Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

643

House Bill No.

Introduced by CIBAC Party-List Representative
EDUARDO “BRO. EDDIE” C. VILLANUEVA

EXPLANATORY NOTE

The concept of the Ombudsman originated as a revolutionary
innovation in Sweden. It was established as a watchdog that policed the
government as a whole and had the power to decide and pursue the
prosecution of civil servants. Given its success, many countries have
adopted the Ombudsman model. It is, in fact, being credited by some of
the most developed countries or autonomous regions in the world as one
of the keys to their political success.

The Philippines, through the framers of the 1987 Constitution, has
also espoused the same model. Yet, while our Constitution recognizes the
importance of the Ombudsman, the upsetting reality is that this vital
institution has long been underfunded.

To address this problem, this bill seeks to provide additional funding
to the Office of the Ombudsman by giving it a 30% share of all properties
forfeited by the government pursuant to Republic Act No. 1379. As the
premier state anti-graft agency handling more than 10,000 cases a year,
it is a must that the Office of the Ombudsman has adequate sources of
funding, without relying so much on an already overstretched national
budget.


Forfeited properties (that is, recovered assets not in cash) may be
sold in public auction, with 30% still going to the Office of the Ombudsman
and the remaining 70% to the national treasury.

In the belief that corruption in the government will significantly be
reduced when the appropriate agencies, such as the Office of the
Ombudsman, are armed with the necessary means to perform their
respective mandates, this bill is being proposed.

Thus, the immediate passage of this bill is earnestly sought.

cc Jae.

EDUARDO “BRO. EDDIE” C. VILLANUEVA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

643
House Bill No.

Introduced by CIBAC Party-List Representative
EDUARDO “BRO. EDDIE” C. VILLANUEVA

AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379, OTHERWISE
KNOWN AS "AN ACT DECLARING FORFEITURE IN FAVOR OF THE
STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY
ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND
PROVIDING FOR THE PROCEEDINGS THEREFOR" AND FOR
OTHER PURPOSES

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

SECTION 1. Section 6 of Republic Act No. 1379 is hereby amended
to read as follows:

"Section 6. Judgment. If the respondent is unable to show to the
satisfaction of the court that he has lawfully acquired the
property in question, then the court shall declare such property,
forfeited in favor of the State, and by virtue of such judgment
the property aforesaid shall become property of the State:

Provided, That THIRTY PERCENT (30%) OF THE VALUE OF
SUCH PROPERTY FORFEITED IN A FINAL AND
EXECUTORY ORDER OF THE COURT SHALL BE
EARMARKED AS ADDITIONAL FUNDING IN FAVOR OF THE
OFFICE OF THE OMBUDSMAN; PROVIDED, FURTHER,
THAT IF THE PROPERTY IS NOT IN CASH, THE PROPERTY


SHALL BE SOLD AT A PUBLIC AUCTION AND THE
PROCEEDS THEREOF, AFTER DEDUCTING THE THIRTY
PERCENT (30%) SHARE OF THE OFFICE OF THE
OMBUDSMAN AS PROVIDED HEREIN, SHALL ACCRUE TO
THE GENERAL FUND. No judgment shall be rendered within
six months before any general election or within three months
before any special election. The Court may, in addition, refer
this case to the corresponding Executive Department for
administrative or criminal action, or both."

SEC. 2. Implementing Rules and Regulations. - Within sixty (60)
days from the implementation of this Act, the Office of the Ombudsman,
in consultation with relevant stakeholders and other concerned
government agencies, shall issue the rules and regulations for the
effective implementation of this Act.

SEC. 3. Separability Clause. - Any portion or provisions of this Act
that may be declared unconstitutional or invalid shall not have the effect
of nullifying other portions and provisions hereof as long as such
remaining portions or provisions can still subsist and be given effect in
their entirety.

SEC. 4. Repealing Clause. - All laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof
inconsistent herewith are hereby revoked, repealed or modified
accordingly.

SEC. 5. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) national papers of general
circulation.

Approved,