Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 178

Introduced by HON, NIEL “JUNJUN"C. TUPAS, JR.
5" District, Hoilo

EXPLANATORY NOTE

‘The 1987 Philippine Constitution created the Office of the Ombudsman to serve
as the watchdog of the people against erring public officials. ‘The Legislature then
promulgated Republic Act No. 6770 otherwise known as “The Ombudsman Act of 1989”
(R.A, 6770) to give flesh to the constitutional provisions. However, R.A. 6770 contains
provisions which are constitutionally objectionable.

Prosecutory and Punitive Powers

In the center of the debate on the constitutionality of R.A. 6770 is the power of
the Ombudsman to discipline elective and appointive officials, specifically whether such
power is prosecutory and punitive or merely recommendatory.

Recommendatory Powers

In the discussions of the 1986 Constitutional Commission on the creation of the
Office of the Ombudsman, it was mentioned that the Office of the Ombudsman of the
Philippines was patterned after the Scandinavian countries wherein the authority of the
Ombudsman lies in his moral suation, prestige of office and the compulsion of public
opinion, rather than on coercion through the use of state power, The delegates
emphasized that the Ombudsman does not have prosecutory or punitive powers, all that
he relies upon is his persuasive and recommendatory power, plus the ability to require
that the proper legal steps be taken to compel the officer to comply, and nothing more
This was the clear intent of the framers of the Constitution as embodied in Article XT,
Section 13 of the Philippine Constitution.

Disciplinary Powers Over Local Elective Offici

Section 21 of R.A. 6770, which provides the Office of the Ombudsman with
disciplinary authority over elective and appointive officials, must also be revisited since it
is in clear conflict with Section 60 of Republic Act No. 7160 otherwise known as the
Local Government Code of 1991, a later law. Section 60 of R.A. 7160 exclusively vests
in the courts the power to dismiss from service erring elective local officials.

Section 60 of RA 7160 is understandable since the quantum of evidence required
in administrative proceedings is lower than in prosecutions before the regular courts, and
administrative due process does not require trial type proceedings as in the courts of
justice. The penalty of removal from public office of a local elective official is too grave
a penalty with serious effects on the will of the people to be passed upon by a mere
administrative body such as the Office of the Ombudsman applying administrative rules
of procedure

Period of Preventive Suspension

While Section 24 of R.A. 6770 properly gives the Office of the Ombudsman the
Power to preventively suspend any officer or employee under his authority pending an


investigation, the period of suspension of not more than six (6) months is too long and
must be shortened to a reasonable period.

Effectivity of Decisions

Pethaps in an attempt to clearly set the rules on the effectivity and finality of
decisions of the Office of the Ombudsman, Section 27 of R.A. 6770 provides for the said
rules, However, the reason for laying down the rules in the law is defeated by the last
paragraph of the very same section which allows the Office of the Ombudsman to amend
or modify the rules on the effectivity and finality of its decisions. This has resulted in the
flip-flopping of the rules on the effectivity and finality of decisions as the Office of the
Ombudsman sees fit

In fact, the Office of the Ombudsman has amended its rules through
Administrative Order No. 17 which provides that an appeal shall not stop a decision of
the Ombudsman from being executory. This is impractical and unfair since it makes a
decision which can possibly be reversed practically final; it defeats the purpose of an
appeal. If the public officer is immediately punished but is acquitted on appeal, the
adverse effects of the immediate execution of the decision/findings of the Office of the
Ombudsman on him cannot be quantified and has no monetary value. The adverse effect
is even worst if the public officer concerned is an elective official since the electorate will
be deprived of the service of their representative. In order words, the damage caused by
the immediate execution of an adverse decision pending appeal is irreparable. Such a
tule can also be used for malicious prosecution and political oppression. Therefore, there
is a need to clearly lay down in the law the rules on the finality of the decisions of the
Office of the Ombudsman as well as to clarify the rules in the execution of said decisions
to prevent the Office of the Ombudsman from tampering with such rules and to make
sure that it does not contravene the constitution in the performance of its function,

For the foregoing reasons, there is a need to revisit the powers of the Office of the
Ombudsman under Republic Act 6770 so that such powers may not be used as a tool for
injustice, abuse and political oppression. The limits of the powers of the Ombudsman
over public officials, especially local elective public officials, must be clearly laid down
in the law in accordance and in conjunction with the Philippine Constitution and the
intent of its framers and other relevant laws. This is necessary to ensure that when the
Office of the Ombudsman adopts its rules of procedure, such rules will not impair
substantive rights and amend the Constitution and the law.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSEBILLNO.__178

Introduced by HON. NIEL “JUNJUN”C. TUPAS, JR.
5" District, Hoilo

AN ACT DEFINING THE AUTHORITY OF THE OFFICE OF THE
OMBUDSMAN OVER ELECTIVE AND APPOINTIVE OFFICIALS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6770 OTHERWISE
KNOWN AS “THE OMBUDSMAN ACT OF 1989”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Section 15, paragraph 3 of Republic Act No. 6770 is hereby

amended to read as follows:

“SEC. 15. Powers, Functions and Duties. - The Office of the
Ombudsman shall have the following powers, functions and duties:

KKK XXX XXX

(3) Direct the officer concerned to take appropriate action against
a public officer or employee at fault or who neglects to perform an act or
discharge a duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith; for enforce its disciplinary authority as provided in
Section 21 of this Act: Provided, That the refusal by any officer without
just cause to comply with an order of the Ombudsman to remove, suspend,
demote, fine, censure, or prosecute an officer or employee who is at fault
or who neglects to perform an act or discharge a duty required by law shall
be a ground for disciplinary action against said officer:]

SECTION 2. Section 21 of Republic Act No. 6770 is hereby amended to read as
follows:

“SEC. 21. Officials Subject To [Disciplinary] OMBUDSMAN’S
Authority; Exceptions. — The Office of the Ombudsman shall have
[disciplinary] authority TO INVESTIGATE AND RECOMMEND
APPROPRIATE PENALTIES over all elective and appointive officials of
the Government and its subdivisions, instrumentalities and agencies,

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including Members of the Cabinet, local government, government-owned
or controlled corporations and their subsidiaries, except over officials who
may be removed only by impeachment or over Members of Congress, and
the Judiciary, THE POWER TO REMOVE LOCAL ELECTIVE
OFFICIALS BELONGS ONLY TO THE COMPETENT COURTS.”

SECTION 3. Section 24 of Republic Act No. 6770 is hereby amended to read as
follows:

“SEC. 24. Preventive Suspension. - The Ombudsman or his
Deputy may preventively suspend any officer or employee under his
authority pending an investigation, if in his judgment the evidence of guilt
is strong, and (a) the charge against such officer or employee involves
dishonesty, oppression or grave misconduct or neglect in the performance
of duty; (b) the charges would warrant removal from the service; or (c) the
respondent's continued stay in office may prejudice the case filed against
him,

The preventive suspension shall continue until the case is
terminated by the Office of the Ombudsman but not more than [six (6)]
THREE (3) months, without pay, except when the delay in the disposition
of the case by the Office of the Ombudsman is duc to the fault, negligence
or petition of the respondent, in which case the period of such delay shall
not be counted in computing the period of suspension herein provided.”

SECTION 4. Section 25 of Republic Act No. 6770 is hereby amended to read as
follows:

“SEC. 25. APPROPRIATE penalties THAT MAY BE
RECOMMENDED.- (1) In administrative proceedings under Presidential
Decree No. 807, the penalties and rules provided therein shall be applied

(2) In other administrative proceedings, the penalty ranging from
suspension without pay for one (1) year to dismissal with forfeiture of
benefits or a fine ranging from five thousand pesos (P5,000,00) to twice
the amount malversed, illegally taken or lost, or both at the discretion of
the Ombudsman, taking into consideration circumstances that mitigate ot
aggravate the liability of the officer or employee found guilty of the
complaint or charges.”


SECTION 5. Section 27 of Republic Act No. 6770 is hereby amended to read as

follows:

“SEC. 27. [Effectivity and] Finality of Decisions. - (1) All
provisionary orders of the Office of the Ombudsman are immediately

effective and executory.

A motion for reconsideration of any order, directive or decision of
the Office of the Ombudsman must be filed within five (5) days after
receipt of written notice and shall be entertained only on any of the

following grounds:

(1) New evidence has been discovered which materially affects the
order, directive or decision;

(2) Errors of law or irregularities have been committed prejudicial to
the interest of the movant. The motion for reconsideration shall be
resolved within three (3) days from filing: Provided, That only one
motion for reconsideration shall be entertained.

Findings of fact by the Office of the Ombudsman when supported by
substantial evidence are conclusive. [Any] OrderS, directives, or
decisions OF THE OFFICE OF THE OMBUDSMAN IN
ADMINISTRATIVE CASES [imposing] RECOMMENDING THE
IMPOSITION OF the penalty of public censure or reprimand, suspension
FROM OFFICE of not more than one (1) month's salary], OR A FINE
EQUIVALENT TO NOT MORE THAN ONE (1) MONTH'S SALARY
shall be final and unappealable. IN ALL OTHER ADMINISTRATIVE
DISCIPLINARY CASES WHERE THE RECOMMENDED PENALTY
IS OTHER THAN PUBLIC CENSURE OR REPRIMAND,
SUSPENSION FROM OFFICE OF NOT MORE THAN ONE (1)
MONTH, OR A FINE EQUIVALENT TO NOT MORE THAN ONE ql)
MONTH'S SALARY, THE ORDER, DIRECTIVE, OR DECISION
BECOMES FINAL ONLY AFTER THE LAPSE OF THE PERIOD TO
APPEAL IF NO APPEAL IS. PERFECTED, OR AFTER THE DENIAL,
OF THE APPEAL FROM THE SAID FINDING, ORDER, DIRECTIVE,
OR DECISION. A DECISION THAT HAS NOT YET BECOME FINAL
CANNOT BE IMPLEMENTED PENDING APPEAL.

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UPON THE FINALITY OF THE ORDER, DIRECTIVE OR
DECISION OF THE OFFICE OF THE OMBUDSMAN, THE OFFICE
OF THE OMBUDSMAN, SHALL ENDORSE ITs
RECOMMENDATION TO THE CONCERNED AGENCY FOR
IMMEDIATE IMPLEMENTATION. IN CASES INVOLVING LOCAL
ELECTIVE OFFICIALS, THE OFFICE OF THE OMBUDSMAN
SHALL ENDORSE ITS FINDINGS AND RECOMMENDATION TO
THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
FOR APPROPRIATE ACTION.

[In all administrative disciplinary cases, orders, directives, or
decisions of the Office of the Ombudsman may be appealed to the
Supreme Court by filing a petition for certiorari within ten (10) days from
receipt of the written notice of the order, directive or decision or denial of
the motion for reconsideration in accordance with Rule 45 of the Rules of
Court.}

[The above rules may be amended or modified by the Office of the
Ombudsman as the interest of justice may require.]

SECTION 6. Repealing Clause. - All laws, presidential decrees, executive

orders, proclamations and/or administrative regulations which are inconsistent with the

provisions of this Act are hereby amended, modified, superceded or repealed accordingly.

SECTION 7. effectivity Clause.

general circulation

Approved,

This Act shall take effect after fifteen (15)
days from its publication in the Official Gazette or in at least two (2) newspapers of