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SIXTEENTH CONGRESS ane OF NOY 2013

First Regular Session

HOUSE BILLNO. 8332

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Introduced by

Hon. FERDINAND MARTIN G. ROMUALDEZ,

AN ACT
GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL
ALLOWANCES FOR MEMBERS OF THE CONSTITUTIONAL COMMISSIONS
AND THE OMBUDSMAN, AND FOR OTHER PURPOSES

This bill is inspired by the same motivation that animated the enactment of
Republic Act 9227 which granted additional compensation in the form of special
allowances to alll justices and judges in the judiciary. It, in effect, extends to the
Chairmen and Commissioners of the three (3) independent Constitutional
Commissions and the Ombudsman the same benefits enjoyed by the judiciary

Enactment of this bill would be in consonance with the fiscal autonomy and
independence attribute enjoyed by the three (3) constitutional commissions and the
Ombudsman under the 1987 Constitution which thereby fleshed out more
meaningfully and lent more significance.

In regard to RA 9227, it will be recalled that before its enactment, the salary
levels and retirement benefits of the Members of the Constitutional commissions
and the Ombudsman were at par with and in the same category as that of the
justices of the Supreme Court. This bill is thus a recognition of its necessity and
aims to standardize the compensation structure and retirement benefits amongst
Supreme Court Justices, members of the Constitutional Commissions and the
Ombudsman.

The three (3) independent constitutional commissions as fixtures in the 1987
Constitution are concerned with specialized areas of governance — administration of
the electoral process (COMELEC), administration of the civil service (Civil Service
Commission), and the administration of fiscal controls of the government (COA) -
and, hence, are designed as specialized agencies of government

The three (3) commissions play the role of countervailing institutions by
providing an independent check to the three (3) branches of government
(Legislative, Executive, and Judiciary) in respect to their respective areas of
concern and competence. In a real sense, given the nature of their responsibilities
as well as the unique role that they play in the scheme of things, they virtually
constitute the fourth (4) branch of government that is perceived as co-equal and

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co-important with the other branches, including the Judiciary, particularly the
Supreme Court

The Ombudsman, likewise an independent constitutional body, enjoys the
same rank and salary as that of the Chairmen of the Constitutional Commissions
and plays a vital role as the constitutional mechanism for enforcement of
accountability of all public officers.

This bill is designed to provide an additional financial incentive by which to
entice and attract capable men and women of proven probity and independence to
serve in such highly sensitive offices as the Constitutional Commissions and the
‘Ombudsman with utmost responsibility, integrity, loyalty and efficiency.

Hence, the approval of this bill is earnestysought.

1G. ROMMALDEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 3332

Introduced by
Hon. FERDINAND MARTIN G. ROMUALDEZ

AN ACT
GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL
ALLOWANCES FOR MEMBERS OF THE CONSTITUTIONAL COMMISSIONS
AND THE OMBUDSMAN, AND FOR OTHER PURPOSES

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

Section 1. Declaration of Policy. It is hereby declared a policy of the State of
adopt measures calculated to ensure and safeguard the independence of the
Commission on Audit, the Commission on Elections, the Civil Service Commission,
and the Ombudsman as well as flesh out and lend more meaning, significance and
substance to the fiscal autonomy enjoyed by these constitutional bodies as
mandated by the 1987 Constitution, and to ensure an efficient and effective
discharge of their powers, functions and responsibilities in their respective areas of
concern as specialized agencies of the government

Sec. 2. Special Allowances as Additional Compensation. Any provision of law
to the contrary notwithstanding, the Chairmen and Commissioners of the
Commission on Audit, the Commission on Elections, the Civil Service Commission,
and the Ombudsman are hereby authorized to receive additional compensation in
the form of special allowances in an amount equivalent to one hundred percent
(100%) of the basic monthly salary as specified for their respective salary grades
under Republic Act No. 6758, as amended, otherwise known as the Salary
Standardization Law

The entitlement to the special allowances as herein authorized shall be
implemented uniformly for a period of four (4) years commencing the current
calendar year in such sums or amounts equivalent to twenty five percent (25%) of
the basic salaries of the positions covered by this Act. Subsequent implementation
shall be to the extent only of such sums and amounts as can be supported by the
funding source specified in Sec. 3 hereof.


The amounts corresponding to the special allowances herein authorized shall
henceforth be incorporated in and form an integral part of the basic salaries of the
Members of the Constitutional Commissions and the Ombudsman.

Sec. 3. Funding Source. Funds for the initial implementation of this Act to be
set aside and allocated as “Special Allowances” in the books of account of the
Constitutional Commissions and the Office of the Ombudsman shall be charged to
and taken out of the current appropriations and/or available savings therein

The Department of Budget and Management shall invariably include in the
annual General Appropriations Act for the subsequent calendar year the necessary
outlay for the said Special Allowances as the funding source for the continued
implementation of this Act

Sec. 4.Jnclusion in the Computation of Retirement Benefits. In order to
upgrade the retirement benefits presently enjoyed by retired Members of the
Constitutional Commissions and the Ombudsman pursuant to applicable retirement
laws, the life pension that they are receiving monthly from the government shall be
adjusted automatically forthwith so as to include in the computation thereof the
amount equivalent to the special allowances herein authorized

Sec. 5. Issuance of Implementing Guidelines. The Chairmen of the
Constitutional Commissions and the Ombudsman shall jointly issue the necessary
guidelines for the proper implementation of this Act within ninety (90) days from the
approval hereof

Sec. 6. Repealing Clause. All laws, decrees, orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Sec. 7. Separability Clause. If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full and
effect.

Sec. 8. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved.