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HOUSE OF REPRESENTATIVES
Quezon City

REGISTRATION UNIT
Al IN SE
SEVENTEENTH conGRess L_BKLS AND INDEX SERVICE

First Regular Session

553

|
Republic of the Philippines |

HOUSE BILL NO.

Introduced by: REP. RAUL V. DEL MAR

EXPLANATORY NOTE

Section 1, Article XI of the 1987 Constitution provides that public office is a
public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives. Although these precepts are
laudable, the pervasiveness of graft and corruption remains a reality in Philippine
society.

The Office of the Ombudsman is tasked to investigate on its own or on
complaint by any person, any act or omission of any public official, employee, office
or agency, when such act or omission appears to be illegal, unjust, improper, or
inefficient. Though zealous the men and women of the Office of the Ombudsman,
themselves government officials and employees, are not spared from challenges
brought about by numerous harassment suits filed against them by disgruntled
litigants. Moreover, their personal safety and the safety of their family are at
constant risk due to the high-profile cases they are handling.

Furthermore, despite the enormity of their task of battling graft and
corruption, the salary of Ombudsman employee is still not comparable to that of
their counterparts in other government agencies and in other anti-graft and
corruption bodies in the Asia-Pacific Region.


With the enactment of this bill into law, it is believed that the enhancement of
the welfare of the country's graftbusters will strengthen the Office of the
Ombudsman as an institution in its fight against graft and corruption.

RAUL V. DEL MAR

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 553

Introduced by: REP. RAUL V. DEL MAR

AN ACT
TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN BY ENHANCING FISCAL
AUTONOMY, UPGRADING EMPLOYEE SKILLS, AND AUGMENTING COMPENSATION,
ALLOWANCES AND BENEFITS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
6770, OTHERWISE KNOWN AS THE OMBUDSMAN ACT OF 1989, AND
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. This Act shall be known as “Strengthening the Office
of the Ombudsman Act”.

SEC. 2. Declaration of Policy. The Philippines, as signatory to the United
Nations Convention Against Corruption, is obliged to implement anti-corruption
measures, through laws, institutions and practices, towards achieving national
development. As the primary anti-corruption agency of the government, the Office
of the Ombudsman is mandated to implement the provisions of the Convention.

It is hereby declared the policy of the State to strengthen the Office of the

Ombudsman by enhancing its fiscal autonomy, upgrading employee skills and


augmenting compensation, allowances, and benefits of its officials and employees in order to
attract and retain the best and the brightest in the Office of the Ombudsman as an anti-
corruption agency of the government for a successful investigation and prosecution of

corruption cases.

SEC. 3. Section 6 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 6. Rank and Salary. - The Ombudsman and his Deputies shall have
the same ranks, salaries and privileges as the Chairman and members,
respectively, of a Constitutional Commission. Their salaries shall not be
decreased during their term of office.

THE MEMBERS OF THE PROSECUTION, INVESTIGATION,
CORRUPTION PREVENTION AND TECHNICAL STAFF OF THE OFFICE OF THE
OMBUDSMAN, AS OF THE DATE OF EFFECTIVITY OF THIS ACT, SHALL RECEIVE
THE SAME SALARIES, ALLOWANCES, EMOLUMENTS AND OTHER PRIVILEGES,
INCLUDING THE SAME RETIREMENT AND OTHER BENEFITS, AS THOSE OF A
JUSTICE OR JUDGE OF A COMPARABLE LEVEL IN ACCORDANCE WITH THE

LEGAL,

FOLLOWING TABLE:

OMBUDSMAN POSITIONS

COMPARABLE POSITIONS IN
JUDICIARY

OMBUDSMAN

ASSOCIATE JUSTICE OF THE
SUPREME COURT

DEPUTY OMBUDSMAN, SPECIAL
PROSECUTOR

ASSOCIATE JUSTICE OF THE COURT
OF APPEALS

ASSISTANT OMBUDSMAN, DEPUTY
‘SPECIAL PROSECUTOR

REGIONAL TRIAL COURT JUDGE

MEMBERS OF THE PROSECUTION,
INVESTIGATION, LEGAL,
CORRUPTION PREVENTION AND

METROPOLITAN TRIAL COURT
JUDGE



TECHNICAL STAFF OF THE OFFICE OF
THE OMBUDSMAN WITH SALARY
GRADE 28

MEMBERS OF THE PROSECUTION, CITY TRIAL COURT JUDGE
INVESTIGATION, LEGAL,
CORRUPTION PREVENTION AND
TECHNICAL STAFF OF THE OFFICE OF
THE OMBUDSMAN WITH SALARY
GRADE 27

MEMBERS OF THE PROSECUTION, | MUNICIPAL CIRCUIT TRIAL COURT
INVESTIGATION, LEGAL, JUDGE AND/OR MUNICIPAL TRIAL
CORRUPTION PREVENTION AND COURT JUDGE

TECHNICAL STAFF OF THE OFFICE OF
THE OMBUDSMAN, WITH SALARY
GRADE 26

ANY INCREASE AFTER THE APPROVAL OF THIS ACT IN THE SALARIES,
ALLOWANCES OR RETIREMENT BENEFITS OR ANY UPGRADING OF THE GRADES
OR LEVELS THEREOF OF ANY OR ALL OF THE JUSTICES OR JUDGES REFERRED TO
HEREIN TO WHOM SAID EMOLUMENTS ARE ASSIMILATED SHALL APPLY TO THE
OMBUDSMAN, DEPUTY OMBUDSMAN, SPECIAL PROSECUTOR, ASSISTANT
OMBUDSMAN, DEPUTY SPECIAL PROSECUTOR, AND THE MEMBERS OF THE
PROSECUTION, INVESTIGATION, LEGAL, CORRUPTION PREVENTION AND
TECHNICAL STAFF OF THE OFFICE OF THE OMBUDSMAN.

SUBJECT TO SECTION 6-C HEREOF, THE SALARIES, ALLOWANCES AND
BENEFITS MENTIONED IN THE NEXT PRECEDING PARAGRAPH SHALL BE PAID
ENTIRELY OUT OF NATIONAL FUNDS AND INCLUDED IN THE ANNUAL
APPROPRIATIONS OF THE OFFICE OF THE OMBUDSMAN WITHOUT PREJUDICE
TO AUGMENTATION FROM OTHER SOURCES.

SEC. 4. Section 6 of R.A. No. 6770 is further amended by inserting Section 6-A,
6-B, 6-C and 6-D to read as follows:


“SEC. 6-A. RETIREMENT BENEFITS. - THE OMBUDSMAN, DEPUTY
OMBUDSMAN, SPECIAL PROSECUTOR, ASSISTANT OMBUDSMAN, DEPUTY
SPECIAL PROSECUTOR, AND THE MEMBERS OF THE PROSECUTION,
INVESTIGATION, LEGAL, CORRUPTION PREVENTION AND TECHNICAL STAFF OF
THE OFFICE OF THE OMBUDSMAN AS PROVIDED IN SECTION 6 HEREOF, WHO
HAVE RENDERED AT LEAST FIFTEEN (15) YEARS OF GOVERNMENT SERVICE, THE
LAST FIVE (5) OF WHICH ARE WITH THE OFFICE OF THE OMBUDSMAN, AND
HAVE REACHED THE AGE OF SIXTY-FIVE (65), SHALL BE ENTITLED TO A
RETIREMENT PENSION BASED ON THE HIGHEST MONTHLY SALARY, PLUS THE
HIGHEST MONTHLY AGGREGATE OF TRANSPORTATION, LIVING AND
REPRESENTATION ALLOWANCES, WHICH THEY WERE RECEIVING AT THE TIME OF
THEIR RETIREMENT.

THOSE WHO HAVE RENDERED SERVICE FOR THE SAME PERIOD AND WHO
HAVE REACHED THE AGE OF SIXTY (60) AND OPT TO RETIRE SHOULD BE
ENTITLED TO THE SAME BENEFIT.

UPON THE DEATH OF A RETIRED OFFICIAL OR EMPLOYEE RECEIVING
PENSION BENEFITS UNDER THIS ACT, THE SURVIVING SPOUSE SHALL BE
ENTITLED TO RECEIVE ALL THE RETIREMENT BENEFITS THAT THE DECEASED
EMPLOYEE WOULD HAVE RECEIVED HAD HE/SHE NOT DIED. THE SURVIVING
SPOUSE SHALL CONTINUE TO RECEIVE SUCH RETIREMENT BENEFITS UNTIL THE
SURVIVING SPOUSE REMARRIES OR DIES.

ALL PENSION BENEFITS OF THE OMBUDSMAN, DEPUTY OMBUDSMAN,
SPECIAL PROSECUTOR, ASSISTANT OMBUDSMAN, DEPUTY SPECIAL
PROSECUTOR, AND THE MEMBERS OF THE PROSECUTION, INVESTIGATION,
LEGAL, CORRUPTION PREVENTION AND TECHNICAL STAFF OF THE OFFICE OF
THE OMBUDSMAN SHALL BE AUTOMATICALLY INCREASED WHENEVER THERE IS
AN INCREASE IN THE SALARY OF THE SAME POSITION FROM WHICH HE/SHE
RETIRED.


SEC. 6-B. CONDITIONS FOR ENTITLEMENT OF PENSION. ~ TO MAINTAIN
ENTITLEMENT TO THE PENSION HEREIN PROVIDED, NO OMBUDSMAN LAWYER,
DURING THE TIME HE/SHE IS RECEIVING SAID PENSION, SHALL APPEAR AS
COUNSEL BEFORE ANY COURT OR QUASI-JUDICIAL AGENCY IN ANY CIVIL,
ADMINISTRATIVE OR CRIMINAL CASE WHEREIN THE GOVERNMENT OR ANY
AGENCY, SUBDIVISION OR INSTRUMENTALITY THEREOF IS AN ADVERSE PARTY,
OR AGAINST ANY OF ITS LEGALLY CONSTITUTED OFFICERS, OR WHEN ANY
GOVERNMENT INTEREST, NATIONAL OR LOCAL, MAY BE ADVERSELY AFFECTED BY
SUCH CASE, PROVIDED, THAT THIS CONDITION DOES NOT APPLY IF THE RETIREE
IS ONE CHARGED OR IMPLEADED AS A PARTY.

WHEN AN OMBUDSMAN LAWYER OR TECHNICAL STAFF COVERED BY AND
RECEIVING ANY BENEFIT UNDER THIS ACT SHALL ASSUME AN ELECTIVE OR
APPOINTIVE POSITION IN GOVERNMENT, HE/SHE SHALL NOT, UPON
ASSUMPTION OF OFFICE AND DURING HIS/HER TERM OR TENURE, RECEIVE THE
MONTHLY PENSION OR ANY OF THE ALLOWANCES DUE HIM/HER.

SEC. 6-C. PERFORMANCE-BASED SPECIAL INCENTIVE ALLOWANCES AND
SPECIAL HAZARD ALLOWANCES. - TO CARRY OUT THE OBJECTIVES OF THIS ACT
AND SUPPORT THE EFFORT TO FIGHT CORRUPTION, THE OMBUDSMAN,
SUBJECT TO AVAILABILITY OF FUNDS AND BASED ON PERFORMANCE-DRIVEN
AND RESULTS-ORIENTED METRICS TO BE ESTABLISHED BY THE OMBUDSMAN, IS
AUTHORIZED TO GRANT PERFORMANCE-BASED SPECIAL INCENTIVE
ALLOWANCES (PBSIA) TO OFFICIALS AND EMPLOYEES OF THE OFFICE OF THE
OMBUDSMAN TO AUGMENT SALARIES AND BENEFITS. THE GRANT OF SUCH
PERFORMANCE-BASED SPECIAL INCENTIVE ALLOWANCES SHALL BE IN SUCH
AMOUNTS AS CAN BE SUPPORTED BY THE FUNDING SOURCES IDENTIFIED IN
THIS LAW AS WELL AS FROM ITS GENERAL FUND AND SAVINGS; PROVIDED THAT
SUCH ALLOWANCES SHALL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE


BASIC SALARY OF THE OFFICIAL OR EMPLOYEE CONCERNED; PROVIDED
FURTHER; THAT OFFICIALS AND EMPLOYEES WHO ARE EXPOSED TO HARDSHIPS,
SECURITY RISKS AND OTHER HAZARDS PECULIAR TO THEIR ASSIGNED TASKS OR
INVESTIGATIONS, AS DETERMINED BY THE OMBUDSMAN, ARE ENTITLED TO BE
COMPENSATED SPECIAL HAZARD ALLOWANCE (SHA) IN ADDITION TO THE
SPECIAL ALLOWANCES AS PROVIDED HEREIN; PROVIDED FINALLY THAT THE
SPECIAL HAZARD ALLOWANCE SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE
BASIC MONTHLY SALARY OF THE OFFICIAL/EMPLOYEE CONCERNED.

SEC. 6-D. OTHER PERSONNEL BENEFITS AND PRIVILEGES. - THE
PROVISIONS OF OTHER LAWS TO THE CONTRARY NOTWITHSTANDING, THE
OFFICE OF THE OMBUDSMAN MAY PROVIDE ITS EMPLOYEES WITH THE
FOLLOWING BENEFITS:

(1) HEALTH CARE SERVICES THROUGH A HEALTH MAINTENANCE
ORGANIZATION (HMO);

(2) ACCIDENT INSURANCE POLICIES EFFECTIVE DURING THE
PERFORMANCE OF THEIR OFFICIAL DUTIES AND FUNCTIONS;

(3) | SCHOLARSHIPS FOR DESERVING EMPLOYEES ON OFFICIAL TIME
AND AT THE EXPENSE OF THE OFFICE OF THE OMBUDMAN TO ENHANCE THEIR
ACADEMIC DEVELOPMENT AND UPGRADE THEIR KNOWLEDGE AND SKILLS.
SCHOLARS UNDER THIS PROVISION SHALL BE SELECTED BASED ON A COMPETIVE
AND TRANSPARENT PROCESS SUBJECT TO GUIDELINES SET BY THE OFFICE;

(4) A PROVIDENT FUND WHICH SHALL CONSIST OF CONTRIBUTIONS BY
THE OFFICE OF THE OMBUDSMAN AND BY ITS OFFICIALS AND EMPLOYEES TO A
COMMON FUND WHICH MAY BE USED FOR THE COMMON BENEFIT; AND.

(5) | PROFESSIONAL MEMBERSHIP FEES, MANDATORY CONTINUING
LEGAL EDUCATION (MCLE) SERVICE FEES AND RELATED MISCELLANEOUS
EXPENSES OF EMPLOYEES HOLDING POSITIONS OR EXERCISING ACTUAL


FUNCTIONS FOR WHICH A PROFESSIONAL LICENSE IS REQUIRED.

(6) ADDITIONAL PAID CUMULATIVE RECUPERATION AND WELLNESS
LEAVES OF FIFTEEN (15) DAYS A YEAR FOR ALL OFFICIALS AND EMPLOYEES OF
THE OFFICE OF THE OMBUDSMAN.

(7) ALL ALLOWANCES OF OFFICIALS AND EMPLOYEES OF THE OFFICE
OF THE OMBUDSMAN SHALL BE EXEMPT FROM THE APPLICABLE INCOME TAX.

SEC. 5. Section 38 of R.A. No. 6770 is hereby amended to read as follows:

“SEC. 38. Fiscal Autonomy. - The Office of the Ombudsman shall enjoy
fiscal autonomy. Appropriations for the Office of the Ombudsman may not be
reduced below the amount appropriated for the previous years and, after
approval, shall be automatically and regularly released. THE FUNDS NECESSARY
TO SUPPORT THE GRANT OF SPECIAL ALLOWANCES AND BENEFITS PROVIDED
HEREIN AND TO ENSURE THE EFFECTIVE IMPLEMENTATION OF THIS ACT, MAY BE
SOURCED FROM THE FOLLOWING:

(1) 35% OF THE VALUE OR PROCEEDS OF FORFEITED ASSETS UNDER
REPUBLIC ACT NO. 1379 WHICH THE OFFICE OF THE OMBUDSMAN |S
AUTHORIZED TO RETAIN AND/OR RECEIVE UPON ACTUAL RECOVERY,
LIQUIDATION AND/OR DISPOSITION OF THE RECOVERED ASSETS; AND

(2) ALL OTHER INCOME, FEES AND REVENUES COLLECTED BY THE
OFFICE OF THE OMBUDSMAN.

THE OMBUDSMAN IS AUTHORIZED TO DIRECTLY RETAIN AND/ORRECEIVE
SUCH SHARE IN FORFEITED ASSETS AND REVENUE AS PROVIDED IN THIS
SECTION AND DISBURSE SUCH FOR PURPOSES OF, AND IN ACCORDANCE WITH,
THIS ACT, AS WELL AS FOR CAPITAL OUTLAY, EQUIPMENT AND TRAININGS.

THE COURT OF COMPETENT JURISDICTION HAVING JURISDICTION OVER
THE FORFEITURE ACTION UNDER REPUBLIC ACT NUMBERED 1379 SHALL
INCLUDE IN ITS DECISION THE IDENTIFICATION AND SEGREGATION OF THE


OMBUDSMAN’S SHARE IN THE FORFEITED ASSETS, AND SHALL AUTHORIZE ITS
IMMEDIATE RELEASE.”

SEC. 6. Appropriations. - There is hereby appropriated initially the sum of One Billion
Eight Hundred Million Pesos (PhP 1,800,000.00) from the funds of the National Treasury not
otherwise appropriated for the organization and operational expenses of the Office of the
Ombudsman for a period of one year from the effectivity of this Act. The said amount shall be

added to the annual budget of the Office of the Ombudsman for the following years.

SEC. 7. Rules and Regulations. The Ombudsman shall, in consultation with the
Department of Budget and Management and the Department of Finance, issue, within ninety
(90) days after the effectivity of this Act, the necessary rules and regulation relating to the

administrative aspects of the provisions of this Act.

SEC. 8. 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.

SEC.9. 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.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its publication in

two (2) national newspapers of general circulation.

Approved,