s/OUSE9F REPRESENTATIVES
RECEIVED

Republic of the Philippines BY:
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

REGISTRATION UNIT
LS AND INDEX SERVICE

SEVENTEENTH CONGRESS
First Regular Session

House Bul No, 1235

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

‘This bill seeks to ensure that the Ombudsman in the exercise of his mandate as
the protector of the people is properly guided by the principles of due process as
enshrined in our Constitution.

‘The argument that since preventive suspension is not penal In nature and,
therefore, notice and hearing is dispensable should not be acceptable.

Preventive suspension entails curtailment of one’s profession which will result
negatively, to the least, on his social and financial aspects of life and with a great blow
‘on one’s morale. Therefore, extreme caution must be observed prior the imposition. As
a safeguard thereof, one must be given a mandatory opportunity to defend himself
against the impending imposition of the same,

In line of the foregoing it is thus proposed to reduce the period of suspension
from six (6) months to three (3) months so as to promote the speedy resolution of the
investigation being conducted against the person subject of the same. On the part of the
respondent, the shortened period of suspension will be less prejudicial. Furthermore, in
consonance with the principle of equity, in the event of acquittal it is but rightful to
return what respondent should have received were it not for the imposition of
preventive suspension,

In view thereof, early consideratios pproval of this bill is earnestly sought.

|ALDO V.
Representative
Second District, Province of Oriental Mindoro



Republic of the Philippines

HOUSE OF REPRESENTATIVES.

CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

1235

House Bill No.

Introduced by Honorable REYNALDO V. UMALI

AN ACT AMENDING SECTION 24 OF REPUBLIC ACT NO. 6770 OTHERWISE
KNOWN AS “THE OMBUDSMAN ACT OF 1989” TO ENSURE THAT THE
FUNDAMENTAL PRINCIPLES OF DUE PROCESS AND EQUITY ARE STRICLY
OBSERVED BY THE OMBUDSMAN IN RELATION TO THE IMPOSITION OF
PREVENTIVE SUSPENSION

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

Section 1: Section 24 of Republic Act No. 6770 is hereby amended as follows:

SECTION 24, PREVENTIVE SUSPENSION. ~ The Ombudsman or his Deputy may
preventively suspend any officer or employee under his authority pending an
investigation AFTER CONDUCTING A MANDATORY HEARING WHICH WOULD
DETERMINE WHETHER OR NOT THE PERSON SUBJECT OF THE INVESTIGATION IS
HIGHLY PROBABLE TO INFLUENCE, INTERFERE, PREVENT OR DELAY THE
INVESTIGATION;

In the event the person subject of the investigation is preventively suspended, the
preventive suspension shail continue until the case is terminated by the Office of the
Ombudsman BUT NOT MORE THAN THREE (3) MONTHS, without pay, excluding
bonuses and other similar benefits, except when the delay in the disposition of the case
by the Office of the Ombudsman is due to the fault, negligence or petition of the
respondent, in which case the period of such delay shall not be counted in computing
the period of suspension herein provided. HOWEVER, IN CASE OF ACQUITTAL, THE
ACCUSED SHALL BE ENTITLEO TO THE SALARY THAT HE SHOULD HAVE RECEIVED
DURING THE PERIOD OF HIS PREVENTIVE SUSPENSION;


SECTION 2. Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations and/or administrative regulations which are inconsistent with the provisions of
this Act are hereby amended, modified, superseded or repealed accordingW.

SECTION 3. Effectivity Clause. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspaper of general circulation.

Approved.