FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 699 
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) 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Public office is a public trust. Article XI, Section 1 of the1987 Philippine 
Constitution categorically declares this mandate. Thus, the State shall maintain 
honesty and integrity in the public service and is further mandated to take 
positive and effective measures against graft and corruption. Likewise, Section 4 
of Republic Act No. 6713, or the Code of Conduct of Ethical Standards for Public 
Officials and Employees expressly mandates all public officials and employees to 
always uphold the public interest over and above personal interest. Accordingly, 
in order to safeguard public trust and ensure accountability from public officers, 
the independent Office of the Ombudsman was created under Section 5, Article 
XI of the 1987 Constitution, with the intention that the Ombudsman would be the 
"champion of the citizen" or the "people's champion." Generally, the Office of the 
Ombudsman has the duty to promptly act on complaints before it pursuant to 
Section 12, Article XI of the 1987 Constitution. Specifically, the Office of the 
Ombudsman has both the duty and power to conduct preliminary investigations 
and to direct the filing of criminal cases with the Sandiganbayan pursuant to 
Section 13, Article XI of the 1987 Constitution and Section 13 of Republic Act No. 
6770, otherwise known as The Ombudsman Act of 1989. 
Unfortunately, in spite of these constitutional and statutory mandates, the 
government has been saddled with allegations of graft and corruption by high-
ranking government officials. Even more unfortunate is the apparent attempt to 
shield said government officials from criminal prosecution by the very public 
officer, in the person of the Ombudsman, constitutionally mandated to investigate 
and prosecute corrupt high-ranking officials. Major graft and corruption cases 
have remained unacted upon, unresolved, and/or been dismissed by reason of 
either poor handling, for which the Ombudsman has been repeatedly rebuked. 
The Ombudsman has been equally assailed for failing to prosecute various 
cases of graft and corruption involving First Gentleman Mike Arroyo as well as 
other close allies of the former President despite the existence of overwhelming 
evidence to support the same. Examples of these high-profile graft and 
corruption cases are the botched MEGA Pacific Scandal, ZTE-NBN Broadband 
Deal, the Jocjoc Fertilizer Fund Scam, the case of the Euro-Generals and the 
World Bank report that alleged that the First Gentleman demanded and/or 
received millions of pesos in bribe money in exchange for favorable 
endorsements to contractors bidding for government infrastructure projects. 
Thus, this bill proposes the appointment of a Special and Independent 
Prosecutor who will investigate and prosecute all criminal charges against 
impeachable public officials and their relatives, up to the 6th degree of 


consanguinity and affinity, in instances where the Department of Justice and the 
Office of the Ombudsman may have personal, financial or political conflict of 
interest, or, have not commenced any resolution to prosecute the same. 
The Special and Independent Prosecutor shall be selected from a list of 5 
nominees prepared by the Supreme Court, and appointed through a joint 
resolution of Congress. The independent special prosecutor shall have adequate 
authority, including fiscal autonomy, to fully investigate and prosecute such cases 
that may come within the purview of this Act. 
The intent of this measure is to restore public confidence in an impartial 
administration of justice by ensuring that officials of the government, particularly 
impeachable officials and their relatives could not interfere with anyon-going 
investigation or prosecution of a prominent government official or his/her relative. 
The appointment of an independent special prosecutor will ensure that 
investigations will be free from the influence of political and personal 
considerations. 
In view of the foregoing, urgent passage of this bill is earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 699 
) 
) 
) 
" [) 
,JUL ,-7 P 
~:. :34 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO STRENGTHEN PUBLIC TRUST AND ACCOUT ABILITY BY ENSURING 
IMPARTIALITY IN THE INVESTIGATION AND PROSECUTION OF CERTAIN 
CASES INVOLVING IMPEACHABLE PUBLIC OFFICIALS AND THEIR 
RELATIVES WITHIN THE 6th CIVIL DEGREE OF CONSANGUINITY OR 
AFFINITY, MANDATING FOR THE PURPOSE THE APPOINTMENT OF THE 
SPECIAL 
AND 
INDEPENDENT 
PROSECUTOR, 
AND 
FOR 
OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1 . Title. - This Act shall be known as the "Special and 
Independent Prosecutor Act of 2010." 
SEC. 2. Declaration of Policy - Pursuant to Article II Section 7 of the 
1987 Constitution, the State shall maintain honesty and integrity in the public 
service. Toward this end, public officials shall always uphold the public interest 
over and above personal interest. Further, the State shall implement a 
mechanism that will discourage the practice of undue patronage and ensure that 
laws are applied to everyone without discrimination and regardless of party 
affiliation or preference. 
SI;:C. 3. Coverage. - This Act shall apply to the following persons who 
may have committed any crime punishable by at least six (6) years of 
imprisonment, regardless of fines: 
(a) The President and Vice President; 
(b) Members of the Supreme Court; 
(c) Members of the Constitutional Commissions; 
(d) Ombudsman; 
(e) Any individual who held an office or position described in paragraphs 
(a), (b), (c) or (d) for 1 year after leaving the office or position; and 
(f) Relatives of the individuals occupying an office or position described in 
paragraphs (a), (b), (c) or (d) up to the fifth (6th) civil degree, whether by 
consanguinity or by affinity. 


SEC. 4. Filing an Application for an Appointment of a Special and 
Independent Prosecutor in Cares where Conflict of Interests Exists -
Whenever a case is filed for investigation or prosecution by the Office of the 
Ombudsman and/or the Department of Justice (DOJ) of a crime involving any of 
the persons mentioned in Section 1 and the latter do not resolve it within a period 
of fifteen (15) days from filing, or if it may result in a personal, financial, or 
political conflict of interest with any of the officials of the Office of the 
Ombudsman and/or the Department of Justice, any person may file an 
application for the appointment of a Special and Independent Prosecutor in 
accordance with the provisions provided in this Act. 
SEC. 5. Application for Appointment of an Independent Prosecutor -
(a) An application for the appointment of a Special and Independent Prosecutor 
for cases involving persons mentioned in Section 1 shall be filed before the 
Supreme Court. 
(b) When'the Supreme Court determines that there is basis for the appointment 
of a Special and Independent Prosecutor as provided in Section 4 of this Act, it 
shall resolve the application, within a period of thirty (30) days, by submitting at 
least five (5) names, with the names on the list ranked and marked as to 
preference, to be appointed as' the Special and Independent Prosecutor; 
Provided, That no person maybe nominated as the Special and Independent 
Prosecutor unless he is a citizen of the Philippines, a member of the Philippine 
Bar, at least thirty-five (35) years of age, engaged in the practice of law for at 
least five (5) years, of proven competence, integrity, probity and is not occupying 
any position in the government; Provided Fwther, that the Supreme Court shall 
promulgate the necessary rules of procedure that will govern the exercise of the 
powers of the Special and Independent Prosecutor as mandated and described 
under this Act. 
(c) The Congress of the Philippines, through a joint resolution, shall choose and 
confirm the appointment of the Special and Independent Prosecutor who shall 
come from the list of nominees indicated in the resolution of the Supreme Court; 
Provided, that if Congress does not act on the resolution of the Supreme Court 
within a period of fifteen (15) days from receipt of such, regardless of whether or 
not Congress is in session, the first name on the list of nominees submitted by 
the Supreme Court shall automatically become the duly designated Special and 
Independent Prosecutor. 
(d) The Special and Independent Prosecutor shall take his oath of office before 
the Chief Justice of the Supreme Court and shall serve for a term of five (5) 
years. 
SEC. 6. Powers and Duties of the Independent Prosecutor. - (a) The 
Independent Special Prosecutor shall have adequate authority to fully investigate 
and prosecute the subject matter with respect to which he was appointed, and all 
matters related thereto. Such jurisdiction shall also include the authority to 
investigate and prosecute crimes punishable by at least six (6) years 
imprisonment, irrespective of fines. 
(b) Notwithstanding any other provision of law to the contrary, an Independent 
Special Prosecutor appOinted under this Act shall have, with respect to all 
matters for which he was appointed, full power and independent authority to 
exercise all investigative and prosecutorial functions and powers of the 
Department of Justice and the Office of the Ombudsman. Such investigative and 
prosecutorial functions and powers shall include the following: 


(1) conduct fact-finding and investigations; 
(2) issue subpoenas to compel the attendance of witnesses, parties, 
documents and other evidences deemed pertinent to the case; 
(3) participate in court proceedings and engage in any litigation, including 
civil and criminal matters, that such Special and Independent Prosecutor 
considers necessary; 
(4) appeal any decision of a court in any case or proceeding in which such 
Special and Independent Prosecutor participates in an official capacity; 
(5) review all evidence available from any source; 
(6) determine whether to contest the assertion of any testimonial privilege; 
(7) receive appropriate national security clearances and, if necessary, 
contest in court any claim of privilege or attempt to withhold evidence on 
grounds of national security; and 
(8) initiate and conduct prosecutions in any court of competent jurisdiction, 
including the framing and signing indictments, filing the appropriate 
information, and handling all aspects of any case, in the name of the 
People of the Philippines; Provided, however, that the Special and 
Independent Prosecutor shall have no authority to plea bargain and grant 
immunity in favor of any of the parties involved in the case to which he is 
appointed; and, 
(9) exercising such other powers which· are inherent to the foregoing 
duties and powers to enable it to accomplish its mandate as provided in 
this Act. 
(c) The, Special and Independent Prosecutor shall have the authority to 
promulgate its own rules to govern its internal administration, hire such number 
of officials and personnel as it may deem necessary and appropriate, and incur 
such expenses that are needed for its effective and efficient operations. 
(d) He shall conduct any investigation and prosecution in a prompt, responsible, 
and cost-effective manner. 
(e) An independent prosecutor appointed under this chapter shall receive the 
same compensation and emoluments as that being received by the Special 
Prosecutor of the Ombudsman. 
SEC. 
7. 
Special Privileges of the 
Special and Independent 
Prosecutor. - Once the Special and Independent Prosecutor has assumed 
office, it shall have the following special privileges in relation to the exercise of its 
mandate, powers and duties: 
(a) No temporary restraining order or any preliminary injunctions shall be 
issued by any court, except the Supreme Court, against the Special and 
Independent Prosecutor. 
(b) The Office of the Special and Independent Prosecutor shall enjoy fiscal 
independence and autonomy. 


(c) The Special and Independent Prosecutor shall be immune from suit for 
the duration of his term and for a period two (2) years after he has relinquished 
such post. Any suit filed thereafter against the Special and Independent 
Prosecutor for acts done in his official capacity as such shall be defended at the 
expense of the funds allocated for the Office of the Special and Independent 
Prosecutor. 
(d) Any court before which the Special and Independent Prosecutor files 
case in pursuant to its mandate in this act shall not refuse a request of the 
Special and Independent Prosecutor to have speedy and/or continuous trials. 
(e) In the event that the SpeCial and Independent Prosecutor obtains such 
evidence' in the course of its investigations that will constitute basis for the filing 
of an impeachment case against any impeachable official, he shall immediately 
cause the filing of the same bef9re the House of Representatives of the 
Congress of the Philippines. 
SEC. 8. Suspension of Other Investigations and Proceedings-
Whenever a matter is in the prosecutorial jurisdiction of the Special and 
Independent Prosecutor, the Department of Justice and/or the Ombudsman shall 
suspend all their investigations and proceedings, pending or otherwise, regarding 
such matter. 
SEC. 9. Removal of the Special and Independent Prosecutor - An 
independent prosecutor appointed under this Act may be removed from office 
only for good cause, physical or mental disability or any other condition that 
substantially impairs the performance of such Special and Independent 
Prosecutor's duties, which cause and causes shall be determined by a joint 
resolution of Congress. 
SEC. 10. Vacancy - If a vacancy in office arises by reason of the 
resignation, death, or removal of the Special and Independent Prosecutor, the 
Congress shall appoint, through a joint resolution, an independent prosecutor 
from the list of remaining names nominated by the Supreme Court, to complete 
the work of the Special and Independent Prosecutor whose resignation, death, or 
removal caused the vacancy; Provided, that if Congress does not act, on the 
resolution of the Supreme Court within a period of fifteen (15) days from receipt 
of such, regardless of whether or not Congress is in session, the first name on 
the list of nominees submitted by the Supreme Court shall automatically become 
the duly designated Special and Independent Prosecutor; Provided further, that 
the Special and Independent Prosecutor appointed under the circumstances 
provided for in this section shall automatically serve for a term of five (5) years. 
SEC. 
11. 
Standards 
of Conduct Applicable 
to 
Independent 
Prosecutor and Persons Serving in the Office of an Independent 
Prosecutor - (a) The Special and Independent Prosecutor and the other officials 
serving therein shall be subject to the following standards of conduct: 
(1) During the period in which the Special and Independent Prosecutor is 
serving 'under this Act, any law firm or corporation, wherein the Special and 
Independent Prosecutor and/or any of the other officials in this Act were 
previously affiliated with, may not represent in any capacity any person involved 
in any investigation or prosecution under this Act. 
(2) The Special and Independent Prosecutor and any official serving 
therein shall not be allowed to represent any person, in any matter and capacity,~ 
if such person was the subject or involved in an investigation or prosecution 


under this Act, for a period of not more than five (5) years following the 
termination of its functions as such under this Act. 
SEC. 12. Required Reports.-
(a) The Special and Independent 
Prosecutor shall file with the Congress of the Philippines and with the Supreme 
Court a report of its performance and operations every six (6) months of its five 
(5) year term of office. 
(b) Upon termination of the Special and Independent Prosecutor's office, 
he or she shall file a final report with the Congress of the Philippines and with the 
Supreme Court, a summary of his/her accomplishments and recommendations 
on how public trust and accountability will be strengthened. 
(c) The final report stated in subsection (b) hereof shall be published in the 
Official Gazette or at least two (2) newspaper of general circulation. 
SEC. 13. Appropriations- The Office of the Special and Independent 
Prosecutor shall be entitled to a budget of not less than One Billion Pesos 
(P1,000,000,000.00) annually and this shall be automatically released by the 
Department of Budget and Management within a period of twenty (20) days from 
assumption of office and every year thereafter. 
SEC. 14. Penalty Clauses. - Any person who violates the provisions of 
this Act shall be liable for a penalty of imprisonment for a period not less than 
twelve (12) years and a fine of ranging from Five Hundred Thousand Pesos 
(P500,000.00) up to Two Million Pesos (P2,000,000.00); Provided that, in case 
the Secretary of the Department of Budget and Management fails to comply with 
Section 13 of this Act, he/she shall automatically be removed from office in 
addition to being subject to the penalties prescribed herein. 
SEC. 15. Repealing Clause. - All existing laws, decrees, executive 
orders, rUles and regulations, or parts thereof which are inconsistent with or 
contrary to the provisions of this Act are hereby repealed or modified accordingly. 
·SEC. 16. Separability Clause. - If any part or proVision of this Act is held 
unconstitutional or invalid, other parts or provisions thereof which are not 
affected, shall continue to remain in full force and effect. 
SEC. 17. Effectivity. - This Act shall take effect immediately following 
completion of its publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved,