Republic of the Philippines

HOUSE OF REPRESENTATIVES

CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No.8955_

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

This bill seeks to ensure that the Ombudsman in the exercise of his mandate
as the protector of the people is properly guided by the principles of due process as
enshrined by the Constitution.

The argument that since preventive suspension is not penal in nature and,
therefore, notice and hearing is dispensable should not be acceptable.

Preventive suspension entails curtailment of one’s profession which will result
negatively, to the least, on his social and financial aspects of life and with a great
blow on one’s morale. Therefore, extreme caution must be observed prior the
imposition. As a safeguard thereof, one must be given a mandatory ‘opportunity to
defend himself against the impending imposition of the same.

In line of the foregoing it is thus proposed to reduced the period of suspension
from six (6) months to three (3) months so as to promote the speedy resolution of the
investigation being conducted against the person subject of the same. On the part of
the respondent, the shortened period of suspension will be less prejudicial.
Furthermore, in consonance with the principle of equity, in the event of acquittal it is
but rightful to retum what respondent should have received were it not for the
imposition of preventive suspension;

In view thereof, early consideration and approval of this bill is earnestly
sought.

REYNALDO V. UMALI
Representative
Second District, Province of Oriental Mindoro ~



Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

‘Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 3955.

Introduced by Honorable REYNALDO V. UMALI

AN ACT AMENDING SECTION 24 OF REPUBLIC ACT NO. 6770 OTHERWISE
KNOWN AS “THE OMBUDSMAN ACT OF 1989” TO ENSURE THAT THE
FUNDAMENTAL PRINCIPLES OF DUE PROCESS AND EQUITY ARE STRICLY
OBSERVED BY THE OMBUDSMAN IN RELATION TO THE IMPOSITION OF
PREVENTIVE SUSPENSION

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

SECTION 1. Section 24 of Republic Act 6770 is hereby amended to read as follows:

SECTION 24. PREVENTIVE SUSPENSION. - The Ombudsman and his
Deputy may preventively suspend any officer or employee under his authority
pending an investigation AFTER CONDUCTING A MANDATORY HEARING
WHICH WOULD DETERMINE WHETHER OR NOT THE PERSON SUBJECT OF
THE INVESTIGATION IS HIGHLY PROBABLE TO INFLUENCE, INTERFERE,
PREVENT OR DELAY THE INVESTIGATION;

In the event the person subject of the investigation preventively suspended,
the preventive suspension shall continue until the case is terminated by the Office of
the Ombudsman BUT NOT MORE THAN THREE (3) MONTHS, without pay,
excluding bonuses and other similar benefits, except when the delay in the
disposition of the case by the Office of the Ombudsman is due to the fault,
negligence or petition of the respondent, in which case the period of such delay shall
not be counted in computing the period of suspension herein provided. HOWEVER,
IN CASE OF ACQUITTAL, THE ACCUSED SHALL BE ENTITLED TO THE
SALARY THAT HE SHOULD RECEIVED DURING THE PERIOD OF HIS
PREVENTIVE SUSPENSION;

SECTION 2. Repealing Clause. — All laws, presidential decress, executive orders,
proclamations and/or administrative regulations which are inconsistent with the
provision of this Act are hereby amended, modified, superseded or repealed
accordingly.


SECTION 3. Effectivity Clause. — This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette or in at least two (2) newspaper of general
circulation.

Approved.