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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second ager Session
6451

EXPLANATORY NOTE

The Office of the Ombudsman is vested with significant powers, functions and
duties by the Constitution, including but not limited to investigate and prosecute on
its own or on complaint by any person, any act or omission of any public office or
employee, office or agency, when such act or omission appears to be illegal, unjust,
improper or inefficient. ‘ The Office of the Ombudsman has primary jurisdiction over
cases cognizable by the Sandiganbayan and in the exercise of its primary
jurisdiction, may take over at any stage from the investigatory agency of
Government, the investigation of such cases. Without need of further highlighting,
the Office of the Ombudsman is the government's focal agency in its fight against
graft and corruption.

With the very sensitive and highly technical nature of job and responsibility
given to the office, there is a need to attract personnel whose integrity and
character is beyond reproach; people who serve above self and dedicate their life to
public service. However, it cannot be denied that the turn over of officials and
employees in the Office of the Ombudsman is putting the agency at risk of losing
good and dedicated individuals who seek better opportunities outside of the office in
view of better compensation and retirement packages.

In recent years, compensation and retirement benefits of the Judiciary and
the Prosecution Service of the government was updated, recognizing their valuable
contribution and service in dispensing justice.

Thus, in order to attract the services of people with the highest degree of
integrity and dedication to serve the people; zealous in the fight against corruption,
and most importantly to keep them in the Office of the Ombudsman, it is hereby
proposed that a competitive retirement and survivorship package be given to the
officials and employees of the Office of Ombudsman.

Therefore, passage of this bill is earnestly sought. I /
"Sec. 13 (1), Article XI, 1987 Constitution


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6451

AN STRENGTHENING THE OFFICE OF THE OMBUDSMAN BY ESTABLISHING
A RETIREMENT BENEFIT SYSTEM THEREBY AUGMENTING THE EMPLOYEE
BENEFITS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER:
PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Title.- This Act shall be known as the "Ombudsman Retirement Law."

SECTION 2. Coverage. - This Act shall apply to all officials and employees of the
Office of the Ombudsman performing legal and technical functions with Salary Grade
26 to 29, not otherwise covered by any other existing benefit and retirement laws.
They shall enjoy the same retirement and other benefits as those of the judges of
the Regional Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Court with the same salary grades.

Any increase after the approval of this Act in the salaries, allowances or
retirement benefits or any upgrading of the grades or levels thereof of any or all of
the Judges referred to therein to whom said emoluments are assimilated shall apply
to the corresponding official or employee.

SECTION 3. Retirement benefits.- The benefits granted under this Act shall
accrue to the Ombudsman official or employee who has rendered at least fifteen
(15) years of service either in the Office of the Ombudsman or in any branch of
government, or in both, or retires for having attained the age of sixty five (65) years


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or resigns by the reason of incapacity to discharge the duties of the office. The
Ombudsman official or employee shall during the remaining years of his natural life
in the manner provided, shall receive a retirement pension on the highest monthly
salary during his incumbency, plus the highest monthly aggregate of transportation,
living and representation allowances, which the official or employee was receiving at
the time of retirement from office.

When an Ombudsman official or employee covered by this Act has attained
the age of sixty (60) years and has rendered at least fifteen (15) years of service in
government, the last five (5) years of which must have been continuously rendered
in the Office of Ombudsman, the Ombudsman official or employee shall likewise be
entitled to retire and receive during the remaining years of his natural life the same
benefits provided for in this Act: Provided, however, that those with less than
fifteen (15) years of service in the government shall be entitled to a pro-rated

pension computed as follows:

No. of years in government service
x Basic Pay Plus the Highest Aggregate
15 years of Transportation, Living, and
Representation Allowances

SECTION 4, Conditions and Limitations, - To maintain entitlement to the
retirement benefit herein granted, the retired Ombudsman official or employee
receiving a pension shall not 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; or in any criminal case wherein any
officer or employee of the Government is accused of an offense committed in
relation to the official or employee's office, collect any fee for the appearance in any
administrative proceedings to maintain an interest adverse to the government,
whether national, provincial, or municipal or to any of its legally constituted officers.
When an Ombudsman official or employee covered under this Act shall assume an
elective office, the entitlement to monthly pension shall be terminated.


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SECTION 5. Automatic Increase. - All pension benefits of retired officials or
employees of the Office of the Ombudsman shall be automatically increased
whenever there is an increase in the salary and allowance in the same position from
which he retired.

SECTION 6. Survivorship Benefits.- Upon the death of an Ombudsman official
‘or employee who had retired or was in the service at the time of death, and who is
entitled to retirement benefits under this law or other laws, the surviving legitimate
spouse and dependent children of the Ombudsman official or employee shall be
entitled to receive on a monthly basis all the retirement benefits that the deceased
was receiving or entitled to receive at the time of death under the provisions of the
applicable retirement laws then in force. A "dependent" shall refer to legitimate,
illegitimate or legally adopted child who is chiefly dependent with the said
Ombudsman official or employee: Provided, the dependent is not more than twenty
‘one (21) years of age, unmarried and not gainfully employed, or if such dependent
regardless of age, is incapable of support because of mental or physical defect. The
surviving legitimate spouse shall continue to receive such retirement benefits until
the surviving legitimate spouse will remarry: Provided, That if the surviving
legitimate spouse is receiving benefits under existing retirement laws, the surviving
legitimate spouse shall be entitled to the difference between the amount provided
for in this Act and the benefits that the surviving legitimate spouse is receiving.

SECTION 7, Hazard Allowances, - The Ombudsman officials and employees
performing prosecution, investigation, corruption prevention and other technical
functions and who, by reason of their assigned tasks and responsibilities are
exposed to hardships, security risks and other hazards, as determined by the
Ombudsman, are entitled to receive an additional monthly Hazard Allowance (HA)
which shall not exceed fifty percent (50%) of the basic monthly salary of the
Ombudsman official or employee concerned.

SECTION 8. Funding. - The amount necessary to implement the provisions of this
Act shall be included in the budget of the Office of the Ombudsman in the annual
General Appropriations Act.


SECTION 9. Separability Clause. — If any provision, section or part of this Act
shall be declared unconstitutional or invalid, such judgment shall not affect,
invalidate or impair any other provisions, sections or parts hereof.

SECTION 10. Repealing Clause. ~- All laws, decrees, orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed

or modified accordingly.

SECTION 141, Effectivity. ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,