Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO.__5044

EXPLANATORY NOTE

Reeling from the previous administration, the 1987 Constitution was adopted
creating the Office of the Ombudsman steadfast in its purpose to protect the people by
acting on any complaints filed in against public official or employees of the Government,
or any subdivisions, agency or instrumentality including government-owned or
controlled corporations. Consequently, Republic Act No. 6770 otherwise known as “The
Ombudsman Act of 1989” was enacted to implement the constitutional provision
thereon. It is at the foremost in fighting of graft and corruption. However, as time went
on, the powers provided under R.A. No. 6770 are no longer enough to combat graft and
corruption, thus its prevalence and the continued increase in the number of cases.

Therefore, in view of the challenges and difficulties being experienced by the
Office of the Ombudsman, it is proposed to grant the office additional investigative and
prosecutorial powers and other powers necessary to effectively implement graft laws.

Passage of the law is therefore earnestly sought

abi hel Z


Republic of the Philippines.
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
Second Regular Session

5044

HOUSE BILL NO.

Introduced by REPRESENTATIVE MARLYN L, PRIMICIAS-AGABAS,

AN ACT
STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE OFFICE OF THE OMBUDSMAN BY
AMENDING CERTAIN PROVISIONS OF R.A. NO. 6770, OTHERWISE KNOWN AS “THE
OMBUDSMAN ACT OF 1989,” AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 15 of R.A. No. 6770 is hereby amended to read as follows:

"SEC, 1. Powers, Functions and Duties, - The Office of the Ombudsman shall have
the following powers, functions and duties

(1) Investigate and prosecute on its own or an complaint by any person, any act or
omission of any public officer or employee, office or agency, when such act or

omission appears to be illegal, unjust, improper or inefficient; (It-has-primary

f : ti 3)

(2) EMPLOY WIRETAPPING AS AN INVESTIGATIVE TECHNIQUE WHEN THE
CIRCUMSTANCES OF A CASE SO WARRANT. FOR THIS PURPOSE,
SECTION 3 OF REPUBLIC ACT NO. 4200, OTHERWISE KNOWN AS THE
ANTI-WIRETAPPING LAW, IS HEREBY AMENDED TO INCLUDE CASES
INVOLVING PLUNDER, VIOLATIONS OF REPUBLIC ACT NO. 3019,
FORFEITURE OF ILL-GOTTEN WEALTH UNDER REPUBLIC ACT NO. 1379,
CRIMES COMMITTED BY PUBLIC OFFICERS UNDER THE REVISED PENAL
CODE AND OTHER GRAFT AND CORRUPTION OFFENSES IN THE CASES
FOR WHICH WIRETAPPING MAY BE ALLOWED AFTER AN APPLICATION
FOR AND GRANT OF A JUDICIAL AUTHORITY;

(3) EXERCISE EXCLUSIVE JURISDICTION OVER CASES COGNIZABLE BY THE
SANDIGANBAYAN AND, PURSUANT TO SUCH EXCLUSIVE JURISDICTION,
TAKE OVER, AT ANY STAGE, FROM ANY INVESTIGATORY AGENCY OF
GOVERNMENT, THE INVESTIGATION OF SUCH CASES, IF, IN ITS
DETERMINATION, PUBLIC INTEREST WILL BE SERVED THEREBY,

(4) {(2)] Direct, upon complaint or at its own instance, any officer or employee of the
Government, of of any subdivision, agency or instrumentality thereof, as well as


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any government-owned or controlled corporations [withoriginal-charter], to
perform and expedite any act or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance of duties;

(5) [(3)] Direct the [officer concerned HEAD OF AGENCY OR OFFICIAL to take
appropriate action against a public officer or employee at fault or who neglects to
perform an act or discharge @ duty required by law, and [recommend], FOR
SUCH PURPOSE, ORDER SAID HEAD OF AGENCY OR OFFICIAL TO
IMPLEMENT AN ORDER FOR fis} THE SAID PUBLIC OFFICER OR
EMPLOYEE'S removal. suspension, demolition, fine, ensure, or prosecution [and
‘ensure-compliance-therewith;-oF enforce] IN LINE WITH its disciplinary authority
as provided in Section 21 of this Act: Provided, that the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove,
suspend, demote, fine, censure, or prosecute an officer ora employee who is at
fault or neglects to perform an act or discharge a duty required by law shall be a
ground for disciplinary action against said officer;

(6) {(4)] Direct the officer concerned, in any appropriate case, and subject to such
limitations as it may provide in its rules of procedure, to furnish it with copies of
documents relating to contracts or transactions entered into by his office involving
the disbursement or use of public funds or properties, and report any irregularity
to the Commission on Audit for appropriate action;

(7) {8)]_ Request any government agency for assistance and information necessary
in the discharge of its responsibilities, and to examine, if necessary, pertinent
records and documents;

(8) (6)] Publicize matters covered by its investigation of the matters mentioned in
paragraphs (1), (2), (@}-aed] (4), (5), (6) AND (7) hereot, when circumstances 80
warrant and with due prudence: Provided, That the Ombudsman under its rules
and regulations may determine what cases may not be made public: Provided,
further, that any publicity issued by the Ombudsman shall be balanced, fair and
true;

(9) {()] Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government, and make recommendations for their elimination
and the observance of high standards of ethics and efficiency;

(10) {8)] Administer oaths, issue subpoena and subpoena duces tecum [ TO
COMPEL AND SECURE THE COMPULSORY ATTENDANCE OF ANY
WITNESS OR THE PRODUCTION OF EVIDENCE WHEREVER THE SAME
MAY BE FOUND, and take testimony AT ANY STAGE OF [in] any investigation
or inquiry, PROVIDED, THAT IN THE COURSE OF SUCH INVESTIGATION OR
INQUIRY, THE OMBUDSMAN SHALL HAVE [including] the power to examine
and have access to bank ANO NON-BANK accounts, records AND
TRANSACTIONS, SUCH AS DEPOSITS, TRUSTS, INVESTMENTS, EVEN
PRIOR TO THE FILING OF A CASE BEFORE A COURT OF COMPETENT
JURISDICTION, NOTWITHSTANDING THE PROVISIONS OF REPUBLIC ACT
NO. 1405, AS AMENDED: REPUBLIC ACT NO. 6426, AS AMENDED.
REPUBLIC ACT NO. 8791 AND REPUBLIC ACT NO. 9160, AS AMENDED.
AND OTHER LAWS:


(11) ENTER, VISIT, INSPECT, OR IF CIRCUMSTANCES REQUIRE, BREAK INTO
ANY GOVERNMENT OFFICE OR ANY PUBLIC PREMISES STRUCTURE OR
ESTABLISHMENT, IN THE LAWFUL COURSE OF AN ONGOING CRIMINAL
OR ADMINISTRATIVE INVESTIGATION, AND SEIZE ANY OBJECT OR
ARTICLE FOUND THEREIN WHICH MAY BE USED IN THE SAID
INVESTIGATION, OR DIRECT ANY PUBLIC OFFICER TO DELIVER SUCH
OBJECT OR ARTICLE, PURSUANT TO SUCH RULES AND REGULATIONS
THAT THE OMBUDSMAN MUST PROMULGATE TO GOVERN THE EXERCISE
(OF THE FOREGOING POWER;

(12) {(9)] Punish for contempt in accordance with {the-Rules-of-Court] ITS OWN
RULES and [under-the-same-procedure] with the [same] penalties provided
[therein] UNDER SECTION 36 OF THIS ACT.

(13) ((10)] Delegate to the Deputies, or its investigators or representatives such
authority or duty as shall ensure the effective exercise or performance of the
powers, functions, and duties herein of hereinafter provided;

(14) {(44)] Investigate and initiate the proper action for the recovery of ill gotten
and/or unexplained wealth amassed after February 25, 1986 and the prosecution
of the parties involved therein. IN THE FILING AND PROSECUTION OF SUCH
ACTIONS, THE REPUBLIC OF THE PHILIPPINES SHALL BE EXEMPT FROM
THE FILING OF ANY BOND OR THE PAYMENT OF ANY FEES AND
CHARGES, PROPERTIES LIQUIDATED OR SOLD BY THE GOVERNMENT,
AND THOSE RECOVERED, FORFEITED, SURRENDERED AND
TRANSFERRED TO THE GOVERNMENT, SHALL BE EXEMPT FROM THE
PAYMENT OF ANY NATIONAL OR LOCAL TAXES.

SEC. 2. Insert new paragraphs (1, (16) and (17) to Section 15 of R.A. No. 6770 to read as

(18) REPRESENT ITSELF, THE REPUBLIC OF THE PHILIPPINES, OR THE
PEOPLE OF THE PHILIPPINES IN ANY JUDICIAL, ADMINISTRATIVE, CIVIL
OR OFFICIAL PROCEEDING INVOLVING CASES WITHIN ITS JURISDICTION
BEFORE ANY COURT, TRIBUNAL, AGENCY, OR OFFICE WITHOUT NEED
OF PRIOR CLEARANCE, AUTHORITY OR DEPUTATION FROM ANY OTHER
OFFICE OR AGENCY, INCLUDING THE OFFICE OF THE SOLICITOR
GENERAL;

(18) DEPUTIZE PRIVATE LAWYERS TO ACT AS INVESTIGATORS OR
PROSECUTORS TO ACT UNDER THE DIRECT CONTROL AND
SUPERVISION OF THE OMBUDSMAHN IN CASES BEING HANDLED BY THE
OFFICE, WHEN SPECIAL AND MERITORIOUS CIRCUMSTANCES SO
WARRANT, SUBJECT TO SUCH RULES AND REGULATIONS, INCLUDING
PROVISIONS FOR REASONABLE COMPENSATION AND REIMBURSEMENT
FOR REASONABLE EXPENSES, AS THE OMBUDSMAN WILL PROMULGATE!
AND

(17) CREATE AND ADMINISTER ITS WON WITNESS PROTECTION AND
WHISTLEBLOWING PROGRAMS AND, FOR SUCH PURPOSES, MAINTAIN
ITS OWN INTELLIGENCE ENFORCEMENT OR PROTECTIVE SERVICES
UNIT FOR THE PROTECTION OF ITS WITNESSES AND WHISTLEBLOWERS,


SEC. 3

SEC. 4.

SEC. 5.

The Ombudsman shall give priority to complaints filed against high ranking
government officials andlor those occupying supervisory _ positions,
complaints involving grave offenses as well as complaints involving large
‘sums of money and! properties.

Section 17 of R.A. 6770 is hereby amended to read as follows:
"SEC. 17. immunities. ~ x xx

Under such terms and conditions as it may determine, [taking-into-account
the-pertinent-provisions. of the Rules. of- Court] the Ombudsman may grant immunity
from criminal prosecution to any person whose testimony or whose possession and
production of documents or other evidence may be necessary to determine the truth
in any hearing, inquiry or proceeding being conducted by the Ombudsman or under
its authority, in the performance or in the furtherance of its constitutional functions
and statutory objectives, The immunity granted under this and the immediately
preceding paragraph shall not exempt the witness from criminal prosecution for
perjury or false testimony nor shall he be exempt from demotion or removal from
office.

Any refusal to appear or testify pursuant to the foregoing provisions shall be
subject to punishment for contempt and removal of the immunity from criminal
prosecution,

Section 25 of R.A, No. 6770 is hereby amended to read as follows:
“SEC. 26. Penalties. ~

(1) In administrative proceedings under [Presidential_Decree-No—807]
EXECUTIVE ORDER NO, 292, THE OFFENSES DEFINED AND the penalties [and
fules] provided therein shall be applied

(2) In other administrative proceedings, the penalty ranging from
suspension without pay for one (1) year to dismissal with forfeiture of benefits or a
fine ranging from Five Thousand Pesos (5,000.00) to twice the amount malversed
ilegally taken or lost, or both at the discretion of the Ombudsman, takin into
consideration circumstances that mitigate or aggravate the liability of the officer or
employee found guilty of the complaint or charges.

THESE PENALTIES MAY BE IMPLEMENTED DURING ELECTION
PERIOD, AMENDING FOR THIS PURPOSE SECTION 261 (x) OF BATAS
PAMBANSA BLG, 881, OR THE OMNIBUS ELECTION CODE.”

Section 27 of R.A. No, 6770 is hereby amended to read as follows,

"SEC. 27, Effectivily and Finality of Decisions, - (1) All provisionary orders
of the Office of the Ombudsman are immediately effective and executory

‘A motion for reconsideration of any order, directive or decision of the Office of
the Ombudsman must be filed within five (5) day after receipt of written notice and
shall be entertained only on any of the following grounds:


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SEC. 6

SEC. 7.

SEC. 8.

(1) New evidence has been discovered which materially affects the
order, directive or decision;

(2) Errors of law or irregularities have been committed prejudicial to the
interest of the movant, [The-motion for reconsideration shall-be resolved within three
(3)-days-trom-fling--ProvidedThat] ONLY one motion for reconsideration shall be
entertained

Findings of fact by the Office of the Ombudsman when supported by
substantial evidence are conclusive. Any order, directive decision imposing the
penalty of public censure or reprimand, suspension of not more than one (1) MONTH
AND FINE OF NOT MORE THAT ONE (1) MONTH'S SALARY shall be final and
unappealiable.

In all administrative disciplinary cases, orders, directives, or decisions of the
Office of the Ombudsman may be appealed to the COURT OF APPEALS ON A
VERIFIED PETITION FOR REVIEW UNDER RULE 43 OF THE RULES OF COURT.
AN APPEAL SHALL NOT STOP THE DECISION FROM BEING EXECUTORY.

The above rules may be amended or modified by the Office of the
Ombudsman as the interest of justice may require.

Insert @ new Section $1-A to R.A, No, 6770 to read as follows’

SEC, 31-A. IMMUNITY FROM SUIT OF OMBUDSMAN INVESTIGATORS
AND PROSECUTORS, - OMBUDSMAN IVESTIGATORS AND PROSECUTORS,
INCLUDING THOSE DEPUTIZED BY THE OMBUDSMAN PURSUANT TO
SECTION 31 HEREOF, SHALL BE IMMUNE FROM CRIMINAL, ADMINISTRATIVE
OR CIVIL SUITS ARISING FROM THEIR MANDATE AND THE REGULAR
EXERCISE OF THEIR OFFICIAL FUNCTIONS,

Section 32, paragraph (3) of R.A. No. 6770 is hereby amended to read as follows:
‘SEC, 32, Rights and Duties of Witness, ~ x x x

(3) Ifa person refuses to respond to the Ombudsman’s or his Deputy’s subpoena,
or refuses to be examined, or engages in obstructive conduct, the Ombudsman or
his Deputy shall issue an order directing the person to appear before him to show
cause why he should not be punished for contempt. [The-contempt-proceedings
shall be conducted pursuant-to the provisions of the Rules-of Gout )"

Section 36 of R.A. No, 6770 is hereby amended to read as follows:

"SEC, 36. Penalties for Obstruction. — Any person who wilfully obstructs or
hinders the proper exercise of the functions of the Otice of the Ombudsman, or who
willfully misleads or attempts to mislead the Ombudsman, his Deputies, and the
Special Prosecutor in replying to their inquiries shall be punished by a fine of not
exceeding Five thousand pesos (P5,000.00)

ANY PERSON GUILTY OF MISSEHAVIOR IN THE PRESENCE OF OR SO
NEAR AN OFFICER OF THE OFFICE OF THE OMBUDSMAN AS TO OBSTRUCT


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SEC.9.

OR INTERRUPT THE PROCEEDINGS BEFORE THE SAME, INCLUDING
DISRESPECT TOWARD THE HEARING OFFICER, OFFENSIVE PERSONLITIES
TOWARD OTHERS, OR REFUSAL TO BE SWORN OR TO ANSWER AS A
WITNESS OR TO SUBSCRIBE AN AFFIDAVIT OR DEPOSITION WHN
LAWFULLY REQUIRED TO DO SO, MAY BE SUMMARILY ADJUDGED IN
CONTEMPT BY SUCH HEARING OFFICER, SUBJECT TO THE APPROVAL OF
THE OMUBSMAN, AND PUNISHED BY A FINE NOT EXCEEDING FIVE
THOUSAND PESOS (P5,000.00) OR IMPRISONMENT NOT EXCEEDING TEN
(10) DAYS WITHOUT PREJUDICE TO THE FILING OF A CRIMINAL CASE
UNDER PRESIDENTIAL DECREE NO. 1829

ANY IMPROPER CONDUCT TENDING DIRECTLY OR INDIRECTLY, TO
IMPEDE, OBSTRUCT, DEGRADE THE ADMINISTRATION OF JUSTICE, OR ANY
INVESTIGATION BEING CONDUCTEO BY THE OFFICE OF THE OMBUDSMAN
SHALL CONSTITUTE AS INDIRECT CONTEMPT, AND SALL AFTER NOTICE
AND HEARING, BE PUNISHED WITH THE SAME PENALTIES AS DIRECT
CONTEMPT.

TO ENFORCE THE PROVISIONS OF THIS SECTION, THE OFFICE OF
THE OMBUDSMAN MAY, IF NECESSARY, REQUEST THE ASSISTANCE OF
ANY LAW ENFORCEMENT OFFICE OR DEPUTIZE ANY LAW ENFORCEMENT
OFFICER TO ASSIST IN THE EXECUTION OF ANY ORDER ISSUED FOR SAID
PURPOSE.”

Insert a new Section 36-A to R.A. No. 6770 to read as follows:

Sec. 36-A. ILLEGAL DISCLOSURE OF INFORMATION. - IT SHALL BE
UNLAWFUL FOR ANY PERSON WHO RECEIVES A SUBPOENA, OTHER
ORDERS, OR REQUESTS FOR INFORMATION FROM THE OFFICE OF THE
OMBUDSMAN PURSUANT TO THE EXERCISE OF THE LATTER'S POWERS
UNDER SECTION 15 HEREOF TO DISCLOSE TO ANY PERSON ANY
INFORMATION CONCERNING SAID ORDERS OR REQUESTS, AND THE
PROCEEDINGS RELATING THERETO. ANY VIOLATION OF THIS SECTION
WILL SUBJECT THE OFFENDER TO IMPRISONMENT RANGING FROM SIX (6)
MONTHS AND ONE (1) DAY TO THREE (3) YEARS, AND A FINE OF NOT LESS
THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P500,000.00).

SEC, 10, Rules and Regulations, ~ The Ombudsman shall issue, within ninety (90) days after

SEC. 11
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.

the approval of this Act, the necessary rule and regulation relating to the administrative aspects of the
provisions of this Act.

Separabillity Clause, ~ If for any reason, any section or provision of this Act is

SEC, 12. 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.

Approved