FIFTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
} 
First Regular Session 
} 
, 
8ENAI!; 
8.B. NO, 
~l74 
~~f't 
~ ;'," 
S';,~ .,f~1 c ~~: 
,"' :'!'l\'!CE!1JED !IN: =@:--~~ 
Introduced by Senator Francis N, Pangilinan . 
EXPLANATORY NOTE 
Section 1 of Article XI of the Constitution provides that "Public office is a public 
trust. Public Officer and employees must at all times be accountable to the people, 
serve them with utmost responsibility, integrity, loyalty and efficiency, act with 
patriotism and lead modest lives." Pursuant thereto, the fundamental law of the land 
gives the Office of the Ombudsman the calling and badge to protect the people from 
the abuse and misuse of government power for personal aggrandizement. 
Accordingly, Republic Act No. 6770, "therwise known as the Ombudsman Act of 
1989, was enacted on November 17, 1989. 
Further, to give meaning to the above-stated constitutional appellation, the Office 
of the Ombudsman is charged with five major functions, to wit: Public Assistance, 
Graft Prevention, Investigation, Prosecution and Administrative Adjudication. 
However, despite the foregoing command, graft and corruption in the 
government continue to escalate, While the Office is being overwhelmed with 
complaints of corruption against government officials, including high ranking officers, 
nevertheless, resolutions of the cases seem to be delayed needlessly, This is not to 
put the blame on the lackluster performance of the lawyers in the Office of the 
Ombudsman. The number of lawyers in the Office is considerably insignificant vis-a-
vis the number of cases pending before the institution. This is not to mention the 
saddle of having to contend with the fancied, prominent and high caliber lawyers the 
accused hire to handle their cases, 
The mandate of the Ombudsman is to serve as protector of the people and 
promoter of integrity and efficiency and high ethical standards in public service 
through prompt investigation of complaints and aggressive prosecution of cases filed 
against erring officials and employees. Therefore, there is a need to equip the Office 
with additional lawyers to handle the numerous complaints it is lodged with and 
enforce the appropriate administrative, civil and criminal liability in accordance with its 
mandate. Sadly however, the budget constraint of the government renders improbable 
the increasing' of appropriations to cover the ideal number of lawyers to handle the 
cases pending before the Office. Thus, this bill aims to authorize the Ombudsman to 
hire private lawyers to assist the Office of the Ombudsman in handling the cases 
before it. Unless the shortage of lawyers in the Office of the Ombudsman is resolved, 
aversion of corruption in the government and efficiency in the government service will 
be highly improbable, 
Hence, the passage of the bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
} 
First Regular Session 
} 
SENATE 
S.B. NO. 
2174 
AN ACT 
• 
Introduced by Senator Francis N. Pangilinan ,.. 
t: 
' , FrED/fiP IY~ 
~ . 
AMENDING SECTION 31 OF REPUBLIC ACT NO. 6770, OTHERWISE KNOWN AS THE 
"OMBUDSMAN ACT OF 1989", AS AMENDED ALLOWING PRIVATE LAWYERS TO ACT AS 
PROSECUTORS ON BEHALF OF THE OMBUDSMAN 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:. 
SECTION 1. Section 31 of Republic Act No. 6770 is hereby further amended to read as follows: 
2 
"SEC, 31, Designation of Investigators and Prosecutors. - The Ombudsman 
3 
may utilize the personnel of his office andlor designate or deputize any fiscal, state 
4 
prosecutor or lawyer in the government services to act as special investigator or 
5 
prosecutor to assist in the investigation and prosecution of certain cases. THE 
6 
OMBUDSMAN MAY ALSO DESIGNATE PRIVATE LAWYERS TO ACT AS 
7 
INVESTIGATORS AND/OR PROSECUTORS TO ASSIST IN THE PROSECUTION OF 
8 
CASES DECIDED HEREUNDER. Those designated and deputized to assist him herein 
9 
provided shall be under his supervision and control. 
10 
The Ombudsman and his investigators and prosecutors, whether regular 
11 
members of his staff or designated by him as herein provided, shall have authority to 
12 
administer oaths, to issue subpoena and subpoena duces tecum, to summon and compel 
13 
witnesses to appear and testify under oath before them andlor bring books, documents 
14 
and other things under their control, and to secure the attendance or presence of any 
15 
absent or recalcitrant witnesses through application before the Sandiganbayan or before 
16 
any inferior court having jurisdiction of the place where the witnesses or evidence is 
17 
found. 


1 
"THE OMBUDSMAN MAY DESIGNATE PRIVATE LAWYERS 
2 
TO ASSIST HIM IN THE PROSECUTION OF CASES IN THE FOLLOWING INSTANCES: 
3 
4 
5 
6 
7 
8 
9 
10 
(A) 
CASES INVOLVING FORMER PRESIDENTS OF THE PHILIPPINES, 
FORMER VICE PRESIDENTS OF THE PHILIPPINES, INCUMBENT AND 
FORMER MEMBERS OF THE CABINET AND INCUMBENT AND 
FORMER UNDERSECRETARIES APPOINTED IN THE EXECUTIVE 
BRANCH; 
(B) 
CASES REQUIRING SPECIALIZED AND EXPERT KNOWLEDGE AND 
TRAINING OF THE LAW; 
(C) 
CASES WHERE THE PRIVATE LAWYER DEPUTIZED BY THE 
11 
OMBUDSMAN IS ALSO THE COMPLAINANT IN THE FILING OF THE 
12 
ORIGINAL COMPLAINT LODGED WITH THE OMBUDSMAN. WHERE 
13 
THE COMPLAINANT IS NOT A LAWYER, THE OMBUDSMAN MAY 
14 
ALSO DESIGNATE OR DEPUTIZE THE PRIVATE LAWYERIS HIRED 
15 
AND ENGAGED BY THE SAID COMPLAINANT. 
16 
SEC. 31·A. DEFINITION OF PRIVATE LAWYERS, • FOR PURPOSES OF 
17 
THIS ACT, THE TERM PRIVATE LAWYER SHALL MEAN OR BE UNDERSTOOD AS 
18 
FOLLOWS: 
19 
(A) 
(I) ANY 
PERSON 
LEARNED 
IN 
THE 
LAW AS 
AN 
20 
ATTORNEY, COUNSEL, OR A PERSON LICENSED TO 
21 
PRACTICE LAW 
22 
(II) 
ANY PERSON WHO PROSECUTES OR DEFEND CAUSES IN 
23 
COURTS OF RECORD OR OTHER JUDICIAL TRIBUNAL, 
24 
OR WHOSE BUSINESS IS TO GIVE LEGAL ADVICE 
25 
OR ASSISTANCE. IN RELATION TO ANY CAUSE OR 
26 
MATTER; OR 
27 
(III) 
ANY LAWYER WHO IS NOT EMPLOYED IN ANY 
28 
GOVERNMENT AGENCY AND NOT PAID OUT OF PUBLIC 
29 
FUNDS; AND 


• 
.3. 
(B) WITH AT LEAST FIVE (5) YEARS OF ACTIVE LITIGATION PRACTICE 
2 
OR EXPERIENCE. 
3 
"SEC. 31·B. NATURE OF SERVICES . • THE SERVICES RENDERED BY THE 
4 
PRIVATE LAWYERS UNDER AND PURSUANT TO THIS ACT SHALL BE PRO BONO 
5 
AND ON A PURELY VOLUNTARY BASIS EXCEPT THAT INCIDENTAL, NECESSARY 
6 
AND OUT·OF·POCKET EXPENSES SHALL BE CHARGED AGAINST THE ACCOUNT 
7 
OF THE OFFICE OF THE OMBUDSMAN. 
8 
"SEC. 31·C. PROHIBITION ON APPEARANCE. • PRIVATE LAWYER'S 
9 
pESIGNATED BY THE OMBUDSMAN UNDER AND PURSUANT TO THIS ACT AND 
10 
THE FIRMS TO WHICH THEY BELONG SHALL, IN CASES WHERE ACTUAL OR 
11 
POTENTIAL CONFLICT OF INTEREST ARISES, BE BARRED FROM APPERARING AS 
12 
COUNSEL OR AGENT OF THE OMBUDSMAN, AND FROM TRANSACTING BUSINESS 
13 
DIRECTLY OR INDIRECTLY WITH THE SAID OFFICE, WHILE THEY ARE DEPUTIZED 
14 
TO ASSIST THE OMBUDSMAN." 
15 
SEC. 2. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, 
16 
the remainder of this Act or any provisions not affected thereby shall remain in force and effect. 
17 
SEC. 3. Repealing Clause. - All laws, decrees, ordinances, rules and regulations, executive or 
18 
administrative orders, and other presidential issuance inconsistent with this Act, are hereby repealed, 
19 
amended or modified accordingly. 
20 
SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in at 
21 
least two (2) newspapers of general circulation. 
Approved,