THE LAW AS AN ATTORNEY, 
COUNSEL, OR A PERSON LICENZED TO PRACTICE LAW; 
(11) ANY PERSON WHO PROSECUTES OR DEFEND 
AUSES 
IN COURTS OF RECORD OR OTHER JUDICIAL TRlBU AL, OR 
WHOSE 
BUSINESS 
IS TO 
GIVE LEGAL ADVl E OR 
ASSISTANCE IN RELATION TO ANY CAUSE OR MATTE ; OR 
(Ill) ANY LAWYER WHO IS NOT EMPLOYED IN ANY 
GOVERNMENT AGENCY AND NOT PAID OUT OF PUBLIC 
FUNDS: AND 
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(B) WITH AT LEAST FIVE (5) YEARS OF ACTIVE LITIGATION 
PRACTICE OR EXPERIENCE 
"SEC. 31-B. NATUTE OF SERVICES. -THE SERVICES RENDERED BY 
THE PRIVATE LAWYERS UNDER AND PURSUANT TO THIS ACT SHALL BE 
PRO BONO AND ON A PURELY VOLUNTARY BASIS EXCEPT THAT 
FOR THE ACCOUNT OF THE OFFICE OF THE OMBUDSMAN. 
INCIDENTAL, NECESSARY AND OUT-OF-POCKET EXPENSES SHALL BE 
"SEC. 31-C. PROHIBITION ON APPEARANCE. - f'RIVATE 
LAWYER/S DESIGNATED BY THE OMBUDSMAN UNDER AND PURSUANT 
TO THIS ACT AND THE FIRMS TO WHICH THEY BELONG SHALL, IN 
CASES WHERE ACTUAL OR POTENTIAL CONFLICT OF INTEREST ARISES, 
BE BARRED FROM APPEARING AS COUNSEL OR AGENT OF THE 
OMBUDSMAN, AND FROM TRANSACTING BUSINESS DIRECTLY OR 
INDIRECTLY WITH THE SAID OFFICE, WHILE THEY ARE DEPUTIZED TO 
ASSIST THE OMBUDSMAN. 
Sec. 2. Separability Clause. - If any provision of this Act is declared 
invalid or unconstitutional, the remainder of this Act or any provisions not 
affected thereby shall remain in force and effect. 
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Section 3. Repealing Clause. - All laws, decrees, ordinance, rule5 
and regulation, executive or administrative orders, and other presidential 
issuances inconsistent with this Act, are hereby repealed, amended or 
modified accordingly. 
Section 4. Effectivity. - This Act shall take effect fifteen (1 5) days 
after its complete publication in at least two (2) newspapers of general 
publication. 
Approved, 
.. 
. -  
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