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

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

5134

HOUSE BILL NO,

Introduced by CIBAC Party-List Representative
Sherwin Tugna

TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN,

MPLOYEE SKILLS AND AUGMENT COMPENSATION AND

‘AL AUTONOMY, APPROPRIATING FUNDS

FOR THIS PURPOSE REPUBLIC ACT NO. 6770,

HE OMBUDSMAN ACT OF 1989, AND FOR OTHER
PURPOSE:

REFOR, AMEND.
RWISE KNOWN AS

EXPLANATORY NOTE

Section 1, Article XI of the 1987 Constitution provides that 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. 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 the
men and women of the Office of the Ombudsman, themselves government o}
employees, are not spared from challenges brought about by numerous harass!
against them by disgruntled litigants. Moreover, their personal safety and the
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 graft-busters will strengthen the Office of the Ombudsman as an
institution in its fight against graft and corruption.

herwin Tugna



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

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION
5134
HOUSE BILL NO,

Introduced by CIBAC Party-List Representative
Sherwin Tugna

AN ACT TO STRENGTHEN THE OFFI
UPGRADE E)
BENEFITS, ENHANC!

THEREFOR, AMENDIN
OTHERWISE KNOWN A‘

°E OF THE OMBUDSMAN,

KILLS AND AUGMENT COMPENSATION AND

FISCAL AUTONOMY, APPROPRIATING FUNDS

3 FOR THIS PURPOSE REPUBLIC ACT NO. 6770,

HE OMBUDSMAN ACT OF 1989, AND FOR OTE
PURPOSES

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

ction 6 of R.A. No, 6770 is hereby amended to read as follows:

:C. 6, Rank and Salary. ~ The Ombudsman and his Deputies shall have the
ame 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 prosecution; investigation-andegal-staff-oft eof
the Ombudsman-shall-receive-sakaties-which-shall-not-be-less-than-those-given
to-comparable-positions-in-any-office in-the Government,

THE MEMBERS OF THE
PERMANENT ADMINISTRATIVE STAFF OF TH
OMBUDSMAN SH. EIVE THE SAME
PREROGATIVE, S. ALLOWANCES,
OTHER PRIVILEGE:
OTHER BENEFI

OMBUDSMAN POSITIONS COMPARABLE POSITIONS
JUDICIARY
| Assistant Ombudsman and other | Regional Trial Court Judge

permanent employees with Salary
Grade 29,

GIPO_IV_and_ other permanent | Metropolitan Trial Court Judge

2



employees with Salary Grade 28.

GIPO TIT and other permanent
employees with Salary Grade 27.

Trial Court Judge

-C and 6-D to read as follows:

FITS. MEMBERS OF THE
INVESTI ION, LEGAL AND PERMANENT
TRATIVE STAFF OF THE OFFICE OF THE OMBUDSMAN

SENTED IN THE TABLE IN THE PREVIOUS ION,
WHO HAVE RENDERED AT LEAST F N (15) YEARS OF
GOVERNME JAST FIVE (5) OF WHICH ARE
WITH THE OMBUDSMAN, AND HAVE REAC|
THE AC IXTY-FIVE (65), SHALL BE ENTITLED
TIREMENT PENSION BASED ON THE HIGHES'
ALARY, PLUS E HIGH MON
TRANSPORTATION, LIVING
ALLOWANCES, WHICH THEY W
OF THEIR RETIREMENT.

THOSE WHO HAVE RENDERE
PERIOD AND WHO HAVE REACHED
AND OPT TO RETIRE SHOULD BE
BENEFIT.

(60)

SECTION 6-B. CONDITIONS FOR ENTITLI
TO MAINTAIN ENTITLEMENT TO NSION H
PROVIDED, NO OMBUDSMAN LAWYER, DURING THE TIME
SHE IS 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 HI
OFFICE, OR IN ANY ADMINISTRATIVE PROCEEDING
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

3

GIPO Il and other permanent) Municipal Circuit. Trial Court
employees with Salary Grade 26. | Judge and Municipal Trial Court
Judge
SECTION 2. Section 6 of R.A. No. 6770 is further amended by inserting Section 6-A, 6-B,



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
MA! NANCE 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

GROWTH AND UPGRADE THEIR

AND SKILLS. SCHOLARS UNDER THIS.

PROVISION SHAL E “TED ON THE BASIS OF

COMP! IVE E. AND SUCH OTHER

GUIDELINES SET

(4) A PROVIDENT FI CON
CONTRIBUTIONS BY THE OFFICE Of
OMBUDSMAN AND BY ITS LAWYERS AND
EMPLOY ‘0 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
4



33

IDENTIFIED IN THIS LAW AS WELL AS FROM ITS
GENERAL FUND AND SAVINGS; PROVIDED THAT SUCH
ALLOWANCES SHALL NOT EXCEED ONE HUNDRED
ENT (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
IMPLEMENTATION OF THIS ACT,
FOLLOWING:

SHALL BE TAKEN FROM TH

(1) 35% OF THE VALUE OR PROCEEDS OF FORFEITED
AS JNDER REPUBLIC ACT NO, 1379; AND

@) ALL OTHER INCOME, FEES
COLLECTED BY TI
OMBUDSMAN,

MAN IS AUTHORIZED TO RETAIN SUCH
D IN THIS ION AND DISBURSE SU

AS FOR OTHER OPERATIONAL PURPOS
LIMITED TO CAPITAL EXPENS! 1 AND OT
OPERATIONAL NEEDS. THE COM
JURISDICTION SHALL INCLUDE IN ITS DISPOSITION E
SEGREGATION OF THE OMBUDSMAN’S SHARE IN THE
“ITED 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.


1 Approved,