SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
Second Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4733
EXPLANATORY NOTE

Article XI of the 1987 Constitution creates the Office of the Ombudsman and
mandates it to act promptly on complaints filed in any form or manner against public officials
or employees of the Government, or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations. As the champion of the people and
the preserver of the integrity of the public service, its jurisdiction encompasses all kinds of
malfeasance, misfeasance, and nonfeasance committed by any public officer or employee
during his/her tenure of office. Republic Act (RA) No. 6770, otherwise known as "The
Ombudsman Act of 1989", was enacted to enable the Office of the Ombudsman to function
and organize itself in accordance with the constitutional provisions and to exercise powers
for the effective deterrence of corrupt activities by public officials and employees.

It is unfortunate that, at present, the powers provided under R.A. No. 6770 to the
Office of the Ombudsman are not enough to efficiently combat corruption despite being the
primary anti-corruption agency of the Government. To address this deficiency, its
investigative and prosecutorial powers have to be broadened to enhance its ability to build
solid cases against erring public officials and employees.

It Is also significant to note that the efficient performance of the prosecutors and
investigators of the Office of the Ombudsman are being hampered by harassment suits filed
by persons subject of their investigation before the courts or other government agencies,
including the Integrated Bar of the Philippines. To obviate any harassment against said
prosecutors and investigators who are in the regular performance of their functions, they
should be given legal protection and immunity from suits for acts done in line with their
duties,

Hence, due to the difficulties being experienced by the Office of the Ombudsman in
the investigation and prosecution of crimes and offenses within its jurisdiction, there is a
need to grant additional investigative and prosecutorial powers to the Office of the
Ombudsman. These include the leeway to employ wiretapping in especially meritorious
cases, the power to issue subpoena and subpoena duces tecum to compel the compulsory
attendance of any witness or the production of evidence, the authority to inquire into bank
and non-bank accounts, records and transactions, and the power to punish for contempt. All
these powers will enable the Office of the Ombudsman to effectively and efficiently futfill its
constitutionally-mandated duty.


With the adoption of the proposed amendments to R.A. No. 6770, stronger anti-
corruption efforts could be exercised by the Office of the Ombudsman to effectively deter
corruption in the government for the benefit of the public interest. These additional powers
are being proposed in order to keep the Ombudsman from becoming a “toothless tiger” in
the fight against increasingly sophisticated and advanced criminals in the government's
ranks.

Considering all the foregoing, approval of this bill is earnestly sought

“i doey
RUFUS B. R UEZ
wax, occa.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No. 4733

AN ACT |
STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE OFFICE OF THE
OMBUDSMAN BY AMENDING CERTAIN PROVISIONS OF R.A. NO. 6770, OTHERWISE
KNOWN AS “THE OMBUDSMAN ACT OF 1989,” AND PROVIDING FUNDS THEREFOR

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

SECTION 1. Section 15 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 15. Powers, Functions and Duties. ~ The Office of the Ombudsman shall have the
following powers, functions and duties:

(4) investigate and prosecute on its own or on complaint by any person, any act _or
‘omission of any public officer or employee, office or agency, when such act or omission
appears to be illegal, unjust, improper or inefficient; [}t-has-primary_jurisdiction-over-cases
cognizable-by the Sandi and, in the-exercise of this primary jurisdiction, it may take

" investigatory-agency-of Governmentthe investigation-of such

(2) EXERCISE EXCLUSIVE JURISDICTION OVER CASES COGNIZABLE BY THE
SANDIGANBAYAN AND, PURSUANT TO SUCH EXCLUSIVE JURISDICTION, TAKE
OVER, AT ANY STAGE, FROM ANY INVESTIGATORY AGENCY OF GOVERNMENT,
THE INVESTIGATION OF SUCH CASES, IF, IN ITS DETERMINATION, PUBLIC
INTEREST WILL BE SERVED THEREBY;

[(2H@) Direct, upon complaint or at its own instance, any officer or employee of the
Government, or of any subdivision, agency or instrumentality thereof, as well as any
government-owned or controlled corporations [with original-charter], to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties;

[(3)] (4) Direct the [officer] concemed HEAD OF AGENCY OR OFFICIAL to take appropriate
action against a public officer or employee at fault or who neglects to perform an act or
discharge a duty required by law, and [recommend], FOR SUCH PURPOSE, ORDER SAID
HEAD OF AGENCY OR OFFICIAL TO IMPLEMENT AN ORDER FOR [his] THE SAID
PUBLIC OFFICER OR EMPLOYEE'S removal, suspension, demotion, fine, censure, or
prosecution [and-ensure-compliance-therewith—or-enforce] IN LINE WITH its disciplinary
authority as provided in Section 21 of this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend, demote,
fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform
an act or discharge a duty required by law shall be a ground for disciplinary action against
said officer;


[43] (6) Direct the officer concerned, in any appropriate case, and subject to such limitations
as it may provide in its rules of procedure, to fumish it with copies of documents relating to
contracts or transactions entered into by his office involving the disbursement or use of
public funds or properties, and report any irregularity to the Commission on Audit for
appropriate action;

[()] (6) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents;

[(S)] (7) Publicize matters covered by its investigation of the matters mentioned in
paragraphs (1), [(3)-and] (3), (4), (5) AND (6) hereof, when circumstances so warrant and
with due prudence: Provided, That the Ombudsman under its rules and regulations may
determine what cases may not be made public: Provided, further, That any publicity issued
by the Ombudsman shall be balanced, fair and true;

{() (8) Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Govemment, and make recommendations for their elimination and the
observance of high standards of ethics and efficiency,

[(8)] (9) Administer oaths, issue subpoena and subpoena duces tecum [,] TO COMPEL
AND SECURE THE COMPULSORY ATTENDANCE OF ANY WITNESS OR THE
PRODUCTION OF EVIDENCE WHEREVER THE SAME MAY BE FOUND, and take
testimony AT ANY STAGE OF [in] any investigation or inquiry, PROVIDED, THAT IN THE
COURSE OF SUCH INVESTIGATION OR INQUIRY, THE OMBUDSMAN SHALL HAVE
[including] the power to examine and have access to bank AND NON-BANK accounts,
records AND TRANSACTIONS, SUCH AS DEPOSITS, TRUSTS, INVESTMENTS, EVEN
PRIOR TO THE FILING OF A CASE BEFORE A COURT OF
COMPETENTJURISDICTION, NOTWITHSTANDING THE PROVISIONS OF REPUBLIC
ACT NO. 1405, AS AMENDED; REPUBLIC ACT NO. 6426, AS AMENDED; REPUBLIC
ACT NO. 8791 AND REPUBLIC ACT NO. 9160, AS AMENDED, AND OTHER LAWS;

(10) ENTER, VISIT, INSPECT, OR IF CIRCUMSTANCES REQUIRE, BREAK INTO, ANY
GOVERNMENT OFFICE OR ANY PUBLIC PREMISES, STRUCTURE OR
ESTABLISHMENT, IN THE LAWFUL COURSE OF AN ONGOING CRIMINAL OR
ADMINISTRATIVE INVESTIGATION, AND SEIZE ANY OBJECT OR ARTICLE FOUND
THEREIN WHICH MAY BE USED IN THE SAID INVESTIGATION, OR DIRECT ANY
PUBLIC OFFICER TO DELIVER SUCH OBJECT OR ARTICLE, PURSUANT TO SUCH
RULES AND REGULATIONS THAT THE OMBUDSMAN MUST PROMULGATE TO
GOVERN THE EXERCISE OF THE FOREGOING POWER;

[(9)] (11) Punish for contempt in accordance with {the-Rules-of Court] ITS OWN RULES and
| with the [same] penalties provided [therein] UNDER SECTION
36 OF THIS ACT.

[(49)] (12) Delegate to the Deputies, or its investigators or representatives such authority or
duty as shall ensure the effective exercise or performance of the powers, functions, and
duties herein or hereinafter provided;

[44] (13) Investigate and initiate the proper action for the recovery of ilkgotten and/or
unexplained wealth amassed after February 25, 1986 and the prosecution of the parties
involved therein. IN THE FILING AND PROSECUTION OF SUCH ACTIONS, THE
REPUBLIC OF THE PHILIPPINES SHALL BE EXEMPT FROM THE FILING OF ANY
BOND OR THE PAYMENT OF ANY FEES AND CHARGES. PROPERTIES LIQUIDATED
OR SOLD BY THE GOVERNMENT, AND THOSE RECOVERED, FORFEITED,


SURRENDERED AND TRANSFERRED TO THE GOVERNMENT, SHALL BE EXEMPT
FROM THE PAYMENT OF ANY NATIONAL OR LOCAL TAXES.

SECTION 2. Insert new paragraphs (15), (16) and (17) to Section 15 of R.A. No. 6770 to
read as follows:

15) REPRESENT ITSELF, THE REPUBLIC OF THE PHILIPPINES, OR THE PEOPLE OF
THE PHILIPPINES IN ANY JUDICIAL, ADMINISTRATIVE, CIVIL_OR OFFICIAL

PROCEEDING INVOLVING CASES WITHIN ITS JURISDICTION BEFORE ANY COURT.
TRIBUNAL, AGENCY, OR OFFICE WITHOUT NEED OF PRIOR_CLEARANCE,
AUTHORITY OR DEPUTATION FROM ANY OTHER OFFICE OR AGENCY, INCLUDING
THE OFFICE OF THE SOLICITOR GENERAL;

16) DEPUTIZE PRIVATE LAWYERS TO ACT AS INVESTIGATORS OR PROSECUTORS
TO ACT UNDER THE DIRECT CONTROL AND SUPERVISION OF THE OMBUDSMAN IN
CASES BEING HANDLED BY THE OFFICE, WHEN SPECIAL AND MERITORIOUS
CIRCUMSTANCES SO WARRANT, SUBJECT TO SUCH RULES AND REGULATIONS,
INCLUDING PROVISIONS __FOR REASONABLE __ COMPENSATION __AND
REIMBURSEMENT FOR REASONABLE EXPENSES, AS THE OMBUDSMAN WILL
PROMULGATE; AND

17) EATE ID ADMINISTER ITS __OWN__WITNE: PROTECTION ID
WHISTLEBLOWING PROGRAMS AND, FOR SUCH PURPOSES, MAI INTAIN ITS OWN
INTELLIGENCE ENFORCEMENT OR PROTECTIVE SERVICES UNIT FOR THE
PROTECTION OF ITS WITNESSES AND WHISTLEBLOWERS.

The Ombudsman shall give priority to complaints filed against high ranking government
officials and/or those occupying supervisory positions, complaints involving grave offenses
as well as complaints involving large sums of money and/or properties.

SECTION 3. Section 17 of R.A. No. 6770 is hereby amended to read as follows:

“SEC 17. Immunities. — xx x

Under such terms and conditions as it may determine, [taking-into-account the-pertinent
provisions-of the-Rules-of-Gourt] the Ombudsman may grant immunity from criminal
prosecution to any person whose testimony or whose possession and production of
documents or other evidence may be necessary to determine the truth In any hearing,
inquiry or proceeding being conducted by the Ombudsman or under its authority, in the
performance or in the furtherance of its constitutional functions and statutory objectives. The
immunity granted under this and the immediately preceding paragraph shalll not exempt the
witness from criminal prosecution for perjury or false testimony nor shall he be exempt from
demotion or removal from office.

‘Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to
punishment for contempt and removal of the immunity from criminal prosecution.

SECTION 4. Section 25 of R.A. No. 6770 is hereby amended to read as follows:
“SEC. 25. Penalties —
(1) In administrative proceedings under [f iM EXECUTIVE ORDER

[Presidential Decree-No—807]
NO, 292, THE OFFENSES DEFINED AND the penalties [and-rules] provided therein shall
be applied.


(2) In other administrative proceedings, the penalty ranging from suspension without pay for
one (1) year to dismissal with forfeiture of benefits or a fine ranging from Five Thousand
Pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the
discretion of the Ombudsman, taking into consideration circumstances that mitigate or
aggravate the liability of the officer or employee found guilty of the complaint or charges.

THESE PENALTIES MAY BE IMPLEMENTED ANYTIME NOTWITHSTANDING THE
PROVISIONS OF BATAS PAMBANSA BLG. 881, OR THE OMNIBUS ELECTION CODE.”

SECTION 5. Section 27 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 27. Effectivity and Finallty of Decisions. — (1) All provisionary orders of the Office of
the Ombudsman are immediately effective and executory.

A motion for reconsideration of any order, directive or decision of the Office of the
Ombudsman must be filed within five (5) days after receipt of written notice and shall be
entertained only on any of the following grounds:

(1) New evidence has been discovered which materially affects the order, directive or
decision;

(2) Errors of law or irregularities have been committed prejudicial to the interest of

the movant. [The-motion-for-reconsideration-shall-be-resolved-within-three-(3)-days
from—tiling—Provided—that] ONLY one motion for reconsideration shall be
entertained,

Findings of fact by the Office of the Ombudsman when supported by substantial evidence
are conclusive. Any order, directive or decision imposing the penalty of public censure or
reprimand, suspension of not more than one (1) MONTH AND FINE OF NOT MORE THAN
ONE (1) MONTH'S SALARY shall be final and unappealable

In all administrative disciplinary cases, orders, directives, or decisions of the Office of the
Ombudsman may be appealed to the COURT OF APPEALS ON A VERIFIED PETITION
FOR REVIEW UNDER RULE 43 OF THE RULES OF COURT. AN APPEAL SHALL NOT
STOP THE DECISION FROM BEING EXECUTORY.

The above rules may be amended or modified by the Office of the Ombudsman as the
interest of justice may require.”

SECTION 6. Insert a new Section 31-A to R.A. No. 6770 to read as follows:

SEC. 34 IMMUNITY FROM SUIT OF OMBUDSMAN INVESTIGATORS AND
PROSECUTORS. — OMBUDSMAN INVESTIGATORS AND PROSECUTORS, INCLUDING
THOSE DEPUTIZED BY THE OMBUDSMAN PURSUANT TO SECTION 31 HEREOF,
SHALL BE IMMUNE FROM CRIMINAL, ADMINISTRATIVE OR CIVIL SUITS ARISING
FROM THEIR MANDATE AND THE REGULAR EXERCISE OF THEIR OFFICIAL
EUNCTIONS.

SECTION 7. Section 32, paragraph(3) of RA. No.6770is hereby amended to read as
follows.

“SEC. 32. Rights and Duties of Witness. —
XXX


(3) If a person refuses to respond to the Ombudsman’s or his Deputy’s subpoena, or refuses
tobe examined, or engages in obstructive conduct, the Ombudsman or his Deputy shall
issue an order directing the person to appear before him to show cause why he should not

be punished for contempt. [Fhe-contempt proceedings-shall-be-conducted. pursuant to the
provisions-of the Rules-of Court"

SECTION 8. Section 36 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 36. Penalties for Obstruction. - Any person who wilifully obstructs or hinders the
proper exercise of the functions of the Office of the Ombudsman, or who willfully misleads or
attempts to mislead the Ombudsman, his Deputies, and the Special Prosecutor in replying to
their inquiries shall be punished by a fine of not exceeding Five thousand pesos (P5,000.00).

ANY PERSON GUILTY OF MISBEHAVIOR IN THE PRESENCE OF OR SO NEAR AN
OFFICER OF THE OFFICE OF THE OMBUDSMAN AS TO OBSTRUCT OR INTERRUPT
THE PROCEEDINGS BEFORE THE SAME, INCLUDING DISRESPECT TOWARD THE
HEARING OFFICER, OF} ISIVE PERSONALITIES TOWAI ITHERS, OR REFUSAL
TO BE SWORN OR TO ANSWER AS A WITNESS, OR TO SUBSCRIBE AN AFFIDAVIT

OR DEPOSITION WHEN LAWFULLY IUIRED TO DO SO, MA’ RILY
ADJUDGED IN CONTEMPT BY SUCH HEARING OFFICER, SUBJECT TO THE
APPROVAL OF THE OMBUDSMAN, AND PUNISHED BY A FINE NOT EXCEEDING FIVE
'HOUSAND PESOS (P5,000.00) OR IMPRISONMENT NOT EXCEEDING TEN (10) DAYS

WITHOUT PREJUDICE TO THE FILING OF A CRIMINAL CASE UNDER PRESIDENTIAL
DECREE NO. 1829.

ANY IMPROPER CONDUCT TENDING, DIRECTLY _OR_INDIRECTLY, TO IMPEDE,

OBSTRUCT, OR DEGRADE THE ADMINISTRATION OF JUSTICE, OR ANY
INVESTIGATION BEING CONDUCTED BY THE OFFICE OF THE OMBUDSMAN SHALL
CONSTITUTE AS INDIRECT CONTEMPT, AND SHALL, AFTER NOTICE AND HEARING,

BE PUNISHED WITH THE SAME PENALTIES AS DIRECT CONTEMPT.

TO ENFORCE THE PROVISIONS OF THIS SECTION, THE OFFICE OF THE
OMBUDSMAN MAY, IF NECESSARY, REQUEST THE ASSISTANCE OF ANY LAW
ENFORCEMENT OFFICE OR DEPUTIZE ANY LAW ENFORCEMENT OFFICER TO
ASSIST IN THE EXECUTION OF ANY ORDER ISSUED FOR SAID PURPOSE.”

SECTION 9. Insert a new Section 36-A to R.A. No. 6770 to read as follows:

Sec. 36-A. filegal_Dis: of information, = BE UNLAWFUL FOR AN’
PERSON WHO RECEIVES A_SUBPOENA, OTHER ORDERS, OR REQUESTS FOR

INFORMATION FROM THE OFFICE OF THE OMBUDSMAN PURSUANT TO THE
EXERCISE OF THE LATTER’S POWERS UNDER SECTION 15 HEREOF TO DISCLOSE
TO ANY PERSON ANY INFORMATION CONCERNING SAID ORDERS OR REQUESTS,
AND THE PROCEEDINGS RELATING THERETO. ANY VIOLATION OF THIS SECTION
WILL_SUBJECT THE OFFENDER TO IMPRISONMENT RANGING FROM SIX_(8)
MONTHS AND ONE (1) DAY TO THREE (3) YEARS, AND A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN FIVE HUNDRED
THOUSAND PESOS (P500,000.00).

SECTION 10. Rules and Regulations. - The Ombudsman shall issue, within ninety (90) days
after the approval of this Act, the necessary rules and regulation relating to the
administrative aspects of the provisions of this Act



SECTION 11. Separability Clause. — If for any reason, any section or provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof which are
not affected thereby shall continue to be in full force and effect.

SECTION 12. Repealing Clause. — All laws, decrees, orders or rules and regulations, and
other issuances which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 13. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in two (2) national newspapers of general circulation.

Approved,