Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO. _ 4993

Introduced by: REP. RAUL V. DEL MAR

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 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 employee 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.

(Ne MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 4983

Introduced by: REP. RAUL V. DEL MAR

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 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:


OMBUDSMAN POSITIONS — COMPARABLE POSITIONS
7 7 _IN JUDICIARY

Assistant Ombudsman and Regional Trial Court Judge

other permanent employees with

Salary Grade 29. 7 |

GIPO IV and other permanent Metropolitan Trial Court Judge

employees with Salary Grade 28.

GIPO III and other permanent City Trial Court Judge

employees with Salary Grade 27.

'GIPO II 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, 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 E) 'LEMENT OF
PENSION. - TO MAINTAIN ENTITLEMENT TO THE PENSION



HEREIN PROVIDED, NO OMBUDSMAN LAWYER, DURING
THE TIME HE/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 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 CONSITUTED
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 BE} TS 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
FUNCTONS;



(3) SCHOLARSHIPS FOR DESERVING EMPLOYEES ON
OFFICIAL TIME AND AT THE EXPENSE OF THE OFFICE OF
THE OMBUDSMAN TO ENHANCE THEIR ACADEMIC GRTH
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 MSICELLANEOUS 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 ENEFITS. THE GRANT TO 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 FORFITIED
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 OMBUDMAN'S
SHARE IN THE FORFEITED ASSETS.

s ION 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 provisions 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,