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

Sixteenth Congress
Regular Session

F

HOUSE BILL NO. 2910

Tniroduced by Hon. Frederick F. Abueg

EXPLANATORY NOTE

‘The within 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, infer 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, 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 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 hereof, prompt approval of the within proposed bill is respectfully

urged,

ERICK ‘Ff, ABUEG
Representdtive, 2” District of Palawan


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

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 2910

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 the State
2 to adopt measures calculated to guarantee and safeguard the independence of the
3 Commission on Audit, the Commission on Elections, and the Civil Service
4 Commission, and the Ombudsman as well as flesh out and lend more meaning,
5 significance and substance to the fiscal autonomy enjoyed by these constitutional

6 bodies as mandated by the 1987 Constitution, and to ensure an efficient and effective

7 discharge of their powers, functions and responsibilities in their respective areas of

8 concer as specialized agencies of the government.
9 See. 2. Special Allowances as Additional Compensation. ~ Any provision of
10 law to the contrary notwithstanding, the Chairmen/Commissioners of the Commission
11 on Audit, the Commission on Elections, and the Civil Service Commission, and the

12 Ombudsman are hereby authorized to receive additional compensation in the form of


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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.

See, 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 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.

See. 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,