, . 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
,II 
Third Regular Session 
) 
SEN~2"G 
S. No. __ 
•. , __ 
iil_ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Article XI, Sections 12 and 13 of the Constitution provides: 
Section 1. Public 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. 
Section 13. The Office of the Ombudsman shall have the following 
powers, functions, and duties: 
1. 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. 
2. Direct, upon complaint or at its own instance, any public official or employee 
of the Government, or any subdivision, agency or instrumentality thereof, as 
well as of any government-owned or controlled corporation with original 
charter, to perform and expedite any act or duty required by law, or to stop, 
prevent, and correct any abuse or impropriety in the performance of duties. 
3. Direct the officer concerned to take appropriate action against a public official 
or employee at fault, and recommend his removal, suspension, demotion, fine, 
censure, or prosecution, and ensure compliance therewith. 
4. Direct the officer concerned, in any appropriate case, and subject to such 
limitations as may be provided by law, to furnish it with copies of documents 
relating to contracts or transactions entered into by his office involving the 
disbursement or use of public funds or properties, and report any irregularity 
to (he Commission on Audit for appropriate action. 
5. Request any government agency for assistance and information necessary in 
the discharge of its responsibilities, and (0 examine, if necessary, pertinent 
records and documents. 
6. Publicize matters covered by its investigation when circumstances so warrant 
and with due prudence. 
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and 
corruption in the Government and make recommendations for their 
elimination and the observance of high standards of ethics and efficiency. 
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8. Promulgate its lUles of procedure and exercise such other powers or perform 
such functions or duties as may be provided by law. 
The Constitution gave broad powers to the Ombudsman. However, these powers must be 
exercised in accordance with the Bill of Rights and other laws passed by Congress which provide 
certain limitations and serve as safeguards against state abuses. 
In the impeachment trial of Chief Justice Renato C. Corona, the Ombudsman testified 
that she acquired information from the Anti-Money Laundering Council (AMLC) regarding the 
Chief Justice's alleged dollar deposits. However, this information was acquired without the 
proper court order which leads us to question the limits of the Ombudsman's power to directly 
examine an individual's bank accounts. 
This amendment provides the strongest possible protection for the depositor, as it ties the 
hands of the Ombudsman with the actions of the AMLC and the constraints imposed upon it 
under Section II of Republic Act No. 9160 or the Anti-Money Laundering Act. This means that 
it is only when the AMLC itself is able to get a court order allowing inquiry into any bank 
deposit that the Ombudsman would be able to obtain information about the bank deposit in 
question. 
In addition, in cases where the Ombudsman is seeking information from the AMLC 
regarding covered and/or suspicious transactions, such request can only be granted upon prior 
approval of the courts. This effectively gives the AMLC the power to decline mere requests from 
the Ombudsman for information regarding certain accounts or transactions. 
This bill should be referred to the Senate Committee on Constitutional Amendments, 
Revision of Codes and Laws for immediate consideration. 
Lw\,. 4~ . 
.4~ J,,:tk.; 
, MIRIAM DEFtNSOR slrm!fio 
trP' 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENA'fi~36 ,; 
S N 
ilt_, 
, o, ___ 
~ 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING SECTION 15 REPUBLIC ACT NO, 6770, OTHERWISE KNOWN AS THE 
3 
OMBUDSMAN ACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I, Two new paragraphs shall be added after the final paragraph of Section IS 
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ofRepubJic Act No, 6770, otherwise known as the Ombudsman Act, which shall read as follows: 
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SEC, IS, Powers, Functions and Duties, - The Office of the Ombudsman 
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shall have the following powers, functions and duties: 
8 
xxx 
xxx 
xxx 
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The Ombudsman shall give priority to complaints filed against high 
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ranking government officials and/or those occupying supervisory positions, 
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complaints involving grave offenses as well as complaints involving large sums 
12 
of money and/or properties, 
13 
PROVIDED, 
THAT 
IN 
CASES 
WHERE 
TI-IE 
POWERS 
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ENUMERATED HEREIN ARE SOUGHT TO BE EXERCISED FOR 
IS 
PURPOSES OF INQUIRING INTO BANK DEPOSITS PURSUANT TO 
REPUBLIC ACT NO, 9160, AS AMENDED, THE CONDITIONS IMPOSED 
17 
BY SECTION II THEREOF SHALL LIKEWISE APPLY, 
18 
PROVIDED 
FURTHER, 
THAT 
INFORMATION 
REGARDING 
19 
COVERED AND/OR SUSPICIOUS TRANSACTIONS UNDER REPUBLIC 
20 
ACT NO, 9160, AS AMENDED, MAY ONLY BE OBTAINED BY THE 
21 
OMBUDSMAN UPON ORDER OF A COMPETENT COURT. 


SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
2 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
3 
with the provision of this Act is hereby repealed, modified or amended accordingly. 
4 
SECTION 3. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 4. Flfectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
, , 
I 
Approved, 
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