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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

1845

HOUSE BILL NO.

Introduced by Hon. Frederick F. Abueg

EXPLANATORY NOTE

The proposed 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, inter alia, Justices of the Supreme Court. It, in effect, extends
to the Chairman/Commissioners of the three (3) independent Constitutional
Commissions (Commission on Audit, Commission on Elections and Civil Service
Commissions) and the Ombudsman the same benefits enjoyed by the Supreme Court
Justices, as far as applicable, under the said RA 9227.

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. The herein proposed bill is, thus, 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 administration of fiscal controls of the government (COA) — and,
hence, are designed as specialized agencies of government.

These 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 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.

The within proposed legislation 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.

In view of the foregoing, the approval of this bill is earnestly recommended.

a

FREDERICK F. ABPEG
Representative, 2'\ District Of Palawan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 1845

Introduced by Hon. Frederick F. Abueg

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

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

1 Section 1. Declaration of Policy. — It is hereby declared the policy of

2 the State to adopt measures calculated to guarantee and safeguard the
3 independence of the Commission on Audit, the Commission on Elections, and
4 the Civil Service Commission, and the Ombudsman as well as flesh out and
5 lend more meaning, significance and substance to the fiscal autonomy enjoyed
6 by these constitutional bodies as mandated by the 1987 Constitution, and to
7 ensure an efficient and effective discharge of their powers, functions and
8 responsibilities in their respective areas of concern as specialized agencies of
9 the government.

Bl


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Sec. 2. Special Allowances as Additional Compensation. — Any
provision of law to the contrary notwithstanding, the Chairmen/Commissioners
of the Commission on Audit, the Commission on Elections, and 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 their basic monthly-salary as
specified for their respective salary grades under 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 Section 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 Commission 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

(4)


shall be charged to and taken out of the current appropriations and/or available
saving/s therein.

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

Sec. 4, Inclusion 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.

See. 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


See. 7, Separability Clause. — If any provision of this Act is declared
invalid or unconstitutional, the provisions thereof not affected by such
declaration shall continue to be in full force and effect.

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

Approved,

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