FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
OCT 11 n :16 
SEN..c\IE 
S. No. 
~~91 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Article XI, Sections I and 12 of the Constitution provides: 
SEC. 1. Public office is a public trust. Public officers and employees must 
at all times be accountable to the people, serve them with utmost 
responsibility, integrity, loyalty, and efficiency, act with patriotism and 
justice and lead modest lives. 
SEC. 12. The Ombudsman and his Deputies, as protectors of the people, 
shall act promptly on the complaints filed in any form or manner against 
public officials or employees of the Government, or any subdivision, 
agency or instrumentality thereof, including government-owned or 
controlled corporations, and shall, in appropriate cases, notify the 
complainants of the action taken and the result thereof. 
The failure of the Ombudsman to promptly act upon the complaints has been well 
documented during the term of former Ombudsman Metceditas Gutierrez. Such neglect has been 
highlighted by the glaring inaction on cases imbued with public interests such as the cases of 
PNP Euro-Generals, the fertilizer scam, misuse of the Road Users Tax and the NBN-ZTE 
scandal. In all these cases, various committees in the Senate have recommended the prosecution 
of the public officials involved. 
Such inaction of the Office ofthe Ombudsman, whose office is constitutionally mandated 
to fight corrnption, weakens our government's anti-corruption program as a whole. It is therefore 
imperative for Congress to legislate laws that will strengthen the Office of the Ombudsman and 
speed up the process by which corrupt public officials are brought to justice. 


It is important to underscore the fact that the power of the Office of the Ombudsman to 
prosecute does not directly originate from the Constitution. It is found in RA 6770, 01' the 
Ombudsman Law. This means that the while the Office of the Ombudsman has constitutional 
basis, the Ombudsman's power to prosecute is a creation of the legislature and not of the 
Constitution. 
The records of the Constitutional Commission establishes the following points: (1) since 
the power of the Ombudsman to prosecute is a creation of the legislature, that power is subject to 
revision by Congress; and (2) since the power to conduct preliminary investigations is an 
incident to the Ombudsman's power to prosecute, it follows that such procedural power is also 
subject to the revisory powers of Congress. l 
Given the inquisitorial nature of the congressional hearings, it is possible that in the 
course of the investigations, a prima facie case against any person involved, in the matter 
investigated upon, may be established. In such instances part of the resolution of the case would 
be to recommend the prosecution of persons against whom a prima facie case has been 
established. 
Such arrangement would not only speed up the prosecution process of the Office of the 
Ombudsman but also make the congressional hearings more meaningful as the persons involved 
would have to treat such hearings more seriously since the findings of the Congress can be 
adopted in toto by the Office of the Ombudsman and cause the filing of information against 
them. 
This power would be tempered by a proviso which allows the Office of the Ombudsman 
to conduct a preliminary investigation on cases with as yet insufficient evidence. 
This bill aims to expedite the prosecution of cases recommended by Congress and hasten 
the delivery of justice on matters of national concern. 
JiMitM~stR~ 
1 See II Records of the Constitutional Commission 265-271 (1986). 
1 


ill'>t 
, 
;;;Y f'&1I11 (. 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
i:)HI1'r \Jf ttP~ ~~ ·\-:rt:lr~ 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
OCT 11 
r'3 :16 
SENAW 
S. No. i!tt91 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 6770, OTHERWISE KNOWN AS THE OMBUDSMAN 
3 
ACT, EXPEDITING THE PROSECUTION OF CASES RECOMMENDED BY CONGRESS 
4 
AND FOR OTHER PURPOSES 
5 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
6 
assembled: 
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SECTION 1. A new Section 21 shall be inserted after Section 20 of Republic Act. 6770, 
8 
otherwise known as the Ombudsman Act, which shall read as follows: 
9 
SEC. 21. Recommendations by Congress -
The Office of the 
10 
Ombudsman shall have the power to cause the filing of an information 
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against and prosecute the officials over which it has disciplinary 
12 
authority, as provided in this Act, without preliminary investigation, upon 
13 
recommendation by either the Senate or the House of Representatives; 
14 
provided that the Office of the Ombudsman has made a determination 
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that the said recommendation is supported by evidence sufficient to 
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prosecute the case as provided in its rules. The Office of the Ombudsman 
17 
shall make such determination within 30 days from receipt of the 
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congressional recommendation. 
19 
The 
chamber 
of 
Congress, 
from 
which 
the 
congressional 
20 
recommendation originated, shall transmit all evidence gathered during 
21 
their inquiry along with their recommendation. The Office of the 
22 
Ombudsman may then adopt the results of the congressional inquiry in 
23 
place of a preliminary investigation. 
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If the Office of the Ombudsman determines that the evidence provided is 
insufficient, it shall conduct a separate preliminary investigation and shall 
communicate the result of such investigation to the chamber of Congress 
from which the said recommendation originated. 
In all such cases, the Office of the Ombudsman shall ensure that the cases 
covered by congressional recommendations are given priority. 
8 
SECTION 2. The succeeding sections shall be renumbered accordingly 
9 
SECTION 3. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts 
10 
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
11 
accordingly. 
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SECTION 4. Separability Clause. - If, for any reason, any provision of this Act is 
13 
declared to be unconstitutional or invalid, the other sections or provisions hereof which are not 
14 
affected thereby shall continue to be in full force and effect. 
15 
SECTION 5. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
16 
following its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
2