Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. ae

Introduced by CIBAC Party-List Representatives
Eduardo ‘Bro. Eddie’ C. Villanueva and Domingo C. Rivera

AN ACT AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379,
OTHERWISE KNOWN AS “AN ACT DECLARING FORFEITURE IN
FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN

UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR
EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS
THEREFOR” AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The concept of the Ombudsman originated as a revolutionary innovation in
Sweden. It was established as a watchdog that policed the government as a whole
and had the power to decide and pursue the prosecution of civil servants. Given its
success, many countries have adopted the Ombudsman model. It is, in fact, being
credited by some of the most developed countries or autonomous regions in the world
as one of the keys to their political success.

The Philippines, through the framers of the 1987 Constitution, has also
espoused the same model. Yet, while our Constitution recognizes the importance of
the Ombudsman, the upsetting reality is that this vital institution has long been
underfunded.

To address this problem, this bill seeks to provide additional funding to the
Office of the Ombudsman by giving it a 30% share of all properties forfeited by the
government pursuant to Republic Act No. 1379. As the premier state anti-graft agency
handling more than 10,000 cases a year, itis a must that the Office of the Ombudsman

1


has adequate sources of funding, without relying so much on an already overstretched
national budget.

Forfeited properties (that is, recovered assets not in cash) may be sold in public
auction, with 30% still going to the Office of the Ombudsman and the remaining 70%
to the national treasury.

In the belief that corruption in the government will significantly be reduced when
the appropriate agencies, such as the Office of the Ombudsman, are armed with the
Necessary means to perform their respective mandates, this bill is being proposed.

Thus, the immediate passage of this bill is earnestly sought.

= = Liu,
HON. EDUARDO “BRO. EDDIE” ILLANUE'



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _ 582

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379,
OTHERWISE KNOWN AS “AN ACT DECLARING FORFEITURE IN
FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN

UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR
EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS
THEREFOR” AND FOR OTHER PURPOSES

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

SECTION 1. Section 6 of Republic Act No. 1379 is hereby amended to read as follows:

"Section 6. Judgment. If the respondent is unable to show to the
satisfaction of the court that he has lawfully acquired the property in
question, then the court shall declare such property, forfeited in favor
of the State, and by virtue of such judgment the property aforesaid
shall become property of the State: Provided, That THIRTY PERCENT
(30%) OF THE VALUE OF SUCH PROPERTY FORFEITED IN A
FINAL AND EXECUTORY ORDER OF THE COURT SHALL BE
EARMARKED AS ADDITIONAL FUNDING IN FAVOR OF THE
OFFICE OF THE OMBUDSMAN; PROVIDED, FURTHER, THAT IF
THE PROPERTY IS NOT IN CASH, THE PROPERTY SHALL BE
SOLD AT A PUBLIC AUCTION AND THE PROCEEDS THEREOF,
AFTER DEDUCTING THE THIRTY PERCENT (30%) SHARE OF THE
OFFICE OF THE OMBUDSMAN AS PROVIDED HEREIN, SHALL

1


Seorvonaens

1
12
13
14
15
16
17
18
19
20
21
22
23
24
25

ACCRUE TO THE GENERAL FUND. No judgment shall be rendered
within six months before any general election or within three months
before any special election. The Court may, in addition, refer this case
to the corresponding Executive Department for administrative or
criminal action, or both."

SECTION 2. Implementing Rules and Regulations. — Within sixty (60) days from
the implementation of this Act, the Office of the Ombudsman, in consultation with
relevant stakeholders and other concerned government agencies, shall issue the rules
and regulations for the effective implementation of this Act.

SECTION 3. Separability Clause. — Any portion or provisions of this Act that may be
declared unconstitutional or invalid shall not have the effect of nullifying other portions
and provisions hereof as long as such remaining portions or provisions can still subsist
and be given effect in their entirety.

SECTION 4. Repealing Clause. — All laws, decrees, executive orders, proclamations
and administrative regulations, or any parts thereof inconsistent herewith are hereby
revoked, repealed or modified accordingly.

SECTION 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
Publication in at least two (2) national papers of general circulation.

Approved,