THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
SECOND REGULAR SESSION 
) 
S E N A T E  
2 
Senate Bill No. __ 
Introduced By Senator Francis N. Pangilinan 
EXP LAN AT0 RY 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 
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. 
Constitutional principle that public office is a public trust cannot be 
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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 peopie 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 trutd. In response to this call, this Bill provides for the appointment of 
an indepenhent counsel to conduct investigations of impeachable officials, the 
Executive F~amily, and Members of Congress. 
In furtherance of i t s  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 i s  an independent 
constitutional creation and the Supreme Court is a distinct and apolitical 
branch of government, the appointment of an independent counsel i s  best left 
to thpir 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 i s  granted additional powers and is mandated to comptete 
the investigation within sixty (60) days from his appointment. 
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In view of the current nationat situation and the urgency of resolving the 
issues sought to be addressed by this measure, immediate passage of this Bill is 
earnestly sought. 
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a 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
5 JUL -6 
AS):31 
/7 
Introduced by Senator Francis N. Pangilinan 
AN ACT 
PROVIDING FOR THE APPOINTMENT OF AN INDEPENDENT COUNSEL TO 
CONDUCT INVESTIGATIONS INVOLVING IMPEACHABLE OFFICIALS AND OTHER 
HIGH-RANKING GOVERNMENT OFFICIALS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Cong ess assembled: 
Sec. 1. Title. - This Act shall be known as the “Independent Counsel Act 
f 
of 2005.” 
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. Investigations by the 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 ( I O )  days from receipt thereof, whether grounds to 
investigate exist. 
The Office of the Ombudsman may also initiate such 
investigation motu propio. 
determine whether it may be: 
Upon evaluating the complaint, the Office of the Ombudsman shall 
a) 
dismissed outright for containing information that i s  not specific or 
i s  not from a credible source; 
referred to respondent for comment; or 
b) 
c) 
subjected to further investigation. 
If the Office of the Ombudsman is unable to make a determination within the 
specified period, the Ombudsman shall subject the complaint 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 investi2ation 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 
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the complaint. The independent counsel shall be separate and independent 
from the Department of Justice. 
(b) Contents 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 a 
resolution concurred in by a majority of i t s  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 
ertified copy of the application for the appointment of an independent 
E ounsel. If no application is made, the Office of the Ombudsman shall 
submit a report to that House stating the reasons why such application 
wa5 not made, addressing each matter with respect to which the 
congressional request was made. 
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 counsek, 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. 


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(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 against such individual 
pursuant to that investisation, 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: 
(i) Notify the independent counsel who conducted the 
investigation and the Office of the Ombudsman of any request for 
attorneys’ fees under this subsection. 
(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 or justification 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 lndependent 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 
regularlor special. He must have at least ten (IO) years of experience as fiscal, 
prosecutor, judge, investigator, hearing officer, or trial lawyer. 
Sec. 7. Powers and Functions 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 have the following powers: 
(1 ) Conduct fact-finding investigations; 
(2) Conduct and participate in any proceeding before the court and 
other investigative bodies; 
(3) 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 ud 
testificandum or subpoena duces tecum for the production of documents, 
(4) 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; 
(5) Request any government agency for assistance and information 
necessary for the discharge of his responsibilities, and to examine, if 
necessary, pertinent records and documents; 
books, records and other articles; 
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(6) Grant immunities to witnesses in accordance with Section 17 of the 
Ombudsman Act; 
(7) File applications for warrants, citations for contempt, and other 
court orders as may be necessary to carry out the investigation; 
(8) Contest any claim of privilege or attempt to withhold evidence on 
grounds of national security; 
(9) Request the Office of the Ombudsman to refer to him matters 
related to the independent counsel’s investigative jurisdiction; 
(1 0) 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; 
(11) 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 
(12) Perform such other acts as may be incidental to or necessary or 
appropriate to carry out the objectives of the investigation. 
to per diem and travel expenses as may be determined by the Supreme Court. 
(b) Compensation.- An independent counsel appointed shall be entitled 
(c) Reports by lndependent Counse[.- 
(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 i s  
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 


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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; 
and 
(b) The independent counsel files a final report under section 7 (c) (2); 
(c) The Supreme Court, either on i t s  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 That, an independent counsel shall complete his investigation 
not later than sixty (60) days after his appointment; Provided further, that a 
reasonable extension may be granted upon petition to the Supreme Court. 
Sec. 11. Suspension of Other Investigations 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. Separabflity 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. Effectivity. - This Act shall take effect fifteen (15) days 
following i t s  publication in one (1) national newspaper of general circulation. 
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Adopted, 
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