FOURTEENTH CONGRESS OF 
OF THE PHILIPPINES 
First Regular Session 
THE REPUBLIC) 
n 
. 
S E N A T E  
Senate Bill NQ. 140 
Introduced bv Senator FRANCIS N. PANGILINAN 
EXPLANATORY NOTE 
In the wake of serious allegations of violations of the law and betrayal of 
public trust by no less than the President and other high-ranking officials of the 
government, we are obligated to revisit our laws on accountability and examine 
the adequacy of existing mechanisms to realize public accountability. 
The 
Constitutional principle that public office is a public trust cannot be 
overemphasized or taken for granted. Elective and appointive officials alike are 
answerable to the people from whom all power emanates and for whom 
Government exists. Integrity in public service is paramount. 
It is a sad reality, however, that our people have become increasingly 
cynical of the impartiality and efficacy of present constitutional and legal 
processes that were established as a means of implementing discipline among, 
and enforcing accountability by, public servants. The recurring sentiments of the 
Filipino people and endless chain of accusations of serious misdemeanors by 
past and present public officials call for a highly independent and impartial 
investigative mechanism with powers broad enough to facilitate the discovery of 
the truth. In response to this call, the Bill provides for the appointment of an 
independent counsel to conduct investigations of impeachable officials, the 
Executive Family, and Members of Congress. 
In furtherance of its power to investigate any serious misconduct in office 
allegedly committed by officials removable by impeachment under Section 22 of 
the Ombudsman Act and its authority to designate or deputize any fiscal, state 
prosecutor or lawyer in the government service to act as special investigator or 
prosecutor to assist in the investigation and prosecution of cases under Section 
31 of the same Act, the Office of the Ombudsman is granted the authority to 
request the appointment of an independent counsel by the Supreme Court. As 
the Office of the Ombudsman is an independent constitutional creation and the 
Supreme Court is a distinct and apolitical branch of government, the appointment 
of an independent counsel is best left to their discretion. This would safeguard 
the impartiality of the independent counsel and ensure the fulfillment of the 
purposes of the investigation. 
Such independent counsel shall have full power and independent authority 
to exercise all investigative functions and powers of the Department of Justice 
and the Office of the Ombudsman, subject to the supervision of the Office of the 
Ombudsman. To ensure an expeditious investigation, the independent counsel 
is granted additional powers and is mandated to complete the investigation within 
sixty (60) days from his appointment 


In view of the current national situation and the urgency of resolving the 
issues sough to be addressed by this measure, immediate passage of this Bill is 
earnestly sought. 
FRANC1 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
SENATE 
SENATE BILL No.? 
Introduced by SENATOR FRANCIS N. PANGILINAN 
v 
AN ACT 
PROVIDING FOR THE APPOINTMENT OF AN 
INDEPENDENT 
COUNSEL 
TO 
CONDUCT 
INVESTIGATIONS 
INVOLVING 
GOVERNMENT OFFJCJALS AND FOR OTHER PURPOSES 
IMPEACHABLE 
OFFICIALS 
AND 
OTHER 
HIGH-RANKING 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
SECTION 1. Ti&. - This Act shall be known as the "Independent Counsel Act of 
2007." 
SEC. 2. Declaration of Policy, - The State shall uphold integrity in the public 
service. Public officials must at all times be accountable to the people and obey the 
laws of the land. 
SEC. 3. lnvestigafion by fhe Ombudsman. - Upon receipt of a complaint under 
oath sufficient to constitute grounds for impeachment by the President, the Vice- 
President, the Members of the Supreme Court, and the Members of the Constitutional 
Commissions, and possible violation of law by Members of Congress and Members of 
the Cabinet, the Office of the Ombudsman shall determine, within ten (IO) days from 
receipt thereof, whether grounds to investigate exist. The Office of the Ombudsman 
may also initiate such investigation motu propio 
Upon evaluating the complaint, the Office of the Ombudsman shall determine 
whether it may be: 
a) 
dismissed outright for containing information that is not specific or is not 
from a credible source; 
b) 
referred to respondent for comment; or 
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c) 
subject to further investigation. 


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If the Office of the Ombudsman is unable to make determination within the 
specified period, the Ombudsman shall subject the complain to further investigation. 
SEC. 4. 
Conduct of Further Investigation and Appointment of Independent 
Counsel. - (a) Application for Appointment of an independent counsel. - Where the 
Office of the Ombudsman determines that reasonable grounds exist to warrant further 
investigation of a complaint under Section 3 hereof, the Office of the Ombudsman may 
apply to the Supreme Court en banc for the appointment of an independent counsel to 
assist in the investigation of the complaint. The independent counsel shall be separate 
and independent form the Department of Justice. 
(b) 
Content of the Application. - The application shall contain a list of at least 
three (3) nominees for independent counsel and include the proposed investigative 
jurisdiction of the independent counsel. The Supreme Court, however, shall not be 
precluded from appointing any person not nominated by the Office of the Ombudsman 
and limiting or expanding the investigative jurisdiction of the independent counsel. 
(c) 
Limitation on Judicial Review. - The determination of the Office of the 
Ombudsman to apply for the appointment of an independent counsel and the list of 
nominees submitted shall not be reviewable by any court. 
(d) 
Congressional Request. - (1) The 
Senate 
or the 
House of 
Representatives, through resolution concurred in by a majority of its Members, may 
request in writing that the Office of the Ombudsman apply for the appointment of an 
independent counsel. 
(2) 
Within ten (IO) days after the receipt of a request from either the Senate 
or the House of Representatives under paragraph (I), 
the Office of the Ombudsman 
shall furnish the House making the request a certified copy of the application for the 
appointment of an independent counsel. If no application is made, the Office of the 
ombudsman shall submit a report to that House stating the reason why such application 
was not made, addressing each matter with respect to which the congressional request 
was made. 
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SEC. 5. Duties of the Supreme Court. - The Supreme Court, sitting en banc, 
shall have the following duties: 
(a) 
Upon receipt of an application for the appointment of an independent 
counsel, the Supreme Court shall appoint a qualified independent counsel, with due 
consideration to the list of nominees submitted by the Office of the Ombudsman. 
(b) 
Upon appointment of an independent counsel, the Supreme Court shall 
define that independent counsel’s investigative jurisdiction and grant sufficient powers 
to enable the independent counsel to conduct a comprehensive investigation of the 
subject matter and all related matters. 
(c) 
After the Supreme Court has already defined the investigative jurisdiction 
of the independent counsel, the Supreme Court may expand the same only upon the 
request of the Office of the Ombudsman. Such expansion may, whenever proper, be in 
lieu of the appointment of another independent counsel. 
(d) 
If a vacancy in office arises by reason of the resignation, death, or removal 
of an independent counsel, the Supreme Court shall appoint an independent counsel to 
complete the work of the independent counsel whose resignation, death, or removal 
caused the vacancy. 
(e) 
Determine a reasonable compensation for the independent counsel, with 
due consideration to the period of time for completion of the investigation and the costs 
to the Government. 
(f) 
Upon the request of an individual who is the subject of an investigation 
conducted by an independent counsel pursuant to this Act, the Supreme Court may, if 
no indictment is brought again such individual pursuant to that investigation, award 
reimbursement for those reasonable attorneys’ fees incurred by that individual during 
that investigation which would not have been incurred but for the requirements of this 
Act. In determining the award of attorneys’ fees, the Supreme Court shall observe the 
following procedure. 
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(i) 
Notify the independent counsel who conducted the investigation 
and the Office of the Ombudsman of any request for attorneys' fees under this 
subjection. 
(ii) 
Direct such independent counsel and the Office of the 
Ombudsman to file a written evaluation of any request for attorneys' fees under 
this subsection, addressing the sufficiency of the documentation, the need of 
jurisdiction for the underlying item, whether the underlying item would have 
been incurred but for the requirements of this chapter, and the reasonableness 
of the amount of money requested. 
SEC. 6. Qualifications of an Independent Counsel. - An independent counsel 
shall be a natural-born citizen of the Philippines, of recognized competence, integrity, 
probity, dedication to duty, and independence of mind, a member of the Philippine Bar, 
and must not have been a candidate for any elective national or local office in the 
immediately preceding election whether regular or special. He must have at least ten 
( I O )  years of experience as fiscal, prosecutor, judge, investigator, hearing officer, or trial 
lawyer. 
SEC. Powers and Funcfions of an Independent Counsel. - (a) An independent 
counsel shall have full power and independent authority to exercise all investigative 
functions and powers of the Department of Justice and the Office of the Ombudsman, 
subject to the supervision of the Office of the Ombudsman. The Independent Counsel 
shall the following powers: 
(1) 
Conduct fact-finding investigations; 
(2) 
Conduct and participate in any proceeding before the court and other 
investigative bodies; 
Receive, review and evaluate the evidence adduced before him and for 
this purpose, summon witnesses, administer oaths, take testimony or 
receive evidence relevant to the investigation, and issue subpoena ad 
testificandum or subpoena duces tecum for the production of documents, 
books, records and other articles; 
(3) 
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Examine and have access to bank accounts and records relating to the 
subject matter of the investigation in accordance with Republic Act No. 
1405 or upon petition to the Supreme Court; 
Request any government agency for assistance and information 
necessary for the discharge of his responsibilities, and to examine, if 
necessary, pertinent records and documents; 
Grant immunities to witnesses in accordance with Section 17 of the 
Ombudsman Act; 
File applications for warrants, citations for contempt, and other court 
orders as may be necessary to carry out the investigation; 
Contest any claim or privilege or attempt to withhold evidence on grounds 
of national security; 
Request the Office of the Ombudsman to refer to him matters related to 
the independent counsel's investigative jurisdiction; 
Publicize matters covered by the investigation when circumstances so 
warrant and with due prudence: Provided, That the independent counsel 
and the Office of the Ombudsman may determine what may not be made 
public: Provided, further, That any publicity issued shall be balanced, fair 
and true; 
Appoint, fix the compensation, and assign the duties of additional 
employees as such independent counsel considers necessary, Provided 
that the compensation of such employees shall be the same as their 
counterparts in the civil service; and 
Perform such other acts as may be incidental to or necessary or 
appropriate to carry out the objectives of the investigation. 
Compensation. - An independent counsel appointed shall be entitled to 
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per diem and travel expenses as may be determined by the Supreme Court. 
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(c) 
Reports by Independent Counsel. - (1) Monthly Reports. -An independent 
counsel shall file with the Supreme Court and the Commission on Audit a monthly report 
of all expenses incurred during the relevant period. 
(2) Final Report. - Upon termination of office, the independent counsel 
shall submit a final report to the Supreme Court which shall state a complete 
description of the work done. The independent counsel shall furnish the 
Senate and the House of Representatives a copy of such report. 
(d) 
Records. - Upon termination of office, the independent counsel shall turn 
over all records pertaining to the investigation to the Office of the Ombudsman, 
identifying in particular those which have been classified as national security 
information. 
SEC. 8. 
Standards of Conduct. - 
An independent counsel, any person 
appointed by such independent counsel under Section 7 (a) (II), 
and any person 
associated with a firm with which such independent counsel is associated, may not 
represent any person involved in any matter within the investigative jurisdiction of the 
independent counsel during the term of office and within one (1) year after termination 
of office. 
SEC. 9. Removal of an independent counsel. - An independent counsel may 
only be removed from office by conviction. Where an independent counsel is removed 
from office, the Office of the Ombudsman shall promptly submit to the Supreme Court, 
the Senate and the House of Representatives a report specifying the facts found and 
the ultimate grounds for such removal. 
SEC. 10. Termination of Office. - An office of independent counsel shall 
terminate upon the occurrence of any of the following: 
(a) 
The independent counsel notifies the Office of the Ombudsman that the 
investigation of all matters within his investigative jurisdiction have been completed or 
so substantially completed that it would be appropriate for the Office of the Ombudsman 
to complete such investigations and prosecutions; 
(b) 
The independent counsel files a final report under section 7 (c) (2); 
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(c) 
The Supreme Court, either on its own motion or upon 'the request of the 
Office of the Ombudsman, terminates an office of independent counsel on the ground 
that the investigation of all matters within the investigative jurisdiction of such 
independent counsel have been completed or so substantially completed that it would 
be appropriate for the Office of the Ombudsman to complete such investigations and 
prosecutions; 
Provided Thaf, an independent counsel shall complete his investigation not later 
than sixty (60) days after his appointment: Provided furfher, that a reasonable extension 
may be granted upon petition to the Supreme Court. 
SEC. 11. Suspension of Other lnvesfigafions and Proceedings. - Whenever a 
matter is within the investigative jurisdiction of an independent counsel, all other 
investigations and proceedings regarding such matter shall be immediately suspended 
except an impeachment proceeding initiated by the House of Representatives. 
SEC. 12. Repealing Clause. - Republic Act No. 6770, Executive Order No. 292, 
as amended, Republic Act No. 1405, and all other provisions of laws, orders, decrees, 
including rules and regulations inconsistent herewith are hereby repealed and/or 
modified accordingly. 
SEC. 13. Separability Clause. - If any part or provision of this Act shall be held to 
be unconstitutional or invalid, other provisions hereof which are not affected thereby 
shall continue to be in full force and effect. 
SEC. 14. Effectivify. - This Act shall take effect fifteen (15) days following its 
publication in one (1) national newspaper of general circulation. 
Adopted., 
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