Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSEBILLNO. 3739 *

Introduced by REP. EVELINA G, ESCUDERO

ag NOTE

Itis hereby declared a policy of the State for all public officials and employees to be open
and transparent in all of their financial transactions and dealings.

This bill requires all public officials and employees, except those who serve in an
honorary capacity, to submit with the office of the Ombudsman a written permission or waiver in
favor of the Ombudsman to look into all deposits of whatever nature with banks or banking
institutions, both within and outside the Philippines, including investment bonds issued by the
government of the Philippines, its political subdivisions and instrumentalities.

This mechanism will enable the government to audit the finances of the civil servant and
will serve as a deterrent to graft and corruption.

Hence, immediate approval of this bill is earnestly sought.

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Sessi

HOUSE BILL NO. 3739

Introduced by REP. EVELINA G.

AN ACT
REQUIRING PUBLIC OFFICIALS AND EMPLOYEES TO
SUBMIT A WRITTEN PERMISSION OR WAIVER IN FAVOR OF THE
OMBUDSMAN TO LOOK INTO ALL DEPOSITS OF WHATEVER NATURE WITH
BANKS OR BANKING INSTITUTIONS BOTH WITHIN AND OUTSIDE THE
PHILIPPINES INCLUDING INVESTMENT BONDS ISSUED BY THE GOVERNMI
OF THE PHILIPPINES, ITS POLITICAL SUBDIVISIONS AND
INSTRUMENTALITIES AND PROVIDING PENALTIES THEREFOR

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 for all public
officials and employees to be open and transparent in all of their financial transactions and
dealings.

Section 2. Submission of Written Permis r Waiver. All public officials and
employees, except those who serve in an honorary capacity, shall submit with the office of the
Ombudsman a written permission or waiver in favor of the Ombudsman to look into all deposits
of whatever nature with banks or banking institutions, both within and outside the Philippines.
including investment bonds issued by the government of the Philippines, its political
subdivisions and instrumentalities.

The aforestated written permission or waiver shall be submitted within thirty (30) days
from the date of their assumption of office; Provided, however, that public officials and
employees who are already exercising the functions of their respective offices upon the
effectivity of this Act shall submit the same not later than thirty (30) days from the effectivity of
the Rules and Regulations implementing the provisions of this Act.

Section 3. Prohibition in Case of Failure or Refusal to Submit Written Permission or
Waiver. Any public official or employee who fails or refuses to submit such written permission
ot waiver as required by this Act shall not be allowed to enter upon, or continue exercising, the
functions of her office.

Section 4. Limitation on Use. Only the Office of the Ombudsman may obtain or use the
written permission or waiver filed under this Act, or any other information or date obtained as «
result thereof; Provided, however, that the same shall be used exclusively for investigating a duly
signed and verified complaint and/or prosecuting a case before the Sandiganbayan: Provided!
further, that the Office of the Ombudsman or any other agency or instrumentality of the
Government or any person may not use the same for any purpose.



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Section 5. Promulgation of Rules and Regulations, The Office of the Ombudsman shall
have the primary responsibility for the administration of this Act; Provided, however, that it shall
enlist the advice of the Department of Justice and the Banko Sentral ng Pilipinas in drafting the
form of the written permission or waiver as required by the provisions of this Act.

Section 6. Penalties

(a) Any person who violates the provisions of Section 3 hereof shall be punished with a
fine not exceeding the equivalent of one (1) year salary or suspension not exceeding one (1) year.
or removal from office and, upon the discretion of a court of competent jurisdiction,
disqualification to hold public affice.

(b)Any person who violates the provisions of Section 4 hereof shall be punished with
imprisonment of not exceeding six (6) years or a fine not exceeding One Hundred Thousand
Pesos (P 100,000.00) or both.

Section 7. Separability Clause. In the event any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in force and in effect.

Section 8. Repealing Clause. The relevant provisions of Republic Act Nos. 1405, 3019,
6713 as well as all laws, decrees and orders or parts thereof inconsistent herewith are deemed
repealed or modified accordingly.

Section 9. Effectivity. This Act shall take effect 15 days after its complete
publication in at least two (2) newspapers of national circulation.

Approved,