FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Second Regular Session 
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S. B. No. 
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INTRODUCED BY HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Public office is a public trust. Article XI, Section 1 of the1987 Philippine Constitution 
categorically declares this mandate. Thus, the State shall maintain honesty and integrity in 
the public service and is further mandated to take positive and effective measures against 
graft and corruption. Likewise, Section 4 of Republic Act No. 6713, or the Code of Conduct 
of Ethical Standards for Public Officials and Employees expressly mandates all public officials 
and employees to always uphold the public interest over and above personal interest. 
Accordingly, in order to safeguard public trust and ensure accountability from public 
officers, the independent Office of the Ombudsman was created under Section 5, Article XI 
of the 1987 Constitution, with the intention that the Ombudsman would be the “champion 
of the citizen” or the “people’s champion.” Generally, the Office of the Ombudsman has the 
duty to promptly act on complaints before it pursuant to Section 12, Article XI of the 1987 
Constitution. Specifically, the Office of the Ombudsman has both the duty and power to 
conduct preliminary investigations and to direct the filing of criminal cases with the 
Sandiganbayan pursuant to Section 13, Article XI of the 1987 Constitution and Section 13 of 
Republic Act No. 6770, otherwise known as The Ombudsman Act of 1989. 
Unfortunately, in spite of these constitutional and statutory mandates, the current 
government has been saddled with allegations of graft and corruption by high-ranking 
government officials up to the level of the Presidency. Even more unfortunate is the 
apparent attempt to shield said government officials from criminal prosecution by the very 
public officer, in the person of the Ombudsman, constitutionally mandated to investigate and 
prosecute corrupt high-ranking officials. Major graft and corruption cases have remained 
unacted upon, unresolved, and/or been dismissed by reason of either poor handling, for 
which the Ombudsman has been repeatedly rebuked. The Ombudsman has been equally 
assailed for failing to prosecute various cases of graft and corruption involving First 
Gentleman Mike Arroyo as well as other close allies of the President despite the existence of 
overwhelming evidence to support the same. Examples of these high-profile graft and 
corruption cases are the botched MEGA Pacific Scandal, ZTE-NBN Broadband Deal, the 
Jocjoc Fertilizer Fund Scam, the case of the Euro-Generals and most recently, the World 
Bank report that alleged that the First Gentleman demanded and/or received millions of 
pesos in bribe money in exchange for favorable endorsements to contractors bidding for 
government infrastructure projects. 
Thus, this bill proposes the appointment of a Special and Independent Prosecutor who 
will investigate and prosecute all criminal charges against impeachable public officials and 
their relatives, up to the 6fh degree of consanguinity and affinity, in instances where the 


Department of Justice and the Office of the Ombudsman may have personal, financial or 
political conflict of interest, or, have not commenced any resolution to prosecute the same. 
The Special and Independent Prosecutor shall be selected from a list of 5 nominees prepared 
by the Supreme Court, and appointed through a joint resolution of Congress. The 
independent special prosecutor shall have adequate authority, including fiscal autonomy, to 
fully investigate and prosecute such cases that may come within the purview of this Act. 
The intent of this measure is to restore public confidence in an impartial 
administration of justice by ensuring that officials of the government, particularly 
impeachable officials and their relatives could not interfere with any on-going investigation 
or prosecution of a prominent government official or hisher relative. The appointment of an 
independent special prosecutor will ensure that investigations will be free from the influence 
of political and personal considerations. 
In view of the foregoing, urgent passage of this bill is earnestly requested. 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
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FEE! -9 r'!Z :u3 
S E N A T E  
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
TO STRENGTHEN PUBLIC TRUST AND ACCOUTABILITY BY ENSURING 
IMPARTIALITY IN THE INVESTIGATION AND PROSECUTION OF 
CERTAIN CASES INVOLVING IMPEACHABLE PUBLIC OFFICIALS AND 
THEIR 
RELATIVES 
WITHIN 
THE 
6m 
C M L  
DEGREE 
OF 
CONSANGUINITY OR AFFINITY, MANDATING FOR THE PURPOSE THE 
APPOINTMENT OF THE SPECIAL AND INDEPENDENT PROSECUTOR, 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the PhiIippines in Congress 
assem bIed 
SECTION 1. Etle. - 
This Act shall be known as the "special and Independent 
Prosecutor Act of 2009. " 
SEC. 2. 
Declaration of Poficy - 
Pursuant to Article I1 Section 7 of the 1987 
Constitution, the State shall maintain honesty and integrity in the public service. Toward 
this end, public officials shall always uphold the public interest over and above personal 
interest. Further, the State shall implement a mechanism that will discourage the practice of 
undue patronage and ensure that laws are applied to everyone without discrimination and 
regardless of party affiliation or preference. 
SEC. 3. Coverage. - This Act shall apply to the following persons who may have 
committed any crime punishable by at least six (6) years of imprisonment, regardless of fines: 
(a) 
The President and Vice President; 
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Members of the Supreme Court; 
Members of the Constitutional Commissions; 
Ombudsman; 
Any individual who held an office or position described in paragraphs (a), 
(b), (c) or (d) for 1 year after leaving the office or position; and 
Relatives of the individuals occupying an office or position described in 
paragraphs (a), (b), (c) or (d) up to the fifth (6*) civil degree, whether by 
consanguinity or by affinity. 
SEC. 4, Filing an Application for an Appointment of a S'a'al 
and Independent 
Prosecutor in Cares where Conflict of Interests Exis&. - Whenever a case is filed for 
investigation or prosecution by the Office of the Ombudsman andor the Department of 
Justice (DOJ) of a crime involving any of the persons mentioned in Section 1 and the latter 
do not resolve it within a period of fifteen (15) days from filing, or if it may result in a 
personal, financial, or political conflict of interest with any of the officials of the Office of the 
Ombudsman and/or the Department of Justice, any person may file an application for the 
appointment of a Special and Independent Prosecutor in accordance with the provisions 
provided in this Act. 
SEC. 5. Application for Appointment of an Independent Prosecutoz - (a) An 
application for the appointment of a Special and Independent Prosecutor for cases involving 
persons mentioned in Section 1 shall be filed before the Supreme Court. 
(b) When the Supreme Court determines that there is basis for the appointment of a 
Special and Independent Prosecutor as provided in Section 4 of this Act, it shall resolve the 
application, within a period of thirty (30) days, by submitting at least five (5) names, with the 
names on the list ranked and marked as to preference, to be appointed as' the Special and 
Independent Prosecutor; Provided, That no person maybe nominated as the Special and 
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Independent Prosecutor unless he is a citizen of the Philippines, a member of the Philippine 
Bar, at least thirty-five (35) years of age, engaged in the practice of law for at least five (5) 
years, of proven competence, integrity, probity and is not occupying any position in the 
government; Provided Further, that the Supreme Court shall promulgate the necessary rules 
of procedure that will govern the exercise of the powers of the Special and Independent 
Prosecutor as mandated and described under this Act. 
(c) The Congress of the Philippines, through a joint resolution, shall choose and 
confirm the appointment of the Special and Independent Prosecutor who shall come from 
the list of nominees indicated in the resolution of the Supreme Court; Provided, that if 
Congress does not act on the resolution of the Supreme Court within a period of fifteen (15) 
days from receipt of such, regardless of whether or not Congress is in session, the first name 
on the list of nominees submitted by the Supreme Court shall automatically become the duly 
designated Special and Independent Prosecutor. 
(d) The Special and Independent Prosecutor shall take his oath of office before the 
Chief Justice of the Supreme Court and shall serve for a term of five (5) years. 
SEC. 6. Powers and Duties of die Independent Prosecutor. - (a) The Independent 
Special Prosecutor shall have adequate authority to fully investigate and prosecute the 
subject matter with respect to which he was appointed, and all matters related thereto. Such 
jurisdiction shall also include the authority to investigate and prosecute crimes punishable by 
at least six (6) years imprisonment, irrespective of fines. 
(b) Notwithstanding any other provision of law to the contrary, an Independent 
Special Prosecutor appointed under this Act shall have, with respect to all matters for which 
he was appointed, full power and independent authority to exercise all investigative and 
prosecutorial functions and powers of the Department of Justice and the Office of the 
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Ombudsman. Such investigative and prosecutorial functions and powers shall include the 
following: 
(1) 
conduct fact-finding and investigations; 
(2) 
issue subpoenas to compel the attendance of witnesses, parties, documents 
and other evidences deemed pertinent to the case; 
participate in court proceedings and engage in any litigation, including 
civil and criminal matters, that such Special and Independent Prosecutor 
considers necessary; 
appeal any decision of a court in any case or proceeding in which such 
Special and Independent Prosecutor participates in an official capacity; 
review all evidence available from any source; 
determine whether to contest the assertion of any testimonial privilege; 
receive appropriate national security clearances and, if necessary, contest 
in court any claim of privilege or attempt to withhold evidence on grounds 
of national security; and 
initiate and conduct prosecutions in any court of competent jurisdiction, 
including the framing and signing indictments, filing the appropriate 
information, and handling all aspects of any case, in the name of the 
People of the Philippines; Provided, however, that the Special and 
Independent Prosecutor shall have no authority to plea bargain and grant 
immunity in favor of any of the parties involved in the case to which he is 
appointed; and, 
Exercising such other powers which are inherent to the foregoing duties 
and powers to enable it to accomplish its mandate as provided in this Act. 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
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(c) The Special and Independent Prosecutor shall have the authority to promulgate 
its own rules to govern its internal administration, hire such number of officials and 
personnel as it may deem necessary and appropriate, and incur such expenses that are needed 
for its effective and efficient operations. 
(d) He shall conduct any investigation and prosecution in a prompt, responsible, 
and cost-effective manner. 
(e) An independent prosecutor appointed under this chapter shall receive the same 
compensation and emoluments as that being received by the Special Prosecutor of the 
Ombudsman. 
SEC. 7. Special Privileges of the Special and Indepndent Prosecutor. - Once the 
Special and Independent Prosecutor has assumed office, it shall have the following special 
privileges in relation to the exercise of its mandate, powers and duties: 
(a) 
No temporary restraining order or any preliminary injunctions shall be issued 
by any court, except the Supreme Court, against the Special and Independent Prosecutor. 
(b) The Office of the Special and Independent Prosecutor shall enjoy fiscal 
independence and autonomy. 
(c) The Special and Independent Prosecutor shall be immune from suit for the 
duration of his term and for a period two (2) years after he has relinquished such post. Any 
suit filed thereafter against the Special and Independent Prosecutor for acts done in his 
official capacity as such shall be defended at the expense of the funds allocated for the Office 
of the Special and Independent Prosecutor. 
(d) Any court before which the Special and Independent Prosecutor files case in 
pursuant to its mandate in this act shall not refuse a request of the Special and Independent 
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Prosecutor to have speedy and/or continuous trials. 
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(e) In the event that the Special and Independent Prosecutor obtains such 
evidefice in the course of its investigations that will constitute basis for the filing of an 
impeachment case against any impeachable official, he shall immediately cause the filing of 
the same before the House of Representatives of the Congress of the Philippines. 
SEC. 8. Suspension of Other Investigations and Proceedings- Whenever a matter is 
in the prosecutorial jurisdiction of the Special and Independent Prosecutor, the Department 
of Justice and/or the Ombudsman shall suspend all their investigations and proceedings, 
pending or otherwise, regarding such matter. 
SEC. 9. Removal of the Specid and Independent Prosecutor - An independent 
prosecutor appointed under this Act may be removed from office only for good cause, 
physical or mental disability or any other condition that substantially impairs the 
performance of such Special and Independent Prosecutor’s duties, which cause and causes 
shall be determined by a joint resolution of Congress. 
SEC. 10. Vacancy - If a vacancy in office arises by reason of the resignation, death, 
or removal of the Special and Independent Prosecutor, the Congress shall appoint, through a 
joint resolution, an independent prosecutor from the list of remaining names nominated by 
the Supreme Court, to complete the work of the Special and Independent Prosecutor whose 
resignation, death, or removal caused the vacancy; Provided, that if Congress does not act, on 
the resolution of the Supreme Court within a period of fifteen (15) days from receipt of such, 
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regardless of whether or not Congress is in session, the first name on the list of nominees 
submitted by the Supreme Court shall automatically become the duly designated Special and 
Independent Prosecutor; Provided further, that the Special and Independent Prosecutor 
appointed under the circumstances provided for in this section shall automatically serve for a 
term of five (5) years. 
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SEC. 11. Standads of Conduct AppIicabIe to Independent Prosecutor and Persons 
Serving in the Office of an Independent Prosecutor - (a) The Special and Independent 
Prosecutor and the other officials serving therein shall be subject to the following standards 
of conduct: 
(1) During the period in which the Special and Independent Prosecutor is serving under 
this Act, any law firm or corporation, wherein the Special and Independent Prosecutor 
and/or any of the other officials in this Act were previously affiliated with, may not 
represent in any capacity any person involved in any investigation or prosecution under this 
Act. 
(2) The Special and Independent Prosecutor and any official serving therein shall not be 
allowed to represent any person, in any matter and capacity, if such person was the subject 
or involved in an investigation or prosecution under this Act, for a period of not more than 
five (5) years following the termination of its functions as such under this Act. 
SEC. 12. Required Repom.- (a) The Special and Independent Prosecutor shall file 
with the Congress of the Philippines and with the Supreme Court a report of its performance 
and operations every six (6) months of its five (5) year term of office. 
(b) Upon termination of the Special and Independent Prosecutor’s office, he or she 
shall file a final report with the Congress of the Philippines and with the Supreme Court, a 
summary of hisher accomplishments and recommendations on how public trust and 
accountability will be strengthened. 
(c) The final report stated in subsection (b) hereof shall be published in the Official 
Gazette or at least two (2) newspaper of general circulation. 
SEC. 13. Appropliaarions- The Office of the Special and Independent Prosecutor shall 
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be entitled to a budget of not less than One Billion Pesos (P1,000,000,000.00) annually and 
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this shall be automatically released by the Department of Budget and Management within a 
period of twenty (20) days from assumption of office and every year thereafcer. 
SEC. 14. Penalty Clauses. - Any person who violates the provisions of this Act shall 
be liable for a penalty of imprisonment for a period not less than twelve (12) years and a fine 
of ranging from Five Hundred Thousand Pesos (P500,000.00) up to Two Million Pesos 
(P2,000,000.00); Provided that, in case the Secretary of the Department of Budget and 
Management fails to comply with Section 13 of this Act, hdshe shall automatically be 
removed from office in addition to being subject to the penalties prescribed herein. 
SEC. 15. Repealing Clause. - All existing laws, decrees, executive orders, rules and 
regulations, or parts thereof which are inconsistent with or contrary to the provisions of this 
Act are hereby repealed or modified accordingly. 
SEC. 16. Separability CIame. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions thereof which are not affected, shall 
continue to remain in full force and effect. 
SEC. 17. Effectiw’ty. - This Act shall take effect immediately following completion of 
its publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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