EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

___ Introduced by Representative Rufus B. Rodriquez

House Bill No. 3791
EXPLANATORY NOTE

Section 1, Article XI of the 1987 Constitution provides that public office is a public
trust. Public officers and employees must at alll mes be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
Justice, and lead modest lives. Although these precepts are laudable, the pervasiveness of
graft and corruption remains a reality in Philippine society.

The Office of the Ombudsman is tasked to investigate on its own or on complaint by
any person, any act or omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper, or inefficient. Though zealous, the
men and women of the Office of the Ombudsman, themselves government officials and
employees, are not spared from challenges brought about by numerous harassment suits
filed against them by disgruntled litigants. Moreover, their personal safety and the safety of
their family are at constant risk due to the high-profile cases they are handling

Furthermore, despite the enormity of their task of battling graft and corruption, the
salary of Ombudsman employees is still not comparable to that of their counterparts in other
government agencies and in other anti-graft and corruption bodies in the Asia-Pacific

Region

With the enactment of this bill into law, it is believed that the enhancement of the
welfare of the country’s graftbusters will strengthen the Office of the Ombudsman as an
institution in its fight against graft and corruption

Considering all the foregoing, approval of this bill is eamestly sought.

Wy WA

RUFUS 'B. RODRIG}


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez _

House Bill No. 3791

AN ACT
TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN, UPGRADE EMPLOYEE SKILLS
AND AUGMENT COMPENSATION AND BENEFITS, ENHANCE FISCAL AUTONOMY,
APPROPRIATING FUNDS THEREFOR, AMENDING FOR THIS PURPOSE REPUBLIC
ACT NO. 6770, OTHERWISE KNOWN AS THE OMBUDSMAN ACT OF 1989, 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 R.A. No. 6770 is hereby amended to read as follows:

“SEC. 6. Rank and Salary. - The Ombudsman and his Deputies
shall have the same ranks, salaries and privileges as the Chairman and
members, respectively, of a Constitutional Commission. Their salaries
shall not be decreased during their term of office

The-members-of_the-prosecutioninvestigation-and_legal-_staff-of

the-Office-of the-Ombudsman-shall_receive-salaries-which-shall_not_be
less—than—those—given-to—comparable—positions_in—any-office in_the
Government

THE MEMBERS OF THE PROSECUTION, INVESTIGATION,
LEGAL AND PERMANENT ADMINISTRATIVE STAFF OF THE OFFICE
OF THE OMBUDSMAN SHALL RECEIVE THE SAME RANK,
CATEGORY, PREROGATIVE, SALARIES, _ ALLOWANCES,
EMOLUMENTS AND OTHER PRIVILEGES, INCLUDING THE SAME
RETIREMENT AND OTHER BENEFITS, AS THOSE OF A JUDGE OF A
COMPARABLE LEVEL IN ACCORDANCE WITH THE FOLLOWING
TABLE:

INS | COMPARABLE POSITIONS IN |
|e se i vupiciary |
[Assistant Ombudsman and other | Regional Trial Court Judge |
permanent employees with Salary |

}Grade29, | be |
| GIPO IV and other permanent | Metropolitan Trial Court Judge
[employees with Salary Grade 28. | _
GIPO Ill and other permanent |
Lemployees with Salary Grade 27. | : Be HE ET
| GIPO Il and other permanent Municipal Circuit Trial Court Judge
Lemployees with Salary Grade 26. __ and Municipal Trial Court Judge

| OMBUDSMAN POSIT

Trial Court Judge



SECTION 2. Section 6 of R.A. No. 6770 is further amended by inserting Section 6-A, 6-B, 6-
C and 6-D to read as follows:

“SECTION 6-A. RETIREMENT BENEFITS. MEMBERS OF THE
PROSECUTION, INVESTIGATION, LEGAL AND PERMANENT
ADMINISTRATIVE STAFF OF THE OFFICE OF THE OMBUDSMAN AS
PRESENTED IN THE TABLE IN THE PREVIOUS SECTION, WHO
HAVE RENDERED AT LEAST FIFTEEN (15) YEARS OF
GOVERNMENT SERVICE, THE LAST FIVE (5) OF WHICH ARE WITH
THE OFFICE OF THE OMBUDSMAN, AND HAVE REACHED THE AGE
OF SIXTY-FIVE (65), SHALL BE ENTITLED TO A RETIREMENT
PENSION BASED ON THE HIGHEST MONTHLY SALARY, PLUS THE
HIGHEST MONTHLY AGGREGATE OF TRANSPORTATION, LIVING
AND REPRESENTATION ALLOWANCES, WHICH THEY WERE
RECEIVING AT THE TIME OF THEIR RETIREMENT.

THOSE WHO HAVE RENDERED SERVICE FOR THE SAME
PERIOD AND WHO HAVE REACHED THE AGE OF SIXTY (60) AND
OPT TO RETIRE SHOULD BE ENTITLED TO THE SAME BENEFIT.

SECTION 6-B. CONDITIONS FOR ENTITLEMENT OF
PENSION. ~ TO MAINTAIN ENTITLEMENT TO THE PENSION HEREIN
PROVIDED, NO OMBUDSMAN LAWYER, DURING THE TIME HE/SHE
1S RECEIVING SAID PENSION, SHALL APPEAR AS COUNSEL
BEFORE ANY JUDICIAL OR QUASI-JUDICIAL AGENCY IN ANY CIVIL
CASE WHEREIN THE GOVERNMENT OR ANY AGENCY,
SUBDIVISION, OR INSTRUMENTALITY THEREOF IS AN ADVERSE
PARTY, IN ANY CRIMINAL CASE WHEREIN ANY OFFICER OR
EMPLOYEE OF THE GOVERNMENT IS ACCUSED OF AN OFFENSE
COMMITTED IN RELATION TO HIS/HER OFFICE, OR IN ANY
ADMINISTRATIVE PROCEEDINGS TO MAINTAIN AN INTEREST
ADVERSE TO THE NATIONAL OR LOCAL GOVERNMENT OR TO
ANY OF ITS LEGALLY CONSTITUTED OFFICERS.

WHEN AN OMBUDSMAN LAWYER OR ADMINISTRATIVE
STAFF COVERED BY AND RECEIVING ANY BENEFIT UNDER THIS
ACT SHALL ASSUME AN ELECTIVE OR APPOINTIVE POSITION IN
GOVERNMENT, HE/SHE SHALL NOT, UPON ASSUMPTION OF
OFFICE AND DURING HIS/HER TERM OR TENURE, RECEIVE THE
MONTHLY PENSION OR ANY OF THE ALLOWANCES DUE HIM/HER.

SECTION 6-C. OTHER PERSONNEL BENEFITS AND
PRIVILEGES. THE PROVISIONS OF OTHER LAWS TO THE
CONTRARY NOTWITHSTANDING, THE OFFICE OF THE
OMBUDSMAN MAY PROVIDE ITS EMPLOYEES WITH THE
FOLLOWING BENEFITS:

(1) HEALTH CARE SERVICES THROUGH A HEALTH
MAINTENANCE ORGANIZATION (HMO);

(2) ACCIDENT INSURANCE POLICIES PROCURED BY THE
OFFICE AT ITS OWN EXPENSE DURING TRAVELS
WHILE IN THE PERFORMANCE OF THEIR OFFICIAL
DUTIES AND FUNCTIONS;


(3) SCHOLARSHIPS FOR DESERVING EMPLOYEES ON
OFFICIAL TIME AND AT THE EXPENSE OF THE OFFICE
OF THE OMBUDMAN TO ENHANCE THEIR ACADEMIC
GROWTH AND UPGRADE THEIR KNOWLEDGE AND
SKILLS. SCHOLARS UNDER THIS PROVISION SHALL
BE SELECTED ON THE BASIS OF COMPETITIVE
EXAMINATION AND SUCH OTHER GUIDELINES SET BY
THE OFFICE;

(4) A PROVIDENT FUND WHICH SHALL CONSIST OF
CONTRIBUTIONS BY THE OFFICE OF THE
OMBUDSMAN AND BY ITS LAWYERS AND EMPLOYEES.
TO A COMMON FUND WHICH MAY BE USED FOR THE
BENEFIT OF SUCH LAWYERS AND EMPLOYEES, AND
THEIR HEIRS; AND

(5) PROFESSIONAL MEMBERSHIP FEES, MANDATORY
CONTINUING LEGAL EDUCATION (MCLE) SERVICE
FEES AND RELATED MISCELLANEOUS EXPENSES OF
EMPLOYEES HOLDING POSITIONS FOR WHICH A
PROFESSIONAL LICENSE IS REQUIRED.

SECTION 6-D. SPECIAL ALLOWANCES. TO CARRY OUT THE
OBJECTIVES OF THIS ACT AND SUPPORT THE EFFORT TO FIGHT
CORRUPTION, THE OMBUDSMAN, SUBJECT TO AVAILABILITY OF
FUNDS, IS AUTHORIZED TO GRANT SPECIAL ALLOWANCES TO
OFFICIALS AND EMPLOYEES OF THE OFFICE OF THE
OMBUDSMAN TO AUGMENT SALARIES AND BENEFITS. THE
GRANT OF SPECIAL ALLOWANCES SHALL BE IN SUCH AMOUNTS
AS CAN BE SUPPORTED BY THE FUNDING SOURCES IDENTIFIED
IN THIS LAW AS WELL AS FROM ITS GENERAL FUND AND
SAVINGS; PROVIDED THAT SUCH ALLOWANCES SHALL NOT
EXCEED ONE HUNDRED PERCENT (100%) OF THE BASIC SALARY
OF THE OFFICIAL OR EMPLOYEE CONCERNED.

SECTION 3. Section 38 of R.A. No. 6770 is hereby amended to read as follows:

SEC. 38. Fiscal Autonomy. The Office of the Ombudsman shall
enjoy fiscal autonomy. Appropriations for the Office of the Ombudsman
may not be reduced below the amount appropriated for the previous
years and, after approval, shall be automatically and regularly released.
THE FUNDS NECESSARY TO SUPPORT THE GRANT OF SPECIAL
ALLOWANCES AND BENEFITS PROVIDED HEREIN AND TO
ENSURE THE EFFECTIVE IMPLEMENTATION OF THIS ACT SHALL
BE TAKEN FROM THE FOLLOWING:

(1) 35% OF THE VALUE OR PROCEEDS OF FORFEITED
ASSETS UNDER REPUBLIC ACT NO. 1379; AND

(2) ALL OTHER INCOME, FEES AND REVENUES
COLLECTED BY THE OFFICE OF THE OMBUDSMAN.

THE OMBUDSMAN IS AUTHORIZED TO RETAIN SUCH
SHARES AS PROVIDED IN THIS SECTION AND DISBURSE SUCH
FOR THE PURPOSE OF AND IN ACCORDANCE WITH THIS ACT AS


WELL AS FOR OTHER OPERATIONAL PURPOSES INCLUDING BUT
NOT LIMITED TO CAPITAL EXPENSES, TRAININGS AND OTHER
OPERATIONAL NEEDS. THE COURT OF COMPETENT
JURISDICTION SHALL INCLUDE IN ITS DISPOSITION THE
SEGREGATION OF THE OMBUDSMAN'S SHARE IN THE FORFEITED

ASSETS.

SECTION 4. Rules and Regulations. The Ombudsman shall issue, within ninety (90) days
after the effectivity of this Act, the necessary rules and regulation relating to the

administrative aspects of the provisions of this Act

SECTION 5. Separability Clause. - If for any reason, any section or provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof which are

not affected thereby shall continue to be in full force and effect

SECTION 6. Repealing Clause. - All laws, decrees, orders or rules and regulations, and
other issuances which are inconsistent with the provisions of this Act are hereby repealed,

amended or modified accordingly

SECTION 7. Effectivity. — This Act shall take effect fifteen (15) days after its publication in

two (2) national newspapers of general circulation.

Approved,