SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'13 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XI, Sections 1 and 12 provide: 
SEC. 1. Public office is a public trust. Public officers 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. 
SEC. 12. The Ombudsman and his Deputies, as protectors of the people, 
shall act promptly on the complaints filed in any form or manner against 
public officials or employees of the Government, or any subdivision, 
agency or instrumentality thereof, including government-owned or 
controlled corporations, and shall, in appropriate cases, notify the 
complainants of the action taken and the result thereof. 
The fallure of the Ombudsman to promptly act on cases imbued with public interest, such 
as the cases of the PNP Euro-Generals, the fertilizer scam, the misuse of the Road Users Tax, 
and the NBN-ZTE scandal, is well-documented. In all these cases, various committees of the 
Senate have recommended the prosecution of the public officials involved. 
Such inaction of the Office of the Ombudsman, whose office is constitutionally mandated 
to fight corruption, weakens our government's anti-corruption program as a whole. It is therefore 
imperative for Congress to legislate laws that will strengthen the Office of the Ombudsman and 
speed up the process by which corrupt public officials are brought to justice. 
One way to speed up the process is by removing the redundancy caused by doing a 
separate preliminary investigation even after a prima facie evidence of gnilt has been established 
in a congressional hearing in aid of legislation. 


A preliminary investigation is an element of due process which, while granted by law, is 
not a constitutional right, The purpose of preliminary investigation is to determine whether there 
, 
is a sufficient ground to engenger a well-grounded belief that a crime has been committed and 
that the responded it probably guilty thereof and should be held for trial. l 
Preliminary investigation is merely inquisitorial, and it is often the only means of 
discovering the persons who may be reasonably charged with a crime, to enable the fiscal to 
prepare his complaint or information. It is not a trial of the case on the merits and has no purpose 
except that of determining whether a crime has been committed and whether there is probable 
cause to believe that the accused is guilty thereof, and it does not place the person against whom 
it is taken in jeopardy? 
The purpose is, however, satisfied if the accused is given all the opportunity to submit 
countervailing evidence.3 Probable cause merely implies probability of guilt and should be 
determined in a summary manner. Preliminary investigation is not a part of a trial and it is only 
in a trial where an accused can demand the full exercise of his rights, such as the right to 
confront and cross-examine his accusers to establish his innocence. 4 
Given the inquisitorial nature of the congressional hearings, it is possible that in the 
course of the investigations, a prima facie case against a person involved in the matter 
investigated upon, may be established. In such instances, part of the resolution of the case would 
be to recommend the prosecution of persons against whom a prima facie case has been 
established. In such ins~ances, a preliminary investigation would be redundant a~ the person 
sought to be prosecuted would already have been given the opportunity to avail qf the rights 
available to persons subject of preliminary investigation, including the right to provide 
countervailing evidence. 
Such arrangement would not only speed up the prosecution process of the Office of the 
Ombudsman but also make the congressional hearings more meaningful as the persons involved 
1 Webb v. Vizconde, 247 SCRA 652 (1995). 
2 T.ndoc v. Result.n, 175 SCRA 37 (1989). 
3 People v. Poculan, 167 SCRA 176 (1988). 
4 Webb v. De Leon, 247 SCRA 652 (1995). 
2 


would have to treat such hearings more seriously since the findings of the Congress can be 
adopted by the Office of the Ombudsman and cause the filing of information against them. 
This power should be tempered by a proviso which allows the Office of the Ombudsman 
to conduct a preliminary investigation in cases with insufficient evidence. 
It is important to underscore the fact that the power of the Office of the Ombudsman to 
prosecute does not directly originate from the Constitution. It is found in Republic Act No. 6770, 
or the Ombudsman Law. This means that while the Office of the Ombudsman has constitutional 
basis, the Ombudsman's power to prosecute is a creation of the legislature and not of the 
Constitution. 
The records of the Constitutional Commission establishes the following points: (1) since 
the power of the Ombudsman to prosecute is a creation of the legislature, that power is subject to 
revision by Congress; and (2) since the power to conduct preliminary investigations is an 
incident to the Ombudsman's power to prosecute, it follows that such procedural power is also 
subject to the revisory powers ofCongress.5 
This bill aims to expedite the prosecution of cases recommended by Congress and hasten 
the delivery of justice on matters of national concern.6 
5 See II Records of the Constitutional Commission 265-271 (1986). 
6 This case was originally filed during the Fifteenth Congress, Second Regular Session. 
3 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"13 
JUL -] p;;:'1 
SEN~96 
S.No. ___ 
_ 
liE" ';·'1,'1':'" WI: t \ 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 6770, OTHERWISE KNOWN AS THE OMBUDSMAN 
3 
ACT, EXPEDITING THE PROSECUTION OF CASES RECOMMENDED BY CONGRESS 
4 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. A new Section 20-A shall be inserted after Section 20 of Republic Act No. 
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6770, otherwise known as the Ombudsman Act, which shall read as follows: 
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SEC. 20-A. Recommendations by Congress. -
The Office of the 
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Ombudsman shall have the power to immediately cause the filing of an 
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information against and prosecute the officials over which it has Qisciplinary 
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authority, as provided in this Act, without preliminary investigation, upon 
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recommendation by either the Senate or the House of Representatives; provided 
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that the Office of the Ombudsman has made a determination that the Isaid 
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recommendation is supported by evidence sufficient to prosecute the case as 
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provided in its rules. The Office of the Ombudsman shall make such 
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determination within thirty (30) days from receipt of the congressional 
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recommendation. 
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The chamber of Congress, from which the congressional recommendation 
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originated, shall transmit all evidence gathered during their inquiry along with 
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their recommendation. The Office of the Ombudsman may then adopt the results 
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of the congressional inquiry in place of a preliminary investigation. 
21 
If the Office of the Ombudsman determines that the evidence provided is 
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insufficient, it shall conduct a separate preliminary investigation and shall 
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1 
communicate the result of such investigation to the chamber of Congress from 
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which the congressional recommendation originated. 
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In all such cases, the Office of the Ombudsman shall ensure that the cases 
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covered by congressional recommendations are given priority. 
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SECTION 2. Separability Clause. -
If any provision of this Act is declared 
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unconstitutional or invalid, the remainder of the Act which is not affected thereby shall continue 
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to be in full force and effect. 
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SECTION 3. Repealing Clause. - All laws, decrees, orders, rules, and regulations or 
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parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or 
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modified accordingly. 
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SECTION 4. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
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following its publication in at least two (2) newspapers of general circulation. 
Approved, 
2