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Is oarelOV 13 ED

TIME:

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

Eighteenth Congress
First Regular Session

5492
HOUSE BILL NO.

Introduced by Hon. Cyrille “Beng” F. Abueg-Zaldi

EXPLANATORY NOTE

This bill was previously filed by Representative Frederick F, Abueg as House
Bill (H.B.) No. 2910 in the 16" Congress and as H.B. No. 1845 during the 17 Congress.
Both bills were referred to the House Committee on Appropriations.

The proposed bill is inspired by the same motivation that animated the enactment
of Republic Act (R.A.) No. 9227 which granted additional compensation in the form of
special allowances to, inter alia, Justices of the Supreme Court. It, in effect, extends to
the Chairman/Commissioners of the three (3) independent Constitutional Commissions
(Commission on Audit, Commission on Elections and Civil Service Commissions) and
the Ombudsman, the same benefits enjoyed by the Supreme Court Justices, as far as
applicable, under the said R.A. No. 9227.

Enactment of this bill would be in consonance with the fiscal autonomy and
independence enjoyed by the three (3) Constitutional Commissions and the
Ombudsman under the 1987 Constitution which would thereby be fleshed out more
meaningfully and lent more significance.

It will be recalled that before the enactment of R.A. No. 9227, the salary levels
and retirement benefits of the Members of the Constitutional Commissions and the
Ombudsman were at par with and in the same category as that of the Justices of the
Supreme Court. The herein proposed bill is, thus, a recognition of its necessity and aims
to standardize the compensation structure and retirement benefits amongst Supreme
Court Justices, Members of the Constitutional Commissions and the Ombudsman.

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The three (3) independent Constitutional Commissions as fixtures in the 1987
Constitution are concerned with specialized areas of governance — administration of the
electoral process (COMELEC), administration of the civil service (Civil Service
Commission), and administration of fiscal controls of the government (COA) — and,
hence, are designed as specialized agencies of government.

These three (3) Commissions play the role of countervailing institutions by
providing an independent check to the three (3) branches of government (Legislative,
Executive, and Judiciary) regarding their respective areas of concern and competence
Ina real sense, given the nature of their responsibilities as well as the unique role that
they play in the scheme of things, they virtually constitute the fourth (4!) branch of
government that is perceived as co-equal and co-important with the other branches,
including the Judiciary, particularly the Supreme Court.

The Ombudsman, likewise an independent constitutional body, enjoys the same
rank and salary as that of the Chairmen of the Constitutional Commissions and plays a
vital role as the constitutional mechanism for enforcement of accountability of all public
officers.

The proposed legislation is designed to provide an additional financial incentive
to attract capable men and women of proven probity and independence to serve in such
highly sensitive offices as the Constitutional Commissions and the office of the
Ombudsman with utmost responsibility, integrity, loyalty, and efficiency.

In view of the foregoing, the approval of this bill is earnestly recommended

CYRILLE onl Son secamipwvan

Representative, 2" District of Palawan


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

Eighteenth Congress
First Regular Session

5492
HOUSE BILL NO.

Introduced by Hon. Cyrille “Beng” F. Abueg-Zaldivar

AN ACT
AUTHORIZING THE RECEIPT OF ADDITIONAL COMPENSATION IN THE
FORM OF SPECIAL ALLOWANCES BY MEMBERS OF THE
CONSTITUTIONAL COMMISSIONS AND THE OMBUDSMAN, AND FOR
OTHER PURPOSES

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

Section 1. Declaration of Policy. — It is hereby declared the policy of the
State to adopt measures calculated to guarantee and safeguard the independence
of the Commission on Audit, the Commission on Elections, and the Civil Service
Commission, and the Ombudsman as well as flesh out and lend more meaning,
significance and substance to the fiscal autonomy enjoyed by these constitutional
bodies as mandated by the 1987 Constitution, and to ensure an efficient and
effective discharge of their powers, functions and responsibilities in their

respective areas of concern as specialized agencies of the government

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Sec. 2. Special Allowances as Additional Compensation. — Any
provision of law to the contrary notwithstanding, the Chairmen/Commissioners
of the Commission on Audit, the Commission on Elections, and the Civil Service
Commission, and the Ombudsman are hereby authorized to receive additional
compensation in the form of special allowances in an amount equivalent to one
hundred percent (100%) of their basic monthly-salary as specified for their
respective salary grades under the Salary Standardization Law.

The entitlement to the special allowances as herein authorized shall be
implemented uniformly for a period of four (4) years commencing the current
calendar year in such sums or amounts equivalent to twenty-five percent (25%)
of the basic salaries of the positions covered by this Act. Subsequent
implementation shall be to the extent only of such sums and amounts as can be
supported by the funding source specified in Section 3 hereof.

The amounts corresponding to the special allowances herein authorized
shall henceforth be incorporated in and form an integral part of the basic salaries
of the Members of the Constitutional Commission and the Ombudsman.

Sec. 3. Funding Source. — Funds for the initial implementation of this
Act to be set aside and allocated as “Special Allowances” in the books of account
of the Constitutional Commissions and the Office of the Ombudsman shall be
charged to and taken out of the current appropriations and/or available saving/s

therein.

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The Department of Budget and Management shall invariably include in
the annual General Appropriations Act for the subsequent calendar years the
necessary outlay for the said Special Allowances as the funding source for the
continued implementation of this Act.

Sec. 4. Inclusion in the Computation of Retirement Benefits. —\n order
to upgrade the retirement benefits presently enjoyed by retired Members of the
Constitutional Commissions and the Ombudsman pursuant to applicable
retirement laws, the life pension that they are receiving monthly from the
government shall be adjusted automatically forthwith so as to include in the
computation thereof the amount equivalent to the special allowances herein
authorized.

Sec. 5. Issuance of Implementing Guidelines. — The Chairmen of the
Constitutional Commissions and the Ombudsman shall jointly issue the
necessary guidelines for the proper implementation of this Act within ninety (90)
days from the approval hereof.

Sec. 6. Repealing Clause. — All laws, decrees, orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

Sec. 7. Separability Clause. — If any provision of this Act is declared
invalid or unconstitutional, the provisions thereof not affected by such

declaration shall continue to be in full force and effect.

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See. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication in at least two (2) newspaper of general circulation.

Approved,

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