SEVENTEENTH CONGRESS OF THE)

REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) "18 MAR 20 P7°56
SENATE

REL

COMMITTEE REPORT NO. __305
Prepared and submitted jointly by the Committees on Justice and Human Rights;
Civil Service, Government Reorganization and Professional Regulation; and Finance

on R2

Re: Senate Bill No. __1.762.

Recommending its approval in substitution of Senate Bill Nos. 347, 1034, 1600,
1625, 1632, 1638, taking into consideration House Bill No. 6578.

Sponsor: Senator Richard J. Gordon

MR. PRESIDENT:

The Committees on Justice and Human Rights; Civil Service, Government
Reorganization and Professional Regulation; and Finance, to which were referred
Senate Bill No. 347, introduced by Senator Poe, entitled:

“AN ACT

STRENGTHENING THE OFFICE OF THE OMBUDSMAN THROUGH FURTHER
PROFESSIONALIZATION, IMPROVEMENT OF SKILLS AND AUGMENTING
THE LIVING CONDITIONS OF ITS EMPLOYEES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NUMBER 6770, OTHERWISE KNOWN AS THE
OMBUDSMAN ACT OF 1989, AND FOR OTHER PURPOSES”

Senate Bill No. 1034, introduced by Senator Villanueva, entitled:

“AN ACT

ESTABLISHING A RETIREMENT BENEFIT SYSTEM FOR PROSECUTORS IN
THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES”



Senate Bill No. 1600, introduced by Senator Angara, entitled:
“AN ACT

TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN BY ESTABLISHING A
RETIREMENT BENEFIT SYSTEM FOR THE OMBUDSMAN, HIS/HER
DEPUTIES, THE SPECIAL PROSECUTOR, AND OTHER OFFICIALS AND
EMPLOYEES PERFORMING LEGAL, PROSECUTION, INVESTIGATION AND
CORRUPTION PREVENTION FUNCTIONS, AUGMENTING EMPLOYEES’
BENEFITS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES”

Senate Bill No. 1625, introduced by Senator Gordon, entitled:
“AN ACT

ESTABLISHING A RETIREMENT BENEFIT SYSTEM IN THE OFFICE OF THE
OMBUDSMAN, AUGMENTING ITS EMPLOYEE BENEFITS, AND
APPROPRIATING FUNDS THEREFOR”

Senate Bill No. 1632, introduced by Senator Legarda, entitled:

“AN ACT

TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN BY ESTABLISHING A
RETIREMENT BENEFIT SYSTEM FOR THE OMBUDSMAN, HIS/HER
DEPUTIES, THE SPECIAL PROSECUTOR, AND OTHER OFFICIALS AND
EMPLOYEES PERFORMING LEGAL, PROSECUTION, INVESTIGATION AND
CORRUPTION PREVENTION FUNCTIONS, AUGMENTING EMPLOYEE
BENEFITS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES”

Senate Bill No. 1638, introduced by Senator Lacson, entitled:

“AN ACT

TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN BY ESTABLISHING A
RETIREMENT BENEFIT SYSTEM FOR THE OMBUDSMAN, HIS/HER
DEPUTIES, THE SPECIAL PROSECUTOR, AND OTHER OFFICIALS AND
EMPLOYEES PERFORMING LEGAL, PROSECUTION, INVESTIGATION AND
CORRUPTION PREVENTION FUNCTIONS, AUGMENTING EMPLOYEES’
BENEFITS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES”

taking into consideration House Bill No. 6578, introduced by Representatives Tugna,
Hofer, Del Mar, Nieto, et.ai,, entitled:



“AN ACT

ESTABLISHING A RETIREMENT BENEFIT SYSTEM IN THE OFFICE OF THE
OMBUDSMAN, AUGMENTING ITS EMPLOYEE BENEFITS, AND
APPROPRIATING FUNDS THEREFOR”

have considered the same and have the honor to report them back to ‘to thy 3G FEE
with the recommendation that the attached bill, Senate Bill No.
Prepared by the Committees, entitled:

“AN ACT
ESTABLISHING A RETIREMENT BENEFIT SYSTEM IN THE OFFICE OF THE
OMBUDSMAN, AUGMENTING ITS EMPLOYEE BENEFITS, AND
APPROPRIATING FUNDS THEREFOR”

be approved in substitution of Senate Bill Nos. 347, 1034, 1600, 1625, 1632, and
1638 taking into consideration House Bill ana TN 6574 onith Senators Poe, Villanueva,
Angara, Gordon, Legarda, and Lacson38 5 authors thereof.

Respectfully submitted:

Commfiit lustice and Human Rights
lember, Committee on Finance

SEN. LOREN-B. LEGARDA SEN. ANTONIO “SONNY” F.
Committee on Finance TRILLANES IV
Member, Committee on Civil Service, Committee on Civil Service, Government

Government Reorganization & Professional Reorganization & Professional Regulation
Regulation Member, Committee on Finance



Vice Chairpersons:

SEN. FRANCIS “CHIZ” GPESCUDERO
Committee on Civil Service, Government
Reorganization & Professional Regulation
Member, Committee on Finance

SEN. SONNY ANGARA
Committee on Finance

SEN. JOSEPH VII
Committee on Finance
Member, Committee on Justice & Human
Rights

IR G. EJERCITO

Ae,
SEN. PANFIQO M. LACSON

Committee\oh Justice and Human Rights;
Finance

SEN. CYNTHIA A. VILLAR
Committee on Finance

Member, Committee on Civil Service,
Government Reorganization &

Professional Regulation
SEN. PAOLO BENIGNO “BAM”
AQUINO IV

Committee on Finance

Member, Committee on Civil Service,
Government Reorganization &
Professional Regulation

Members:

iUEL F. ZUBIRI

Finance

SEN. FRANCIS N. PANGILINAN
Committees on Justice and Human Rights;
Finance

imittees on Justice and Human Rights;

‘SEN. EMI
PACQUIAO
Committees on Justice and Human Rights;
Civil Service, Government Reorganization
& Professional Regulation

JEL “MANNY” D.

SEN. GRACE POE
Committees on Justice & Human Rights;
Finance



SEN. GREGORIO B. HONASAN IT
Committees on Civil Service, Government
Reorganization & Professional Regulation;
Finance

SEN. WIN GATCHALIAN
Committee on Finance

SEN. JOEI
Committe

TILLANUEVA
mn Finance

SEN. RISA HONTIVEROS
Committees on Justice and Human Rights;
Finance

SEN. MARIA LOURDES NANCY S.
BINAY
Committee on Finance

Ex-Officio Members:

Li

AQUILINO “KOKO” PIMENTEL III
Senate President

jority Floor Leader



SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) . 7
Second Regular Session ) 18 MAR 20 P75

SENATE
sen 1762 SS

Prepared by the Committees on Justice and Human Rights; Civil Service,
Government Reorganization and Professional Regulatign; a sad with Senators
Poe, Villanueva, Angara, Gordon, Legarda, and Lacson,ds ai BFE thereof

“AN ACT
ESTABLISHING A RETIREMENT BENEFIT SYSTEM IN THE OFFICE OF THE
OMBUDSMAN, AUGMENTING ITS EMPLOYEE BENEFITS, AND
APPROPRIATING FUNDS THEREFOR”

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

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

Sec. 2. Coverage. — This Act shall apply to the Ombudsman and his or her
Deputies, the Special Prosecutor, and to all officials and employees of the Office of
the Ombudsman from Salary Grade 26 to 29 who are performing legal, prosecution,
investigation and corruption prevention functions, and whose position requires
membership in the Philippine bar or a Master’s degree in a relevant field as a
qualification.

The Ombudsman shall enjoy the same retirement and other benefits as those of the
Presiding Justice of the Court of Appeals, provided that he or she shall have served
in such capacity for a full term of seven (7) years, regardless of age or number of

years in government service. The Ombudsman‘s Deputies and the Special



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Prosecutor, meanwhile, shall enjoy the same retirement and other benefits as those
of an Associate Justice of the Court of Appeals, provided that they have served in
such capacity for a full term of seven (7) years, regardless of age or number of
years in government service. All other officials and employees covered by this Act
shall enjoy the same retirement and other benefits as those of the judges of the
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, Municipal Circuit Trial Court or other trial courts with the
same salary grades.

Any increase after the effectivity of this Act in the salaries, allowances or retirement
benefits, or any upgrading of the salary grades or levels, of any or all of the Justices
and judges referred to in the preceding paragraph shall apply to the corresponding
Ombudsman official or employee covered by this Act.

SEC. 3. Retirement Benefits. - When an official or employee of the Office of the
Ombudsman covered by this Act who has rendered at least fifteen (15) years of
service either in the Office of the Ombudsman or in any branch of government, or in
both, retires for having attained the age of sixty-five (65) years or resigns by reason
of incapacity to discharge the duties of the office as certified by the Ombudsman,
such official or employee shall, during the residue of his or her natural life, in the
manner hereinafter provided, receive a retirement pension based on the highest
monthly salary, plus the highest monthly aggregate of transportation, living and
representation allowances which he or she was receiving at the time of his or her
retirement or resignation.

When an official or employee covered by this Act has attained the age of sixty (60)

years and has rendered at least fifteen (15) years of service in government, the last



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five (5) years of which must have been continuously rendered in the Office of the
Ombudsman, he or she shall likewise be entitled to retire and receive, during the
residue of his or her natural life, the same benefits provided for in this section:
Provided, however, that those with less than fifteen (15) years of service in the

government shall be entitled to a pro-rata pension computed as follows:

No. of years in government Basic Pay plus the Highest Monthly
15 years x Aggregate of Transportation, Living
and Representation Allowance

Upon retirement, an Ombudsman official or employee covered by this Act shall
automatically be entitled to a lump sum of five (5) years’ gratuity computed on the
basis of the highest monthly salary plus the highest aggregate transportation, living
and representation allowances he or she was receiving on the date of his or her
retirement, and thereafter, upon survival after the expiration of five (5) years, to
further annuity payable monthly during the residue of his or her natural life pursuant
to the first paragraph of this section: Provided, however, if the reason for the
retirement be any total permanent disability, as certified by the Ombudsman,
contracted during the retiree’s incumbency in the office and prior to the date of
retirement, he or she shall receive a gratuity equivalent to ten (10) years salary and
allowances aforementioned: Provided, further, that should the retirement be with
the attendance of any partial permanent disability, as certified by the Ombudsman,
contracted during the retiree’s incumbency and prior to the date of the retirement,
he or she shall receive an additional gratuity equivalent to two (2) years lump sum
that he or she is entitled to under this Act: Provided, furthermore, that if he or she

survives after ten (10) years or seven (7) years, as the case may be, he or she shall



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receive a monthly retirement pension as computed under this Act during the residue
of his or her natural life pursuant to Section 3 of this Act.

When the Ombudsman, his or her Deputies, or the Special Prosecutor has completed
his or her full term with the Office of the Ombudsman, regardless of age or years in
government service, he or she shall likewise be entitled to the retirement benefits
under this Act.

Sec. 4. Death Benefits. - In case an official or employee covered by this Act dies
while in actual service, regardless of his or her age and length of service as required
in the first and second paragraphs of this section, his or her heirs shall receive a
lump sum of five (5) years’ gratuity computed on the basis of the highest monthly
salary plus the highest aggregate of transportation, living and representation
allowances received by concerned official or employee as such: Provided, however,
that where said official or employee has rendered at least fifteen (15) years of
government service, either in the Office of the Ombudsman or in any branch of
government, or both, his or her heirs shall instead be entitled to a lump sum of ten
(10) years gratuity computed on the same basis as indicated in this provision:
Provided, further, that the lump sum of ten (10) years gratuity shall be received by
the Ombudsman official or employee who was killed by reason of his or her duties as
such: Provided, that the official or employee has served in the Office of the
Ombudsman for at least five (5) years regardless of age at the time of death. When
an Ombudsman official or employee is killed intentionally while in service, the
presumption is that the death is work-related.

SEC. 5. Conditions. — To maintain entitlement to the pension herein provided, no

Ombudsman official or employee covered by this Act shall appear as counsel before



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any judicial or quasi-judicial agency in any civil case wherein the Government or any
agency, subdivision, or instrumentality thereof is an adverse party, or in any criminal
case wherein any officer or employee of the Government is accused of an offense
committed in relation to their office, or in any administrative proceeding to maintain
an interest adverse to the government, whether national, provincial, or municipal or
to any of its legally constituted officers.

When an Ombudsman official or employee covered by and receiving any benefit
under this Act shall assume an elective position in government, he or she shall not,
upon assumption of office and during his or her tenure as an elected official, receive
the monthly pension or any of the allowances due him or her.

SEC. 6. Automatic Increase. - All pension benefits of retired officials or
employees of the Office of the Ombudsman shall be automatically increased
whenever there is an increase in the salary and allowance in the same position from
which they retired.

SEC. 7. Survivorship Benefits. — In case an Ombudsman official or employee
covered by this Act dies during his or her retirement, the surviving legitimate spouse
and dependent children of said official or employee shall be entitled to receive all the
retirement benefits that the deceased was receiving or entitled to receive. A
“dependent” means a legitimate, illegitimate or legally-adopted child who is chiefly
dependent on the said deceased Ombudsman official or employee if such dependent
is not more than twenty-one (21) years of age, unmarried and not gainfully
employed, or if such dependent, regardless of age, is incapable of self-support
because of mental or physical defect. The said surviving legitimate spouse shall

continue to receive such retirement benefits during his or her lifetime or until he or



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she remarries: Provided, that if the surviving spouse is receiving benefits under
existing retirement laws, he or she shall only be entitled to the difference between
the amount provided for in this Act and the benefits the he or she is receiving.

SEC. 8. Retroactivity. - The benefits mentioned in Sections 3 and 7 hereof shall be
granted to all those who retire, resign or die one (1) year prior to the effectivity of
this Act.

SEC. 9. Appropriations. - The amount necessary for the initial implementation of
this Act shall be charged against the current year's savings of the Office of the
Ombudsman. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations
Act.

SEC. 10. 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 of
this Act which are not affected shall continue in full force and effect.

SEC. 11. Repealing Clause. - All acts, laws, decrees, executive orders, letters of
instructions and regulations or any part thereof which are inconsistent with any
provision of this Act are hereby repealed and or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect after fifteen (15) days after its
Publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,