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3 Oct 2013
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SIXTEENTH CONGRESS
First Regular Session

H.B.No, 3246

Introduced by HONORABLE BELLAFLOR J. ANGARA-CASTILLO

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 in 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 at a 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 30% 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.

5
wl’ Mhgn f » Lladheruso

Representative
Lone District, Province of Aurora


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES)
FIRST REGULAR SESSION )

H. B. No. 8248

Introduced by HONORABLE BELLAFLOR J. ANGARA-CASTILLO

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 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, repealed 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,