FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
SENATE 
I 
1447 
S.No. __ 
_ 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
EXPLANATORY NOTE 
Several cases have been dismissed by the Sandiganbayan for failure by the 
Ombudsman to substantiate claims of unlawfully acquired properties against a 
corrupt government official. 
In most cases, the defense was able to successfully show that the alleged 
illegally owned asset are either owned or given by fami.lies or relatives. The lack of 
appropriate powers and measures to address specific gaps in the evidence, 
gathering process hampers the Ombudsman's ability to effectively prosecute 
corrupt government officials resulting to losses of millions of pesos by the State. 
Ombudsman investigators are prevented from looking into the respondent's bank 
records without any subpoena being issued by the Court. The Court, on the other 
hand, can only issue a subpoena upon the filing of case by the Ombudsman. By 
then, respondents have successfully withdrawn or transferred his/her account. 
To address this prevailing problem, the proposed measure seeks to 
strengthen the Ombudsman's investigatory powers as well as its institutional 
capacity to run after corrupt officials. Specifically, the proposed bill seeks to: 
• 
Enable the Office of the Ombudsman to issue subpoena 
and subpoena duces tecum, during the preliminary 
investigation in order look into bank records even prior to 
the filing of a case before the court; 
• 
Motu proprio, issue freeze order to unlawfully acquired 
assets for six months; 
• 
Provide immunity from criminal, administrative or civil 
suits to the Ombudsman investigators and prosecutors 
arising from the regular exercise of their official duties; 
and 
• 
Impose penalties to the officer or employee found guilty 
of 
the 
charge 
even 
during 
election 
period 
notwithstanding the prohibitions under the Election Code 
and other similar statutes. 


With the passage of this proposed legislation, the Ombudsman is able to 
address graft issues in the country through a progressive and transparent system 
of collecting evidence in corruption cases, supporting effective asset recovery, and, 
addressing fundamental institutional capacity. 
Hence, approval of this bill is earnestly sought. 


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, 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
lO 
.JUL t 5 J\ 9 :l1r1-
SENATE 
S. No. 1447 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
AN ACT 
STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE OFFICE OF THE 
OMBUDSMAN BY AMENDING CERTAIN PROVISIONS OF RA 6770 
OTHERWISE KNOWN AS "THE OMBUDSMAN ACT OF 1989" 
Be it enacted by the Senate and House of Representatives of Philippines in 
Congress assembled: 
SECTION 1. Section 6 of R.A. No. 6770 is hereby amended to read as 
follows: 
"SEC. 6. Rank and Salary. -
The Ombudsman and his Deputies 
shall have the same ranks, salaries and privileges as the Chairman and 
members, respectively, of a Constitutional Commission. Their salaries 
shall not be decreased during their term of office. 
The members of the prosecution, investigation, [and] legal AND 
ADMINISTRATIVE STAFF of the Office of the Ombudsman shall receive 
EMOLUMENTS AND salaries which shall not be less than those given to 
comparable positions in any office in the Government. 
OTHER 
BENEFITS 
AND 
ALLOWANCES 
GRANTED 
TO 
OFFICIALS 
AND 
EMPLOYEES 
OF 
THE 
OFFICE 
OF 
THE 
OMBUDSMAN SHALL BE PAID OUT OF THE NATIONAL FUNDS 
AND INCLUDED IN THE ANNUAL APPROPRIATIONS OF THE 
OFFICE OF THE OMBUDSMAN," 
, 
SEC. 2. Section 15 of RA No. 6770 is hereby amended to read as follows: 
20 
"Section 15. Powers, Functions and Duties. - The Office of the 
21 
Ombudsman shall have the following powers, functions and duties: 
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XXX 
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25 
(8) 
Administer oaths, issue subpoena and subpoena duces tecum, 
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and take testimony in any investigation or inquiry, including the power to 
27 
examine 
and 
have 
access 
to 
bank 
accounts 
and 
records 
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NOTWITHSTANDING THE PROVISIONS OF R.A. 1405, R.A. 6426, 
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R.A. 8791, AND R.A. 9160; 
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(9) 
Punish for contempt in accordance with [the Rules of Court] ITS 
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OWN RULES and [under the same procedure] with the [same] penalties 
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provided [therein] UNDER SECTION 37 OF THIS ACT; 
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XXX 
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(11) 
Investigate and initiate the proper action for the recovery of ill-
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gotten and/or unexplained wealth amassed after February 25, 1986 and 
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the prosecution of the parties involved therein. THE REPUBLIC OF THE 
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PHILIPPINES SHALL BE EXEMPT FROM FILINGIOR PAYMENT OF 
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ANY BOND. THE PROPERTIES TO BE RECOVERED, FORFEITED 
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ANDIOR SURRENDERED SHALL BE EXEMPT FROM PAYMENT OF 
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ANY TAXES BOTH NATIONAL AND LOCAL; 
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(12) ISSUE FREEZE ORDERS ON UNLAWFULLY ACQUIRED 
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PROPERTIES OR ASSETS OR ITSITHEIR EQUIVALENT VALID FOR 
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A PERIOD OF NOT MORE THAN SIX MONTHS. 
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SEC. 3. Section 17 of RA No. 6770 is hereby amended to read as follows: 
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,"SEC.17. 
Immunities. 
-
In 
all 
hearings, 
inquiries, 
and 
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proc,eedings of the Ombudsman, including preliminary investigations of 
19 
offenses, no person subpoenaed to testify as a witness shall be excused 
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from attending and testifying or from producing books, papers, 
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correspondence, memoranda and/or other records on the ground that 
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the testimony or evidence, documentary or otherwise, required of him, 
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may tend to incriminate him, or subject him to prosecution: Provided, that 
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no person shall be prosecuted criminally for or on account of any matter 
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concerning which he is compelled, after having claimed the privilege 
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against self-incrimination, to testify and produce evidence, documentary 
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or otherwise. 
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Under such terms and conditions as it may determine, [taking into 
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account the pertinent provisions of the Rules of Court] the Ombudsman 
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may grant immunity from criminal prosecution to any person whose 
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testimony or whose possession and production of documents or other 
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evidence may be necessary to determine the truth in any hearing, inquiry 
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or proceeding being conducted by the Ombudsman or under its 
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authority, in the performance or in the furtherance of its constitutional 
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functions and statutory objectives. The immunity granted under this and 
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the immediately preceding paragraph shall not exempt the witness from 
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criminal prosecution for perjury or false testimony nor shall he be exempt 
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from demotion or removal from office. 
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Any refusal· to appear or testify pursuant to the foregoing 
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provisions shall be subject to punishment for contempt and removal of 
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the imrnunity from criminal prosecution." 
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SEC. 4. Section 25 of RA No, 6770 is hereby amended to read as follows: 
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"Section 25, Penalties -
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(1) 
In administrative proceedings under Presidential Decree No, 807, 
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the penalties and rules provided therein shall be applied, 
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(2) 
In other administrative proceedings, the penalty ranging from 
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suspension without pay for one (1) year to dismissal with forfeiture of 
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benefits or a fine ranging from Five Thousand Pesos (P5,000.00) to twice 
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the amount malversed, illegally taken or lost, or both at the discretion of 
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the Ombudsman, taking into consideration circumstances that mitigate or 
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aggravate the liability of the officer or employee found guilty of the 
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complaint or charges. 
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THESE 
PENALTIES 
MAY 
BE 
IMPLEMENTED 
DURING 
2 
ELECTION 
PERIOD 
NOTWITHSTANDING 
THE 
PROHIBITIONS 
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UNDER THE ELECTION CODE AND OTHER SIMILAR STATUTES." 
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SEC. 5. Insert a new Section 32 in RA 6770 to read as follows: 
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"SEC. 
32. 
IMMUNITY FROM 
SUIT 
OF 
OMBUDSMAN 
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INVESTIGATORS 
AND 
PROSECUTORS. 
-
OMBUDSMAN 
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INVESTIGATORS 
AND 
PROSECUTORS, 
INCLUDING 
THOSE 
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DESIGNATED BY THE OMBUDSMAN PURSUANT TO SECTION 31, 
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SHALL BE IMMUNE FROM CRIMINAL, ADMINISTRATIVE OR CIVIL 
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SUITS ARISING FROM THE 
REGULAR EXERCISE OF THEIR 
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OFFICIAL FUNCTION." 
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SEC. 6. Section 32 of R.A. No. 6770 is hereby amended to read as follows: 
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"Section [32] 33. Rights and Duties of Witness. -
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(1) 
A person required by the Ombudsman to provide the information 
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shall be paid the same fees and travel allowances as are extended to 
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witnesses whose attendance have been required in the trial courts. 
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Upon request of the witness, the Ombudsman shall also furnish him 
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such security for his person and his family as may be warranted by the 
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circumstances. For this purpose, the Ombudsman may, at its expense, 
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call upon any police or constabulal?' unit to provide the said security. 
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. (2) 
A person who, with or without service or compulsory process, 
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provides 
oral 
or 
documentary 
information 
requested 
by 
the 
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Ombudsman shall be accorded the same privileges and immunities as 
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are extended to witnesses in the courts, and shall likewise be entitled to 
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the assistance of counsel while being questioned. 
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(3) 
If a person refuses to respond to the Ombudsman's or his 
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Deputy's subpoena, or refuses to be examined, or engages in 
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obstructive conduct, the Ombudsman or his Deputy shall issue an order 
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direCting the person to appear before him to show cause why he should 
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not be punished for contempt. 
[The contempt proceedings shall be 
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conducted pursuant to the provisions of the Rules of Court.]" 
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SEC. 7. Section 36 of RA 6770 is hereby amended to read as follows: 
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"Section [36] 37. Penalties for Obstruction. -
Any person who 
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wilfully obstructs or hinders the proper exercise of the fu,nctions of the 
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Office of the Ombudsman, or who wilfully misleads or attempts to 
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mislead the Ombudsman, his Deputies, and the Special Prosecutor in 
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replying to their inquiries shall be punished of a fine not exceeding five 
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thousand pesos (P5,000.00). 
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ANY 
PERSON 
GUILTY 
OF 
MISBEHAVIOR 
IN 
THE 
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PRESENCE OF OR SO NEAR AN OFFICER OF THE OFFICE OF 
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THE OMBUDSMAN 
AS TO OBSTRUCT OR INTERRUPT THE 
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PROCEEDINGS BEFORE THE SAME, INCLUDING DISRESPECT 
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TOWARD THE HEARING OFFICER, OFFENSIVE PERSONALITIES 
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TOWARD OTHERS, OR REFUSAL TO BE SWORN OR TO 
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ANSWER AS A WITNESS, OR TO SUBSCRIBE AN AFFIDAVIT OR 
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DEPOSITION WHEN LAWFULLY REQUIRED SO TO DO, MAY BE 
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SUMMARILY ADJUDGED IN CONTEMPT BY SUCH HEARING 
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OFFICER, SUBJECT TO THE APPROVAL OF THE OMBUDSMAN, 
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AND PUNISHED BY FINE NOT EXCEEDING FIVE THOUSAND 
PESOS OR IMPRISONMENT NOT EXCEEDING TEN (10) DAYS. 
ANY 
IMPROPER 
CONDUCT 
TENDING, 
DIRECTLY 
OR 
INDIRECTLY, TO IMPEDE, OBSTRUCT, OR DEGRADE THE 
ADMINISTRATION OF JUSTICE OR ANY INVESTIGATION BEING 
CONDUCTED BY THE OFFICE SHALL CONSTITUTE INDIRECT 
CONTEMPT, AND SHALL, AFTER NOTICE AND HEARING, BE 
PUNISHED WITH THE SAME 
PENALTIES AS 
IN 
DIRECT 
CONTEMPT. 
TO ENFORCE THE PROVISIONS OF THIS SECTION, THE OFFICE 
OF THE OMBUDSMAN MAY, IF NECESSARY, REQUEST THE 
, 
ASSISTANCE OF ANY LAW ENFORCEMENT OFFICE FOR THE 
EXECUTION OF ANY ORDER MADE FOR SAID PURPOSE." 
SEC. 8. Rules and Regulations. - The Ombudsman shall issue, within ninety 
(90) days after the approval of this Act, the necessary rules and regulation relating 
to the administrative aspects of the provisions of this Act. 
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SEC. 9. Seperability Clause. - If for any reason, any section or provision of 
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this Act is declared to be unconstitutional or invalid, the other sections or provisions 
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hereof which are not affected thereby shall continue to be in full force and effect. 
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SEC. 10. Repealing Clause. -
All laws, decrees, orders or rules and 
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regulations, and other issuances which are inconsistent with the provisions of this 
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A.ct are hereby repealed, amended or modified accordingly. 
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SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its 
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publication in two national newspapers of general circulation. 
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Approved, 
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