26 AUG 2014
+ Joy
Republic of the Philippines ti) P
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS

Second Regular Session

4898

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

Section 1, Article XI of the 1987 Constitution provides that “[p]ublic office is a public
trust. Public officers and employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.” Despite this constitutional injunction, graft and corruption
seems to remain pervasive in Philippine society.

The Office of the Ombudsman is tasked to investigate on its own or on complaint by any
person, any act or omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper, or inefficient. Though zealous, the
‘men and women of the Office of the Ombudsman, themselves government officials and
employees, are not spared from challenges brought about by numerous suits filed against
them by disgruntled litigants. Moreover, their personal safety and the safety of their
family are at constant risk due to the cases they handle. Furthermore, despite the enormity
of their task of battling graft and corruption, the compensation of Ombudsman officials
and employee9hot comparable to that of their counterparts in other anti-graft and
corruption bodies in the Asia-Pacific Region,

With the enactment of this bill into law, it is believed that the enhancement of the welfare
of the country’s graft busters will strengthen the Office of the Ombudsman as an
institution in its fight against graft and corruption.

In view of all the foregoing, the support of the Members of Congress for the prompt and
timely passage of this measure is earnestly sought.

XAVIER JESUS “XJ” D. ROMUALDO



10

it

12

13

14

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS

Second Regular Session

HOUSE BILL NO. 4898

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D, ROMUALDO-

AN ACT
STRENGTHENING THE OFFICE OF THE OMBUDSMAN BY UPGRADING
EMPLOYEE SKILLS, AUGMENTING COMPENSATION AND BENEFITS, AND
ENHANCING FISCAL AUTONOMY, APPROPRIATING FUNDS THEREFOR,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6770, OTHERWISE KNOWN
AS THE OMBUDSMAN ACT OF 1989, AND FOR OTHER PURPOSES,

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

SECTION 1. Section 6 of Republic Act (RA) No. 6770 is hereby amended to read as follows:

SEC. 6. Rank and Salary. — Tae Ombudsman and his Deputies shal] have the same

ranks, salaries and privileges as the Chairman and members, respectively, of a

Constitutional Commission. Their salaries shall not be decreased during their term

of ofiice,

[Fhe -members-of the prosecution, investigation-and-legal-staff-ofthe-Offiee-of-the
on auascatecal At in  d-48
comparable positions flice-in-ths Governments]

THE MEMBERS OF THE PROSECUTION, INVESTIGATION, LEGAL, AND
PERMANENT ADMINISTRATIVE STAFF OF THE OFFICE OF THE

OMBUDSMAN SHALL HAVE THE SAME RANK,  SALARIE;

ALLOWANCES, EMOLUMENTS, AND OTHER FRIVILEG! INCLUDING

TE

SAME RETIREMENT AND OTHER BENE]

‘8, AS THOSE OF


MEMBERS OF THE JUDICIARY IN ACCORDANCE WITE
FOLLOWING TABLE:
OFFICE OF THE JUDICIARY
OMBUDSMAN
| ASSISTANT OMBUDSMAN REGIONAL TRIAL COURT
AND OTHER PERMANENT | JUDGE
EMPLOYEES WITH SALARY
GRADE (SG) 29 !
GRAFT INVESTIGATION METROPOLITAN TRIAL
AND PROSECUTION COURT JUDGE

OFFICER (GIPO) [V AND
OTHER PERMANENT

EMPLOYEI

WITH SG 28

| GIPO Il AND OTHER

PERMANENT EMPLOYEES

MUNICIPAL TRIAL

COURT IN CITIES

WITH SG 27 JUDGE

GIPO IT AND OTHER MUNICIPAL TRIAL COURT
PERMANENT EMPLOYEES JUDGE

WITH SG 26

SEC. 2. The following Sections are hereby inserted between Sections 6 and 7 of RA No. 6770:

—I

THE

SEC. 6-A. RETIREMENT BENEFITS. - MEMBERS OF THE PROSECUTION,

INVESTIGATION, LEGAL, AND PERMANENT ADMINISTRATIVE STAFF

OF THE OFFICE OF THE OMBUDSMAN, AS PRESENTED IN‘ THE TABLE IN,

THE PREVIOUS SECTION, WHO HAVE RENDERED AT LEAST FIFTEEN.

(15) YEARS OF GOVERNMENT SERVICE, THE LAST FIVE (5) OF WHICH

ARE WITH THE OFFICE OF THE OMBUDSMAN, AND HAVE REACHED

THE AGE OF SIXTY-FIVE (65), SHALL BE ENTITLED TO A RETIREMENT



10
41
12
13
14

Bie

ae
18
19
20
21
22
23
24
25.
26
27
28
29

30

PENSION BASED ON THEIR HIGHEST MONTHLY SALARY, PLUS THE
HIGHEST MONTHLY AGGREGATE OF TRANSPORTATION, LIVING, AND

REPRESENTATION ALLOWANCES, WHICH THEY WERE

RECEIVING

IMMEDIATELY PRIOR TO THE TIME OF THEIR RETIREMENT.

THOSE WHO HAVE RENDERED SERVICE FOR THE SAME PERIOD AND.
WHO HAVE REACHED THE AGE OF SIXTY (60) AND OPT TO RETIRE

SHALL BE ENTITLED TO THE SAME BEN!

SI

6-B. CONDITIONS FOR ENTITLEMENT OF PENSION. ~ TO MAINTAIN
ENTITLEMENT TO THE PENSION HEREIN PROVIDED, NO FORMER
LAWYER OF THE OFFICE OF THE OMBUDSMAN, DURING THE TIME
HE/SHE IS RECEIVING SAID PENSION, SHALL 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, IN ANY
CRIMINAL CASE WHEREIN ANY OFFICER OR EMPLOYEE OF THE
GOVERNMENT IS ACCUSED OF AN OFFENSE COMMITTED IN RELATION
TO HIS/HER OFFICE, OR IN ANY ADMINISTRATIVE PROCEEDINGS TO.
MAINTAIN AN INTEREST ADVERSE TO THE NATIONAL OR A LOCAL

GOVERNMENT OR TO ANY OF ITS LEGALLY CONSTITUTED OFFICERS.

WHEN A FORMER LAWYER OR MEMBER OF THE ADMINISTRATIVE,

STAFF OF THE OFFICE OF THE OMBUDSMAN COVE

‘1D BY AND
RECEIVING ANY BENEFIT UNDER THIS ACT SHALL ASSUME AN
ELECTIVE OR APPOINTIVE POSITION IN GOVERNMENT, HE/SHE SHALL
NOT, UPON ASSUMPTION OF OFFICE AND DURING HIS/HER TERM OR
TENURE, RECEIVE THE MONTHLY PENSION OR ANY OF THE

ALLOWANCES DUE HIM/HER FROM THE OFFICE OF THE OMBUDSMAN,



10
coe
12

13

15
16
17
18
19
20
21
22
23
24
25
26
27
28

29

30

SEC. 6-C. OTHER PERSONNEL BENEFITS AND PRIVILEGE:

~ THE
PROVISIONS, OF OTHER LAWS TO THE CONTRARY
NOTWITHSTANDING, THE OFFICE OF THE OMBUDSMAN MAY PROVIDE

ITS EMPLOYEES WITH THE FOLLOWING BENEFITS:

A. HEALTH CARE SERVICES THROUGH A HEALTH MAINTENANCE

ORGANIZATION;

B, ACCIDENT INSURANCE, PROCURED BY THE OFFICE OF THE
OMBUDSMAN AT ITS OWN EXPENSE, DURING TRAVELS WHILE IN

THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND FUNCTIONS;

C. SCHOLARSHIPS FOR DESERVING EMPLOYEES ON OFFICIAL TIME
AND AT THE EXPENSE OF THE OFFICE OF THE OMBUDMAN TO
ENHANCE THEIR ACADEMIC GROWTH AND UPGRADE THEIR
KNOWLEDGE AND SKILLS; PROVIDED, THAT SCHOLARS UNDER
THIS PROVISION SHALL BE SELECTED ON THE BASIS OF
COMPETITIVE EXAMINATION AND SUCH OTHER GUIDELINES SET

BY THE OMBUDSMAN;

D, A PROVIDENT FUND, WHICH SHALL CONSIST OF CONTRIBUTIONS
BY THE OFFICE OF THE OMBUDSMAN AND BY ITS LAWYERS AND

EMPLOYEES TO A COMMON FUND WHICH MAY BE USED FOR THE

BENEFIT OF SUCH LAWYERS AND EMPLOYEES AND THEIR HEIRS;

AND

E. PROFESSIONAL MEMBERSHIP ‘F

Ss, MANDATORY CONTINUING
LEGAL EDUCATION SERVICE FEES, AND RELATED
MISCELLANEOUS EXPENSES OF EMPLOYEES HOLDING POSITIONS

FOR WHICH A PROFESSIONAL LICENSE IS REQUIRED.


2 SEC. 6-D. SPECIAL ALLOWANCES. —- TO CARRY OUT THE OBJECTIVES OF

3 THIS ACT AND SUPPORT THE EFFORTS TO FIGHT CORRUPTION, THE
4 OMBUDSMAN, SUBJECT TO AVAILABILITY OF FUNDS, IS AUTHORIZED
Ss TO GRANT SPECIAL ALLOWANCES TO OFFICIALS AND EMPLOYEES OF
6 THE OFFICE OF THE OMBUDSMAN TO AUGMENT SALARIES AND
7 BENEFITS. THE GRANT OF SPECIAL ALLOWANCES SHALL BE IN SUCH
8 AMOUNTS AS CAN BE SUPPORTED BY THE FUNDING SOURCES
9 IDENTIFIED IN THIS LAW AS WELL AS FROM THE OFFICE OF THE
10 OMBUDSMAN’S GENERAL FUND AND SAVINGS; PROVIDED, THAT
11 SUCH ALLOWANCES SHALL NOT EXCEED ONE HUNDRED PERCENT
12 (100%) OF THE BASIC SALARY OF THE OFFICIAL OR EMPLOYEE
13 CONCERNED.

14

15 SEC. 3. Section 38 of RA No. 6770 is hereby amended to read as follows:

16

a7 SEC. 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy fiscal
18 autonomy. Appropriations for the Office of the Ombudsman may not be reduced
19 below the amount appropriated for the previous year and, after approval, shall be
20 automatically and regularly released.

21

22 THE FUNDS NECESSARY TO SUPPORT THE GRANT OF SPECIAL
23 ALLOWANCES AND BENEFITS PROVIDED HEREIN AND* TO ENSURE
24 THE EFFECTIVE IMPLEMENTATION OF THIS ACT, SHALL BE TAKEN
25 FROM THE FOLLOWING:

26

27 A. THIRTY-FIVE PERCENT (35%) OF THE VALUE OR PROCEEDS OF
28 FORFEITED ASSETS UNDER REPUBLIC ACT NO. 1379. THE COURT

29 SHALL INCLUDE, IN ITS JUDGEMENT OF FORFEITURE,

THE



10

cee

12

13

14

45

16

7

18

19

20

21

22

23

24

25

26

27

28

SEGREGATION OF THE OFFICE OF THE OMBUDSMAN’S SHARE IN

THE FORFEITED ASSETS.

B, ALL OTHER INCOME, FEES, AND REVENUES COLLECTED BY THE

OFFICE OF THE OMBUDSMAN.

THE OMBUDSMAN IS AUTHORIZED TO RETAIN SUCH SHARES AS
PROVIDED IN THIS SECTION AND DISBURSE THE SAME FOR THE
PURPOSE OF AND IN ACCORDANCE WITH THIS ACT, AS WELL AS FOR
OTHER OPERATIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO.
CAPITAL EXPENDITURES, TRAININGS, AND OTHER OPERATIONAL
NEEDS.

SEC. 4. Administrative Rules and Regulations. ~ The Ombudsman shall issue, within ninety (90)
days from the effectivity of this Act, the necessary rules and regulation relating to the

administrative aspects of the provisions of this Act.

SEC. 5. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional,

the other provisions not affected thereby shall remain in full force and effect.
SEC. 6. Repealing Clause. — All laws, decrees, orders, rules and regulations, and other issuances
or parts thereof that are inconsistent with the provisions of this Act are hereby repealed or

modified accordingly.

SEC. 7. Effectivity. — This Act shall take effect fifteen (15) days afier its publication in at least

‘two newspapers of general circulation.

Approved,