“JOUSE OF REPRESENTATIVES
RECEIVED
Republic of the Philippines “
HOUSE OF REPRESENTATIVES| ove 30 Jui 2018

Quezon City awe: Ye.
17" CONGRESS | ev: LIL Bia

First Regular Session REAISTRATION UNIT

HOUSE BILL NO. _432 BILLS AND INDEX SERVICE

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

It is hereby declared a policy of the State for all public officials and employees to be open
and transparent in all of their financial transactions and dealings.

This bill requires all public officials and employees, except those who serve in an honorary
capacity, to submit with the office of the Ombudsman a written permission or waiver in favor of the
Ombudsman to look into all deposits of whatever nature with banks or banking institutions, both
within and outside the Philippines, including investment bonds issued by the government of the
Philippines, its political subdivisions and instrumentalities.

This mechanism will enable the government to audit the finances of the civil servant and
will serve as a deterrent to graft and corruption.

Hence, immediate approval of this bill is earnestly sought.

‘LINA G, ESCUDERO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon C

17" CONGRESS
First Regular Session

HOUSE BILL NO. 432

Introduced by REP, EVELINA G.

;CUDERO

AN ACT

REQUIRING PUBLIC OFFICIALS AND EMPLOYEES TO SUBMIT A WRITTEN
PERMISSION OR WAIVER IN FAVOR OF THE OMBUDSMAN TO LOOK INTO ALL
DEPOSITS OF WHATEVER NATURE WITH BANKS OR BANKING INSTITUTIONS
BOTH WITHIN AND OUTSIDE THE PHILIPPINES INCLUDING INVESTMENT BONDS
ISSUED BY THE GOVERNMENT OF THE PHILIPPINES, ITS POLITICAL
SUBDIVISIONS AND INSTRUMENTALITIES AND PROVIDING PENALTIES
THEREFOR

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

SECTION 1. Declaration of Policy. It is hereby declared a policy of the State for all public
officials and employees to be open and transparent in all of their financial transactions and
dealings.

SEC. 2. Submission of Written Permission or Waiver. All public officials and employees,
except those who serve in an honorary capacity, shall submit with the office of the Ombudsman a
written permission or waiver in favor of the Ombudsman to look into all deposits of whatever
nature with banks or banking institutions, both within and outside the Philippines, including
investment bonds issued by the government of the Philippines, its political subdivisions and
instrumentalities.

The aforestated written permission or waiver shall be submitted within thirty (30) days from
the date of their assumption of office; Provided, however, that public officials and employees who
are already exercising the functions of their respective offices upon the effectivity of this Act shall
submit the same not later than thirty (30) days from the effectivity of the Rules and Regulations
implementing the provisions of this Act

. Prohibition in Case of Failure or Refusal 10 Submit Written Permission or Waiver.
al or employee who fails or refuses to submit such written permission or waiver as
required by this Act shall not be allowed to enter upon, or continue exercising, the functions of her

SEC. 4. Limitation on Use. Only the Office of the Ombudsman may obtain or use the

written permission or waiver filed under this Act, or any other information or date obtained as a

result thereof; Provided, however, that the same shall be used exclusively for investigating a duly

signed and verified complaint and/or prosecuting a case before the Sandiganbayan; Provided
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further, that the Office of the Ombudsman or any other agency or instrumentality of the
Government or any person may not use the same for any purpose.

SEC. 5. Promulgation of Rules and Regulations. The Office of the Ombudsman shall have
the primary responsibility for the administration of this Act; Provided, however, that it shall enlist
the advice of the Department of Justice and the Banko Sentral ng Pilipinas in drafting the form of
the written permission or waiver as required by the provisions of this Act.

SEC. 6. Penalties.

(a) Any person who violates the provisions of Section 3 hereof shall be punished with a fine
not exceeding the equivalent of one (1) year salary or suspension not exceeding one (1) year, or
removal from office and, upon the discretion of a court of competent jurisdiction, disqualification
to hold public office.

(b)Any person who violates the provisions of Section 4 hereof shall be punished with
imprisonment of not exceeding six (6) years or a fine not exceeding One Hundred Thousand Pesos
(P 100,000.00) or both.

SEC. 7. Separability Clause. In the event any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in
force and in effect.

SEC. 8. Repealing Clause. The relevant provisions of Republic Act Nos. 1405, 3019, 6713
as well as all laws, decrees and orders or parts thereof inconsistent herewith are deemed repealed
or modified accordingly.

SEC. 9. Effectivity. This Act shall take effect 15 days after its complete publication in at
least two (2) newspapers of national circulation.

Approved,

vu