Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2159

HOUSE BILL NO.

Introduced by: Representative Karlo A. B. Nograles

EXPLANATORY NOTE

The Office of the Ombudsman unlike other vital government agencies
lacks fiscal autonomy. The Office of Ombudsman cannot attract and employ
top notch people and experts because, with this lack of fiscal independence,
the salaries it offers are much lower compared to those given in the private
sector. Its employees cannot fully perform their duties due to lack of
equipment and logistic support. Worse, with their meagre salaries the officers
and employees of the Office of the Ombudsman are susceptible to commit
graft and corruption.

Under Republic Act No. 6770 or the “Ombudsman Act of 1989”, the
Ombudsman and his deputies, shall act promptly on complaints files against
officers or employees of the Government, or any of its subdivision, agency or
instrumentality, including government-owned or controlled corporation, and
enforce their administrative, civil and criminal liability in every case where the
evidence warrants in order to promote efficient service by the Government to
the people.

With this huge responsibility, it is imperative that the Office of the
Ombudsman be granted enhanced fiscal autonomy to be able to fulfil its duty
as a pillar of good governance.

vo B. NOGRALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

House Bittno.__ 2459

Introduced by: Representative Karlo A. B. Nograles

AN ACT
TO STRENGTHEN THE FISCAL AUTONOMY OF THE OFFICE OF THE
OMBUDSMAN, AMENDING FOR THE PURPOSE SECTION 38 OF R.A. 6770,
OTHERWISE KNOWN AS THE “OMBUDSMAN ACT OF 1989”

Be it enacted by the Senate and the House or representatives of the
Philippines in Congress assembled:

Section1. Section 38 of Republic Act No. 6770, otherwise known as
the “Ombudsman Act of 1989”, is hereby amended to read as follows:

“Section 38. Fiscal Autonomy — The Office of the Ombudsman
shall enjoy fiscal autonomy. PURSUANT THERETO, THE OFFICE OF THE
OMBUDSMAN IS HEREBY EXEMPTED FROM THE PROVISION OF R.A. 6758,
OTHERWISE KNOWN AS THE “SALARY STANDARDIZATION LAW”, AND SHALL
HAVE THE AUTHORITY TO ESTABLISH, FIX, REVIEW, REVISE AND ADJUST THE
APPROPRIATE COMPENSATION PACKAGE FOR ITS OFFICERS AND EMPLOYEES.
PROVIDED, THAT THE AMOUNT NECESSARY TO EFFECT THE ADJUSTED
COMPENSATION SHALL BE SOURCED FOM, AND CHARGED AGAINST THE
REGULAR APPROPRIATION AND SAVINGS THEREON, IF ANY, OF THE OFFICE OF
THE OMBUDSMAN AND FROM OTHER SOURCES SUCH AS, BUT NOT LIMITED
TO, FINES, CHARGES, AWARDS, AND FEES THE OFFICE OF THE OMBUDSMAN IS
AUTHORIZED TO ASSESS AND COLLECT IN ACCORDANCE WITH EXISTING LAWS,
INCLUDING EXECUTIVE ORDER NO. 292 AND BATAS PAMBANSA BLG. 325.
PROVIDE, HOWEVER, THAT SHOULD SUCH AMOUNTS BE INADEQUATE, THE
NEEDED BALANCE SHALL BE TAKEN FROM ANY FUND OF THE NATIONAL
TREASURY NOT OTHERWISE APPROPRIATED. THEREAFTER, THE FUNDS SHALL
BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATED ACT.


Appropriations for the Office of the Ombudsman may not be reduced below
the amount appropriated for the previous years and, after approval, shall be
automatically and regularly released.”

Section 2. Nothing in this Act shall prejudice the position, emoluments,
security of tenure and other privileges enjoyed by the incumbent officers and
employees of the Office of the Ombudsman before the implementation of this
Act.

Section 3. The amount necessary for the implementation of this Act
shall be included in the Annual General Appropriations Act.

Section 4. If any provision of this Act shall be held unconstitutional,
other provisions not affected thereby shall remain valid and binding.

Section 5. All laws, decrees, order and issuance inconsistent with the
provision of this Act shall be considered amended or modified accordingly.

Section 6. This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspaper of general circulation.

Approved,