SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S.B. No. ^
> 1'nntr
i C i l i r t  o f 
fT r t 'H :
•17 m u  
P 3 ■29
RIV (.
•>v.
Introduced by SENATOR LOREN LEGARDA
AN ACT
TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN BY ESTABLISFIING 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.
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.
The Office of the Ombudsman plays a very important role as the independent 
Constitutionally-created body tasked to ensure compliance of the above provision. It is 
mandated to investigate 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. 
Moreover, their 
personal safety and the safety of their families are at constant risk due to the high- 
profile cases they usually handle.
Furthermore, despite the enormity of their task of battling graft and corruption, 
the salary of Ombudsman employees, particularly investigators and prosecutors, is still 
not comparable to that of their counterparts in other govermnent agencies and in other 
anti-graft and corruption bodies in the Asia-Pacific Region.
To entice only the best and the brightest to join the Office of the Ombudsman 
and to encourage a high retention rate especially for its investigators and prosecutors, a 
competitive retirement system at par with other government lawyers employed in other 
government agencies and instrumentalities should be provided.
In view of the foregoing, immediate passage of this Bill is earnestly requested.
LORENXEGARDA
Senator


SEVENTEENTH CONGRESS OE THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
)
(Oilitt ol 
'Mi
•17 
DEC 11 
P 3  -31
SENATE
S.B. No. 1G32
B1 1 • ’
Introduced by SENATOR LOREN LEGARDA
AN ACT
TO STRENGTHEN THE OFFICE OF THE OMBUDSMAN BY ESTABLISHING A 
RETIREMENT BENEFIT SYSTEM FOR THE OMBUDSMAN, LIIS/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.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Title. - This Act shall be known as the "Retirement Law of the Office of the 
Ombudsman."
SECTION 2. Coverage. - This Act shall apply to the Ombudsman, his/her Deputies, the 
Special Prosecutor, and to all Ombudsman officials and employees performing legal, 
prosecution, investigation and corruption prevention functions from Salary Grade 26 to 
29. The Ombudsman, his/her Deputies and the Special Prosecutor shall enjoy the same 
retirement and other benefits as those of the Presiding Justice of the Court of Appeals 
and the Associate Justice of the Court of Appeals, respectively. All other Ombudsman 
officials and employees covered by this Act shall enjoy the same retirement and other 
benefits as those Judges of the Regional Trial Courts, Municipal Trial Courts in Cities, 
Municipal Trial Courts and Municipal Circuit Trial Courts with the same salary grades.
Any increase after the approval 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.
SECTION 3. Retirement boiefits. - When an Ombudsman official or employee covered 
by this Act 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, (a) retires for having attained 
the age of sixty-five (65) years, or (b) resigns by reason of incapacity to discharge the 
duties of his/her office as certified by the Ombudsman, whether involving total or 
partial permanent disability, he/she shall receive during the residue of his/her natural 
life, in the manner hereinafter provided, a retirement pension based on the highest 
monthly salary, plus the highest montlily aggregate of transportation, living and


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representation allowances, which he/she was receiving at the time of his/her 
retirement or resignation.
Wlien an Ombudsman 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 the 
government, the last five (5) years of which must have been continuously rendered in 
the Office of the Ombudsman, he/she shall likewise be entitled to retire and receive 
during the residue of his/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-rntn monthly pension computed as follows:
No. of years 
in Government
15 Years
Basic Pay Plus the Highest Montlily Aggregate of 
Transportation, Living and Representation 
Allowances
Wlien the Ombudsman, his/her Deputies or the Special Prosecutor has rendered 
actual service for at least five (5) years with the Office of the Ombudsman, regardless of 
age and years of total government service, he/she shall likewise be entitled to retire and 
receive full retirement benefits under this Act.
In case an Ombudsman official or employee covered by this Act dies while in 
actual service, regardless of his/her age and length of service as required in the first and 
second paragraphs of this Section, his/her heirs shall receive a lump sum of five (5) 
years' gratuity computed on the basis of the highest montlily salary plus the highest 
aggregate of transportation, living and representation allowances received by him/her 
as such: Provided, however, that where the deceased Ombudsman 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/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 heirs of the Ombudsman official or employee who was killed 
because of his/her work 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.
Upon retirement, an Ombudsman official or employee 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 of transportation, living and representation 
allowances he/she was receiving on the date of his/her retirement, and thereafter, 
upon survival after the expiration of five (5) years, to further annuity payable montlily 
during the residue of his/her natural life pursuant to the first and second paragraphs 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 office and prior to the date of retirement, he/she shall receive a gratuity equivalent to 
ten (10) years salary and allowances aforementioned: Provided, further, that should the 
retirement be under Section 3(a) hereof 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 retirement, he/she shall receive an additional gratuity 
equivalent to two (2) years lump sum that he/she is entitled to under this Act: Provided, 
fiirthermore, that if he/she survives after ten (10) years or seven (7) years, as the case


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may be, he/she shall receive a monthly retirement pension as computed under this Act 
during the residue of his/her natural life pursuant to the first and second paragraphs of 
this Section.
SECTION 4. Conditions. - To maintain entitlement to the pension herein, no 
Ombudsman official or employee, during the time he/she is receiving said pension, 
shall appear as counsel before 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 his/her office; or collect 
any fee for his/her appearance in any administrative proceedings to maintain an 
interest adverse to the government, whether national or local, or to any of its legally 
constituted officers.
A retiring Ombudsman official or employee who is entitled to any retirement 
benefit of any prior retirement law shall have the option to choose between the benefits 
in such law and those herein provided for, and in such case he/she shall be entitled 
only to the benefits so chosen: Pnnnded, however, that such Ombudsman official or 
employee retired under any prior law and who is thereafter appointed to the Office of 
the Ombudsman, shall be entitled to the benefits of this Act on condition that, in case 
he/she has not fully refunded to the Government the gratuity previously received by 
him/her, there shall be deducted from the amounts payable to him/her under this Act 
such monthly installments as are required until the gratuity already received by 
him/her shall have been refunded in full.
SECTION 5. 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 allowances in the same position from which he/she retired.
SECTION 6. Sunhvorship Benefits. - In case an Ombudsman official or employee dies 
during his/her retirement, the surviving legitimate spouse and dependent children of 
said Ombudsman official or employee shall be entitled to receive all the retirement 
benefits that the deceased was receiving or entitled to receive at the time of death. 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/her lifetime or until he/she remarries: Provided, that if 
the surviving spouse is receiving benefits under existing retirement laws, he/she shall 
only be entitled to the difference between the amount provided for in this Act and the 
benefits he/she is receiving.
SECTION 7. Hazard Allowances. - Ombudsman officials and employees performing 
legal, prosecution, investigation, corruption prevention and/or other teclinical 
functions, and who, by reason of their assigned tasks and responsibilities, are exposed 
to hardships, security risks and other hazards, as determined by the Ombudsman, are 
entitled to receive an additional monthly Hazard Allowance (HA) which shall not 
exceed fifty percent (50%) of the basic montlily salary of the official or employee 
concerned.
SECTION 8. Retroactivity. - The benefits mentioned in Sections 3 and 6 hereof shall be 
granted to those who retire, resign or die one (1) year prior to the effectivity of this Act.


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SECTION 9. Appropriation. - The amounts necessary for the implementation of this Act 
shall be included in the Annual General Appropriations Act.
SECTION 10. 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 anci/or modified accordingly.
SECTION 11. Separabilit]/ Clause. - If, for any reason, any provision or section of this Act 
is declared to be unconstitutional or invalid, the other provisions or sections of this Act 
which are not affected shall continue in full force and effect.
SECTION 12. Effectivihj. - This Act shall take effect after fifteen (15) days following its 
publication in at least two (2) newspapers of general circulation or in the Official 
Gazette.
Approved,