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

416" Congress =<
First Regular Session

House Bill No.4582

Introduced by Honorable Sergio A. F. Apostol

EXPLANATORY NOTE

Section 1 of Article XI of the 1987 Constitution provides that “Public office is a
public trust. Public officer and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives.” Pursuant thereto, the fundamental law of
the land gives the Office of the Ombudsman the calling and badge to protect the people
from the abuse and misuse of government power for personal aggrandizement.
Accordingly, Republic Act No. 6770 otherwise known as the Ombudsman Act of 1989
was enacted,

RA No. 6770 fully recognizes the prosecutory prerogative by empowering the
Ombudsman to grant immunity, subject to “such terms and conditions’ as he may
determine. The only textual limitation imposed by law on this authority is the need to
take “into account the pertinent provisions of the Rules of Court,” —i.e., Section 17, Rule
119 of the Rules of Court. This provision requires that: (a) There is absolute necessity
for the testimony of the accused whose discharge is requested; (b) There is no other
direct evidence available for the proper prosecution of the offense committed, except
the testimony of said accused; (c) The testimony of said accused can be substantially
corroborated in its material points; (d) Said accused does not appear to be the most
guilty; and (e) Said accused has not at any time been convicted of any offense involving
moral turpitude.



The power to grant immunity from prosecution is essentially a judicial
prerogative. The decision to grant immunity from prosecution forms a constituent part of
the prosecution process. It is essentially a tactical decision to forego prosecution of a
person for government to achieve a higher objective. It is a deliberate renunciation of
the right of the State to prosecute all who appear to be guilty of having committed a
crime. Its justification lies in the particular need of the State to obtain the conviction of
the more guilty criminals who, otherwise, will probably elude the long arm of the law.

This bill seeks to repeal Section 17 of RA No. 6770 for the power to grant
immunity lies in the proper Court and cannot be removed.

In view hereof, approval of this bill is earnestly sought.

Representative
Second District, Leyte


Republic of the P!
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
16" Congress
First Regular Session

House Bill No.4582

Introduced by Honorable Sergio A. F. Apostol

AN ACT REPEALING REPUBLIC ACT NO. 6770,
OTHERWISE KNOWN AS “THE OMBUDSMAN ACT OF 1989”

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

SECTION 1, This Act shall be known as “The Ombudsman Act of 1989."

SECTION 2. Section 17 of Republic Act No. 6770 is hereby repealed to read as
follows:

“Section 17. Immunities. - In all hearings, inquiries, and proceedings of the
Ombudsman, including preliminary investigations of offenses, no person subpoenaed to
testify as a witness shall be excused from attending and testifying or from producing
books, papers, correspondence, memoranda and/or other records on the ground that
the testimony or evidence, documentary or otherwise, required of him, may tend to
incriminate him or subject him to prosecution: Provided, That no person shall be
prosecuted criminally for or on account of any matter concerning which he is compelled,
after having claimed the privilege against self-incrimination, to testify and produce
evidence, documentary or otherwise.

[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.

Any refusal to appear or testify pursuant to the foregoing provisions shall be
subject to punishment for contempt and removal of the immunity from criminal
prosecution.

SECTION 3. The Department of Justice shall promulgate the necessary rules
and regulation to implement this Act.

SECTION 4. If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected shall remain valid and
subsisting .

SECTION 5. All laws, executive orders, decrees, rules, regulations, ordinances,
or parts thereof which are inconsistent with the provision of this Act are hereby repealed
or modified accordingly.

SECTION 6. This Act shall take effect fifteen (15) days upon its complete
publication in the Official Gazette or in at least two (2) general newspapers of national
circulation,

Approved,