REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 8032

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

‘The Office of the Ombudsman, as stated by the Constitution has the power, among others, to
investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or
inefficient. As protectors of the people, they are tasked to promote integrity and accountability in
the government.

Republic Act No. 6770 or “The Ombudsman Act of 1989” further empowered the Office of the
Ombudsman to fulfil their mandate as protectors of the people by providing functional and
structural organization to the office. However, the powers provided in RA 6770 are not enough
for the Ombudsman to proactively address administrative grievances of the general public, and
promote higher standards of integrity and efficiency in the government service.

The ombudsman must constantly develop its capacity to perform effectively and efficiently in
order to strengthen and ensure good governance and eventually promote development. Hence,
this measure seeks broaden and enhance the investigative and prosecutorial powers of the
Ombudsman by allowing them to the following: employ wiretapping in especially notable cases;
the power to issue subpoena and subpoena duces tecum to compel the attendance of any witness
or the production of evidence; the authority to inquire into bank and non-bank accounts, records
and transactions; and the power to punish for contempt.

Likewise, this measure seeks to provide legal protection and immunity from suits for acts done in
line with their duties. It is hoped that thru these additional provisions, the Office of the
Ombudsman will be more equipped in effectively fulfilling their mandates as protectors of the
people.

In view of the foregoing, early passage of this bill is earnestly requested.

Representative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

8032
House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE OFFICE OF THE
OMBUDSMAN BY AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO.
6770, OTHERWISE KNOWN AS “THE OMBUDSMAN ACT OF 1989,” AND
PROVIDING FUNDS THEREFOR

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

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assembled:

SECTION 1. Section 15 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 15. Powers, Functions and Duties. — The Office of the Ombudsman

shall have the following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person,
any act or omission of any public officer or employee, office or
agency, when such act or omission appears to be illegal, unjust,
improper or inefficient; [It has primary jurisdiction over cases
cognizable by the Sandiganbayan and, in the exercise of this primary
jurisdiction, it may take over, at any stage, from any investigatory
agency of Government, the investigation of such cases;]

(2) EMPLOY WIRETAPPING AS AN_ INVESTIGATIVE
‘TECHNIQUE WHEN THE CIRCUMSTANCES OF A CASE SO
WARRANT AFTER AN APPLICATION FOR AND GRANT OF
A JUDICIAL AUTHORITY.

(3) EXERCISE EXCLUSIVE JURISDICTION OVER CASES
COGNIZABLE BY THE SANDIGANBAYAN AND, PURSUANT
TO SUCH EXCLUSIVE JURISDCITION, TAKE OVER, AT
ANY STAGE, FROM ANY INVESTIGATORY AGENCY OF
GOVERNMENT, THE INVESTIGATION OF SUCH CASES, IF,
IN ITS DETERMINATION, PUBLIC INTEREST WILL BE
SERVED THEREBY;

(2)] @)xxx

{G)] ©) Direct the [officer] concemed HEAD OF AGENCY OR

OFFICIAL to take appropriate action against a public officer or employee


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at fault or who neglects to perform an act or discharge a duty required by
law, and [recommend], FOR SUCH PURPOSE, ORDER SAID HEAD
OF AGENCY OR OFFICIAL TO IMPLEMENT AN ORDER FOR
{his} THE SAID PUBLIC OFFICER OR EMPLOYEE’S removal,
suspension, demotion, fine, censure, or prosecution fand ensure
compliance therewith; or enforce] IN LINE WITH its disciplinary
authority as provided in Section 21 of this Act: Provided, That the refusal
by any officer without just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine, censure, or prosecute an
officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground for disciplinary action
against said officer;

[AI O@xxx

IGM xxx

{| (8) Publicize matters covered by its investigation of the matters
mentioned in paragraphs (1), (2), [(3) and] (4), (5), (6) and (7) hereof,
when circumstances so warrant and with due prudence: Provided, That the
Ombudsman under its rules and regulations may determine what cases
may not be made public: Provided, further, That any publicity issued by
the Ombudsman shall be balanced, fair and true;

[()] @) Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the Government, and make recommendations for
their elimination and the observance of high standards of ethics and
efficiency;

[(8)] (10) Administer oaths, issue subpoena and subpoena duces tecum {,]
TO COMPEL AND SECURE THE COMPULSORY ATTENDANCE
OF ANY WITNESS OR THE PRODUCTION OF EVIDENCE
WHEREVER THE SAME MAY BE FOUND, and take testimony AT
ANY STAGE OF [in] any investigation or inquiry, PROVIDED, THAT
IN THE COURSE OF SUCH INVESTIGATION OR INQUIRY,
‘THE OMBUDSMAN SHALL HAVE [including] the power to examine
and access to bank AND NON-BANK accounts, records AND
TRANSACTIONS, SUCH AS DEPOSITS, TRUSTS,
INVESTMENTS, EVEN PRIOR TO THE FILING OF A CASE
BEFORE A COURT OF COMPETENT JURISDICTION,
NOTWITHSTANDING THE PROVISIONS OF REPUBLIC ACT
NO. 1405, AS AMENDED; REPUBLIC ACT NO. 6426, AS


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AMENDED; REPUBLIC ACT NO. 8791 AND REPUBLIC ACT NO.
9160 AS AMENDED, AND OTHER LAWS;

(11) ENTER, VISIT, INSPECT, OR IF CIRCUMSTANCES
REQUIRE, BREAK INTO, ANY GOVERNMENT OFFICE OR
ANY PUBLIC PREMISES, STRUCTURE OR ESTABLISHMENT,
IN THE LAWFUL COURSE OF AN ONGOING CRIMINAL OR
ADMINISTRATIVE INVESTIGATION, AND SEIZE ANY OBJECT
OR ARTICLE FOUND THEREIN WHICH MAY BE USED IN THE
SAID INVESTIGATION, OR DIRECT ANY PUBLIC OFFICER TO
DELIVER SUCH OBJECT OR ARTICLE, PURSUANT TO SUCH
RULES AND REGULATIONS THAT THE OMBUDMSN MUST
PROMULGATE TO GOVERN THE EXERCISE OF THE
FOREGOING POWER;

{(9)] (12) Punish for contempt in accordance with [the Rules of Court]
ITS OWN RULES and {under the same procedure] with the [same]
penalties provided {therein} UNDER SECTION 36 OF THIS ACT.
[(10)} (13) xxx

[(1D] (14) Investigate and initiate the proper action for the recovery of ill-
gotten and/ or unexplained wealth amassed after February 25, 1986 and
the prosecution of the parties involved therein. IN THE FILING AND
PROSECUTION OF SUCH ACTIONS, THE REPUBLIC OF THE
PHILIPPINES SHALL BE EXEMPT FROM THE FILING OF ANY
BOND OR THE PAYMENT OF ANY FEES AND CHARGES.
PROPERTIES LIQUIDATED OR SOLD BY THE GOVERNMENT,
AND THOSE RECOVERED, FORFEITED, SURRENDERED AND
TRANSFERRED TO THE GOVERNMENT, SHALL BE EXEMPT
FROM THE PAYMENT OF ANY NATIONAL OR LOCAL
TAXES.”

SEC. 2. Insert new paragraphs (15), (16) and (17) to Section 15 of RA No. 6770 to read
as follows:

(15) REPRESENT ITSELF, THE REPUBLIC OF THE
PHILIPPINES, OR THE PEOPLE OF THE PHILIPPINES IN ANY
JUDICIAL, ADMINISTRATIVE, CIVIL OR OFFICIAL PROCEEDING
INVOLVING CASES WITHIN ITS JURISDICTION BEFORE ANY
COURT, TRIBUNAL, AGENCY, OR OFFICE WITHOUT NEED OF
PRIOR CLEARANCE, AUTHORITY OR DEPUTATION FROM ANY


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OTHER OFFICE OR AGENCY, INCLUDING THE OFFICE OF THE
SOLICITOR GENERAL;

(16) DEPUTIZE PRIVATE LAWYERS TO ACT AS
INVESTIGATORS OR PROSECUTORS TO ACT UNDER THE DIRECT
CONTROL AND SUPERVISION OF THE OMBUDSMAN IN CASES
BEING HANDLED BY THE OFFICE, WHEN SPECIAL AND
MERITORIOUS CIRCUMSTANCES SO WARRANT, SUBJECT TO
SUCH RULES AND REGULATIONS, INCLUDING PROVISIONS FOR
REASONABLE COMPENSATION AND REIMBURSEMENT FOR
REASONABLE EXPENSES, AS THE OMBUDSMAN WILL
PROMULGATE; AND

(17) CREATE AND ADMINISTER ITS OWN WITNESS
PROTECTION AND WHISTLEBLOWING PROGRAMS AND, FOR
SUCH PURPOSES, MAINTAIN ITS OWN INTELLIGENCE
ENFORCEMENT OR PROTECTIVE SERVICES UNIT FOR THE
PROTECTION OF ITS WITNESSES AND WHISTLEBLOWERS.

The Ombudsman shall give priority to complaints filed against high
ranking government officials and/ or those occupying supervisory positions,
complaints involving grave offenses as well as complaints involving large sums
of money and/ or properties.

EC. 3. Section 17 of R.A. No. 6770 is hereby amended to read as follows:
“Sec. 17. Immunities. — x x x

Under such terms and conditions as it may determine, {taking into account
the pertinent provisions of the Rules of Court] the Ombudsman may grant
immunity from criminal prosecution to any person whose testimony or whose
possession and production of documents or other evidence may be necessary to
determine the truth in any hearing, inquiry or proceeding being conducted by the
Ombudsman or under its authority, in the performance or in the furtherance of its
constitutional functions and statutory objectives. The immunity granted under this
and the immediately preceding paragraph shall not exempt the witness from
criminal prosecution for perjury or false testimony nor shall he be exempt from
demotion or removal from office.

SEC. 4. Section 25 of R.A. No. 6770 is hereby amended to read as follows:


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“SEC. 25. Penalties —

(1) In administrative proceedings under [Presidential Decree No. 807]
EXECUTIVE ORDER NO. 292, THE OFFENSES DEFINED AND THE
PENALTIES [and rules} provided therein shall be applied.

(2) In other administrative proceedings, the penalty ranging from
suspension without pay for one (1) year to dismissal with forfeiture of benefits or
a fine ranging from Five Thousand Pesos (P5,000.00) to twice the amount
malversed, illegally taken or lost, or both at the discretion of the Ombudsman,
taking into consideration circumstances that mitigate or aggravate the liability of
the officer or employee found guilty of the complaint or charges.

THESE PENALTIES MAY BE IMPLEMENTED DURING
ELECTION PERIOD, AMENDING FOR THIS PURPOSE SECTION
261(X) OF BATAS PAMBANSA BLG. 881, OR THE OMNIBUS
ELECTION CODE.”

SEC. 5. Section 27 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 27. Effectivity and Finality of Decisions. ~ (1) All provisionary
orders of the Office of the Ombudsman are immediately effective and executor.

A motion for reconsideration of any order, directive or decision of the
Office of the Ombudsman must be filed within five (5) days after receipt of
written notice and shall be entertained only on any of the following grounds:

() Xxx

(2) Errors of law or irregularities have been committed prejudicial to
the interest of the movant. [The motion for reconsideration shall be resolved
within three (3) days from filing: Provided, That] ONLY one motion for
reconsideration shall be entertained.

Findings of fact by the Office of the Ombudsman when supported by
substantial evidence are conclusive. Any order, directive or decision imposing the
penalty of public censure or reprimand, suspension of not more than one (1)
MONTH AND FINE OF NOT MORE THAN ONE (1) MONTH’S SALARY
shall be final and unappealable.

In all administrative disciplinary cases, orders, directives, or decisions of
the Office of the Ombudsman may be appealed to the COURT OF APPEALS
ON A VERIFIED PETITION FOR REVIEW UNDER RULE 43 OF THE


1 RULES OF COURT. AN APPEAL SHALL NOT STOP THE DECISION
2 FROM BEING EXECUTORY
3 ‘The above rules may be amended or modified by the Office of the
4 Ombudsman as the interest of justice may require.”
5
6 SEC. 6. Insert a new Section 31-A to R.A. No. 670 to read as follows:
7 SEC. 31-A. IMMUNITY FROM SUIT OF OMBUDSMAN
8 INVESTIGATORS AND PROSECUTORS. — OMBUDSMAN
9 INVESTIGATORS AND PROSECUTORS, INCLUDING THOSE
10 DEPUTIZED BY THE OMBUDSMAN PURSUANT TO SECTION 31
cr HEREOF, SHALL BE IMMUNE FROM CRIMINAL, ADMINISTRATIVE
2 OR CIVIL SUITS ARISING FROM THEIR MANDATE AND THE
2B REGULAR EXERCISE OF THEIR OFFICIAL FUNCTIONS.
4
15 SEC. 7. Section 32, paragraph (3) of R.A. No. 6770 is hereby amended to read as
16 follows:
v7 “SEC. 32. Rights and Duties of Witness. —
18 XXXX
19 (3) If'a refuses to respond to the Ombudsman’s or his Deputy’s subpoena,
20 or refuses to be examined, or engages in obstructive conduct, the Ombudsman or
2 his Deputy shall issue an order directing the person to appear before him to show
2 cause why he should not be punished for contempt. [The contempt proceedings
23 shall be conducted pursuant to the provisions of the Rules of Court.J”
24
25 SEC. 8. Section 36 of R.A. No. 6770 is hereby amended to read as follows:
26 “SEC. 36. Penalties for Obstruction. — Any person who wilfully obstructs
27 or hinders the proper exercise of the functions of the Office of the Ombudsman,
28 or who wilfully misleads or attempts to mislead the Ombudsman, his Deputies,
29 and the Special Prosecutor in replying to their inquiries shall be punished by a
30 fine of not exceeding Five thousand pesos (P5,000.00)..
31
32 ANY PERSON GUILTY OF MISBEHAVIOR IN THE PRESENCE
33 OF OR SO NEAR AND OFFICER OF THE OFFICE OF THE
34 OMBUDSMAN AS TO OBSTRUCT OR INTERRUPT THE
35 PROCEEDINGS BEFORE THE SAME, INCLUDING DISRESPECT
36 TOWARD THE HEARING OFFICER, OFFENSIVE PERSONALITIES

37 TOWARD OTHERS, OR REFUSAL TO BE SWORN OR TO ANSWER AS


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A WITNESS, OR TO SUBSCRIBE AN AFFIDAVIT OR DEPOSITION
WHEN LAWFULLY REQUIRED TO DO SO, MAY BE SUMMARILY
ADJUDGED IN CONTEMPT BY SUCH HEARING OFFICER, SUBJECT
TO THE APPROVAL OF THE OMBUDSMAN, AND PUNISHED BY A
FINE NOT EXCEEDING FIVE THOUSAND PESOS (P5,000.00) OR
IMPRISONMENT NOT EXCEEDING TEN (10) DAYS WITHOUT
PREJUDICE TO THE FILING OF A CRIMINAL CASE UNDER
PRESIDENTIAL DECREE NO. 1829.

ANY IMPROPER CONDUCT TENDING, DIRECTLY OR
INDIRECTLY, TO IMPEDE, OBSTRUCT, OR DEGRADE THE
ADMINISTRATION OF JUSTICE, OR ANY INVESTIGATION BEING
CONDUCTED BY THE OFFICE OF THE OMBUDSMAN SHALL
CONSTITUTE AS INDIRECT CONTEMPT, AND SHALL, AFTER
NOTICE AND HEARING, BE PUNISHED WITH THE SAME
PENALTIES AS 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 OR DEPUTIZE
ANY LAW ENFORCEMENT OFFICER TO ASSIST IN THE
EXECUTION OF ANY ORDER ISSUED FOR SAID PURPOSE.”

SEC. 9. Insert a new Section 36-A to R.A. No. 6770 to read as follows:

SEC. 36-A. ILLEGAL DISCLOSURE OF INFORMATION. — 1T
SHALL BE UNLAWFUL FOR ANY PERSON WHO RECEIVES A
SUBPOENA, OTHER ORDERS, OR REQUESTS FOR INFORMATION
FROM THE OFFICE OF THE OMBUDSMAN PURSUANT TO THE
EXERCISE OF THE LATTER’S POWERS UNDER SECTION 15
HEREOF TO DISCLOSE TO ANY PERSON ANY INFORMATION
CONCERNING SAID ORDERS OR REQUESTS, AND THE
PROCEEDINGS RELATING THERETO. ANY VIOLATION OF THIS
SECTION WILL SUBJECT THE OFFENDER TO IMPRISONMENT
RANGING FROM SIX (6) MONTHS AND ONE (1) DAY TO THREE (3)
YEARS, AND A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS
(P50,000.00) BUT NOT MORE THAN FIVE HUNDRED TOUSAND
PESOS (P500,000.00).


SEC. 10. Rules and Regulations. — The Ombudsman shall issue, within ninety (90) days
after the approval of this Act, the necessary rules and regulations relating to the administrative
aspects of the provisions of this Act.

SEC. 11. Separability Clause. — If, for any reason, any section or provision of this Act is
declared invalid or unconstitutional, the remaining part or provisions not otherwise affected shall

remain in force.

SEC. 12. Repelaing Clause. — Any law, decree, ordinance, administrative circulars not
consistent with any provision of this Act is hereby amended, repealed or modified accordingly.

SEC. 13. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,