B.!.. 
THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
INTRODUCED BY THE HONORABLE MAR R O U S  
E X P L A N A T O R Y  N O T E  
This bill seeks to allow the Office of the Ombudsman to augment its rank of lawyers by 
allowing it to designate or deputize private lawyers to assist in the prosecution and investigation 
of cases pending before the Sundiganbuyan. Under RA 6770, also known as the Ombudsman 
Act of 1989, the Ombudsman may only designate or deputize fiscals, state prosecutors, and other 
government lawyers; hence, there is a need to introduce amendments to the said law to allow the 
Ombudsman to enlist the assistance of private attorneys. 
The Office of the Ombudsman has been mandated by the Constitution with immense 
responsibilities. As the “protector of the people,” it is the Ombudsman which has been granted 
the power to act on complaints filed in any form or manner against public officials and to 
investigate any act or omission when such act or omission appears to be illegal, unjust, improper, 
or inefficient. The Ombudsman Act makes perfectly clear that the jurisdiction of the 
Ombudsman encompasses all kinds of malfeasance, misfeasance, and nonfeasance that have 
been committed by any government officer or employee. 
Despite the immensity of the expectations and the burden placed on the Ombuds an and 
considering the enormity and responsibilities mandated by law, the Ombudsman doe3ave the 
necessary resources to accomplish its mandate. At present, it only has 32 full-time public 
prosecutors handling more than 2,000 cases pending with the Sandiganbayan and hundreds of 
cases more on appeal to the Supreme Court. Because of their heavy work load and meager 
resources, public prosecutors are always at a disadvantage when litigating before the anti-graft 
court. Corrupt public officials, more often than not, operate from a position of strength given 
their organizational and financial capability and ability to retain top-notch legal services. There 
is a need to neutralize this built-in advantage by allowing the Ombudsman to draw on the 
experience and expertise of private lawyers. 
? 
This measure will not entail any additional cost on the part of the government because the 
services rendered by private lawyers shall be on apvo bono basis. Only incidental and necessary 
expenses are to be paid by the Ombudsman. 
In view of the foregoing, the immediate ena 
Senator 
I 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
ALLOWING PRIVATE PROSECUTORS TO 
ASSIST THE OFFICE OF THE OMBUDSMAN IN THE INVESTIGATION AND 
PROSECUTION OF CASES, AMENDING FOR THE PURPOSE REPUBLIC ACT 
NO. 6770 OTHERWISE KNOWN AS THE “OMBUDSMAN ACT OF 1989” 
Be it enacted bv the Senate and the House ofReuresentatives in Congress assembled: 
q&. 1. Section 3 1 of Republic Act No. 6770 is hereby amended to read as follows: 
* Section 3 1. Designation of Investigators and Prosecutors. The Ombudsman may 
utilize the personnel of his office and or designate or deputize any fiscal, state 
prosecutor or lawyer in the government service OR ANY PRIVATE LAWYER to 
act as special investigator or prosecutor to assist in the investigation and 
prosecution of cases. Those designated and deputized by him herein shall be 
under his supervision and control. 
The Ombudsman and his investigators and prosecutors, whether regular members 
of his staff or designated by him as herein provided, shall have the authority to 
administer oaths, to issues subpoena and subpoena duces tecum, to summon and 
compel witnesses to appear and testify under oath before them and/or bring 
books, documents and other things under their control, and to secure the 
attendance or presence of any absent or recalcitrant witness through application 
before the Sandiganbayan or before any inferior or superior court having 
jurisdiction of the place where the witness or evidence is found. 
SECTION 31-A. PRIVATE LAWYERS. FOR PURPOSES OF THIS ACT, THE 
TERM PRIVATE LAWYER SHALL MEAN OR BE UNDERSTOOD AS 
FOLLOWS: 
(1) ANY PERSON LEARNED IN THE LAW AS AN ATTORNEY, 
COUNSEL, OR A PERSON LICENSED TO PRACTICE LAW, 
WHO HAS BEEN IN THE PRACTICE FOR AT LEAST FIVE (5) 
YEARS; 
(2)ANY LAWYER 
WHO 
IS 
NOT 
EMPLOYED 
IN 
ANY 
GOVERNMENT AGENCY AND WHO IS NOT PAID OUT OF 
PUBLIC FUNDS; 


SECTION 31-B. PRO BONO SERVICE. THE SERVICES RENDERED BY THE 
PRIVATE LAWYERS UNDER AND PURSUANT TO THIS ACT SHALL BE 
PRO BONO AND THEY SHALL NOT RECEIVE ANY FORM OF 
REPRESENTATION EXPENSES WHICH SHALL BE FOR THE ACCOUNT 
OF THE OMBUDSMAN. 
COMPENSATION EXCEPT FOR NECESSARY, INCIDENTAL, AND 
Section 2. Separability Clause. If any provision of this Act is declared invalid, the remainder of 
this Act or any provision not affected thereby shall remain in full force and effect. 
Section 3. Repealing Clause. All laws, decrees, ordinances, rules and regulations, executive or 
administrative orders, and other presidential issuances inconsistent with this Act, are hereby 
repealed or amended or modified accordingly. 
Section 4. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in 
at least two (2) newspapers of general circulation or the Official Gazette, whichever comes first. 
Approved, 
ljem04