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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE:PHILIPPINES )
First Regular Session )

HOU SE Or Reape aT! VES.

Introduced by Representative H. Harry L. Roque Jr.

EXPLANATORY NOTE

Under the 1987 Constitution, the Ombudsman and his Deputies are “protectors of the
people” that shall act upon complaints filed in any form or manner against public officials
and other employees of the government. The Ombudsman plays a pivotal role in fighting
corruption and abuses of public trust. Accordingly, the Om+budsman must be empowered to

shield itself from adverse influences and potential conflicts of interest.

Historically, the conviction rate of the Office of the Ombudsman has been very low,
ranging from 10 to 25%, depending on the year, and the source. In some instances, the Office
of the Ombudsman would claim that the conviction rate reaches above 50%. Of late, it is
‘most worrisome that the Office of the Special Prosecution have lost cases against the so-
called “big fish”, three of which are cases that were either filed by the undersigned, or cases
where the undersigned had involvement n connection with the filing of these cases; to wit:

the NBN-ZTE scam the Fertilizer scam, and the Malampaya fund scam . The:

‘ases were
dismissed despite the fact that both the Senate and the Ombudsman had previously
investigated them and found the evidence to be sufficient, Their dismissals attest to the fact

that the status quo is unacceptable and hence, this bill.


‘There are many reasons why conviction rates may be low ~ a lack of resources, the
existence of political deterrence to prosecute cases, or conflicts of interest, whether political
or economic, lack of capacity and even corruption. The Office of the Ombudsman
experiences the same pressures like any other subdivision of the government. To believe that
the Office of the Ombudsman is free from any political or economic pressure would be to
turn a blind eye to the realities on the ground. The purpose of this bill is to structurally aid the
Ombudsman to remain independent and be more efficient in seeking convictions before the

Sandiganbayan

This bill authorizes the Ombudsman to deputize the role of prosecuting cases to
private lawyers and private law firms in cooperation with, and under the Office of the Special
Prosecutor. This is a proffered solution to the spate of dismissals of cases filed by the
Ombudsman before the Sandiganbayan, Unlike in ordinary criminal cases where private
prosecutors are allowed to prosecute the civil aspect of the case, private lawyers cannot do so
in the Sandiganbayan. This Bill amends the Ombudsman law to allow the services of private

lawyers to be deputized by the Ombudsman

The passage of this bill is earnestly sought

L, ROQUE JR.


SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES. )
First Regular Session )

t aa Os) IVES

Introduced by Representative H, Harry L, Roque Jr

AN ACT AMENDING SECTION 11 OF REPUBLIC ACT NO. 6770, OTHERWISE
KNOWN AS THE OMBUDSMAN ACT OF 1989, TO ALLOW FOR THE
DEPUTIZATION OF PRIVATE LAWYERS AND LAW FIRMS.

SECTION 1. Section 11 of Republic Act No, 6770, also known as the
Ombudsman Act of 1989, as amended, is hereby amended to read as follows
Section 11. Structural Organization. — The authority and responsibility for the
exercise of the mandate of the Office of the Ombudsman and for the discharge of
its powers and funetions shall be vested in the Ombudsman, who shall have

supervision and control of the said office.

(1) The Office of the Ombudsman may organize such directorates for
administration and allied services as may be necessary for the effective discharge
of its functions, Those appointed as directors or heads shall have the rank and

salary of line bureau directors.

(2) The Office of the Overall Deputy shall oversee and administer the operations
of the different offices under the Office of Ombudsman shall likewise perform

such other fimetions and duties assigned to it by the Ombudsman.


(3) The Office of the Special Prosecutor shall be composed of the Special
Prosecutor and his prosecution staff. The Office of the Special Prosecutor shall be
an organic component of the Office of the Ombudsman and shall be under the

supervision and control of the Ombudsman.

(4) The Office of the Special Prosecutor shall, under the supervision and control

and upon the authority of the Ombudsman, have the following powers:

(a) To conduct preliminary investigation and prosecute criminal cases

within the jurisdiction of the Sandiganbayan;

(b) To enter into plea bargaining agreements; and

(c) To perform such other duties assigned to it by the Ombudsman.

‘The Special Prosecutor shall have the rank and salary of a Deputy

Ombudsman.

(5) The position structure and staffing pattern of the Office of the Ombudsman,

including the Office of the Special Pros Il be approved and prescribed

utor

by the Ombudsman, The Ombudsman shall appoint all officers and employees of

the Office of the Ombudsman, including those of the Office of the Special

Prosecutor, in accordance with the Civil Service Law, rules and regulations,

(6)The Ombudsman may deputize private lawyers or private law firms to
prosecute cases under, and in cooperation with, the Office of the Special
Prosecutor. They will work under the Office of the Special Prosecutor, and

4


shall remain under the supervision and control, and upon the authority of
the Ombudsman, A compensation structure based on work evaluation
studies and subject to the Ombudsman’s approval, shall be instituted, The
Ombudsman shall prepare a compensation structure to conform as closely as
possible to the principles provided for in Republic Act 6758, the Salary
Standardization Act.

SI

TION 2.Separability Clause. - If any provision is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting,

SECTION 3. Repealing Clause. - Any law, presidential decree ot is

vance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to
or inconsistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly

SECTION 4.h:ffectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in at least two (2) newspapers of general circulation.

Approved,