Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS

First Regular Session

408
H.B.No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Thirty years ago, Hong Kong was considered as one of the most corrupt countries in
Asia. It is now perceived as among the least corrupt countries Asia. On the other hand, the
Philippines is now perceived as one of the most corrupt, in the world.

World Bank studies conclude that the most important factor in the Hong Kong
experience was the establishment of the Independent Commission Against Corruption (ICAC) in
1974. In comparison to the budget allocated to ICAC, the budget of the Office of the
Ombudsman and other support anti-graft agencies pales.

The Office of the Ombudsman is hindered to fulfill its mandate of combating corruption
due to funding and resource limitations. Furthermore, with the disposition of cases going ata
snail's pace, corruption continues to go unhampered leading to massive losses in government
revenue which remain unaccounted for.

This bill intends to aid the Office of the Ombudsman in the fulfillment of its mandate by
augmenting the financial resources of the Ombudsman. It seeks to provide more funding to the
Ombudsman by giving it a share in any property forfeited in favor of the State under Republic
Act No. 1379, otherwise known as the Forfeiture Law.

It will provide a mechanism wherein 10% of the value of forfeited assets shall be used as
funding for the Ombudsman that will assist the continued progress of cases. The percentage
method will also ensure that the additional funding to the Ombudsman shall not lead to a loss
for the government. It is hoped that with these extra funds the Ombudsman will be able to
effectively perform its mandate.

The delivery of justice to our people, especially when the hard-earned money they pay
for taxes is being misused by unscrupulous officials, can only be achieved when we arm the
appropriate government agencies with the resources for this.

In view of the foregoing, approval of this bill is earnestly sought.

Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

408

H.B.No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379, OTHERWISE KNOWN AS
THE FORFEITURE LAW, TO PROVIDE A FIXED PERCENTAGE OF THE VALUE
OF FORFEITED PROPERTIES IN CORRUPTION CASES AS ADDITIONAL
FUNDING FOR THE OFFICE OF THE OMBUDSMAN AND FOR OTHER
PURPOSES

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

SECTION 1. Sec. 6 of Republic Act No. 1379 is hereby amended to read as follows:

“Section 6. Judgment. If the respondent is unable to show to the
satisfaction of the court that he has lawfully acquired the property in question,
then the court shall declare such property forfeited in favor of the State, and by
virtue of such judgment the property aforesaid shall become property of the
State: Provided, That THIRTY PERCENT (30%) OF THE VALUE OF SUCH
PROPERTY FORFEITED IN A FINAL AND EXECUTORY ORDER OF THE
COURT SHALL BE EARMARKED AS ADDITIONAL FUNDING IN FAVOR OF
THE OFFICE OF THE OMBUDSMAN; PROVIDED, FURTHER, THAT IF THE
PROPERTY IS NOT IN CASH IT SHALL BE SOLD AT PUBLIC AUCTION
AND THE PROCEEDS THEREOF, AFTER DEDUCTING THE THIRTY
PERCENT (30%) FOR THE OFFICE OF THE OMBUDSMAN, SHALL
ACCRUE TO THE GENERAL FUND. No judgment shall be rendered within six
months before any general election or within three months before any special
election. The Court may, in addition, refer this case to the corresponding
Executive Department for administrative or criminal action, or both.”

SEC. 2. Separability Clause. Any portion or provisions of this Act that may be 20
declared unconstitutional or invalid shall not have the effect of nullifying other portions and
provisions hereof as long as such remaining portions or provisions can still subsist and be given
effect in their entirety.

SEC. 3. Repealing Clause. All laws, decrees, executive orders, proclamations and
administrative regulations, or any parts thereof inconsistent herewith are hereby revoked,
Tepealed or modified accordingly.


SEC. 4. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) national papers of general circulation,

Approved,