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SIXTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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'13 JlJL29 f)5:15 
SENATE 
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Introduced by Senator Antonio "Sonny" F. Trillanes IY 
S.NO. 1148 
EXPLANATORY NOTE 
Article Xl, Section 12 of the 1987 Constitution provides that the Ombudsman and his Deputies, 
as protectors of the people, shall act promptly on complaints filed in any form or manner against 
public officials or employees of the Government, or any subdivision, agency or instrumentality 
thereof, including government-owned or controlled corporations, and shall, in appropriate cases, 
notify the complainants of the action taken and the result thereof. 
Nonetheless, contrary to the above constitutional mandate, the Office of the Ombudsman has, in 
the past received flak for its lacklustre performance insofar as conviction rates are concerned -
scoring only a few convictions in its 25-year history. A 2006 study conducted by the Center for 
People Empowerment in Governance (CenPeg) in partnership with the Transparency 
International (TI) reports that the Office of the Ombudsman has suffered a backlog of cases, 
while many cases said to have been disposed were actually dismissed or archived. The lack of 
prosecutors is one ofthe reasons why cases have languished in the Office. 
Thus, this bill seeks to authorize the Office of the Ombudsman to hire private lawyers to act as 
investigators and/or prosecutors to assist in the prosecution of cases filed before it. Waiting for a 
substantial increase in the budget appropriated for the Office to cover the ideal number of 
lawyers may take years. Unless and until the number of lawyers is beefed up, dramatic 
improvement in prompt and fair disposition of cases by the Office of the Ombudsman is highly 
unlikely. 
LLANES IV 
Senator 
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SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'13 
JUL ;~9 P 5 :15 , 
SENATE 
S.NO. 1148 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
AMENDING SECTION 31 OF REPUBLIC ACT NO. 6770, OTHERWISE KNOWN AS 
THE "OMBUDSMAN ACT OF 1989", AS AMENDED ALLOWING PRIVATE 
LAWYERS TO ACT AS PROSECUTORS ON BEHALF OF THE OMBUDSMAN 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Section 31 of Republic Act No. 6770 is hereby further amended to read as 
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follows: 
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"SEC, 31, Designation of Investigators and Prosecutors. -
The 
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Ombudsman may utilize the personnel of his office and/or designate or deputize 
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any fiscal, state prosecutor or lawyer in the government services to act as special 
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investigator or prosecutor to assist in the investigation and prosecution of certain 
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cases, 
THE OMBUDSMAN MAY ALSO DESIGNATE 
PRIVATE 
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LAWYERS TO ACT AS INVESTIGATORS AND/OR PROSECUTORS TO 
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ASSIST IN THE PROSECUTION OF CASES DECIDED HEREUNDER. 
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Those designated and deputized to assist him herein provided shall be under his 
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supervision and control. 
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The Ombudsman and his investigators and prosecutors, whether regular 
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members of his staff or designated by him as herein provided, shall have authority 
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to administer oaths, to issue subpoena and subpoena duces tecum, to summon and 
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compel witnesses to appear and testify under oath before them and/or bring 
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books, documents and other things under their control, and to secure the 
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attendance or presence of any absent or recalcitrant witnesses through application 
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before the Sandiganbayan or before any inferior court having jurisdiction of the 
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place where the witnesses or evidence is found. 
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"THE OMBUDSMAN MAY DESIGNATE PRIVATE LAWYERS 
TO ASSIST HIM IN THE PROSECUTION OF CASES IN THE 
FOLLOWING INSTANCES: 
(A) CASES INVOLVING FORMER PRESIDENTS OF THE PHILIPPINES, 
FORMER VICE PRESIDENTS OF THE PHILIPPINES, INCUMBENT 
AND FORMER MEMBERS OF THE CABINET AND INCUMBENT AND 
FORMER UNDERSECRETARIES APPOINTED IN THE EXECUTIVE 
BRANCH; 
(B) CASES REQUIRING SPECIALIZED AND EXPERT KNOWLEDGE AND 
TRAINING OF THE LAW; 
. 
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(C)CASES WHERE THE PRIVATE LAWYER DEPUTIZED BY THE 
OMBUDSMAN IS ALSO THE COMPLAINANT IN THE FILING OF THE 
ORIGINAL 
COMPLAINT LODGED WITH THE OMBUDSMAN. 
WHERE 
THE 
COMPLAINANT 
IS 
NOT 
A 
LAWYER, 
THE 
OMBUDSMAN MAY ALSO DESIGNATE OR DEPUTIZE THE PRIVATE 
LA WYERIS HIRED AND ENGAGED BY THE SAID COMPLAINANT. 
SEC. 31- A. DEFINITION OF PRIVATE LAWYERS. -
FOR 
PURPOSES OF THIS ACT, THE TERM PRIVATE LAWYER SHALL 
MEAN OR BE UNDERSTOOD AS FOLLOWS: 
(A)(I) ANY PERSON LEARNED IN THE LAW AS AN ATTORNEY, 
COUNSEL, OR A PERSON LICENSED TO PRACTICE LAW 
(II) ANY PERSON WHO PROSECUTES OR DEFEND CAUSES IN 
COURTS OF RECORD OR OTHER JUDICIAL TRIBUNAL, OR WHOSE 
BUSINESS IS TO GIVE LEGAL ADVICE 
OR ASSISTANCE. IN 
RELATION TO ANY CAUSE OR MATTER; OR 
(III) ANY LAWYER WHO IS NOT EMPLOYED IN ANY GOVERNMENT 
AGENCY AND NOT PAID OUT OF PUBLIC FUNDS; AND 
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(B)WITH AT LEAST FIVE (5) YEARS OF ACTIVE LITIGATION 
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PRACTICE OR EXPERIENCE. 
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"SEC. 31·B. NATURE OF SERVICES. -
THE SERVICES 
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RENDERED BY THE PRIVATE LAWYERS UNDER AND PURSUANT 
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TO THIS ACT SHALL BE PRO BONO AND ON A PURELY 
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VOLUNTARY BASIS EXCEPT THAT INCIDENTAL, NECESSARY AND 
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OUT-OF-POCKET EXPENSES SHALL BE CHARGED AGAINST THE 
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ACCOUNT OF THE OFFICE OF THE OMBUDSMAN. 
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"SEC. 31·C. PROHIBITION ON APPEARANCE. -
PRIVATE 
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LAWYER'S 
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DESIGNATED BY THE OMBUDSMAN UNDER AND PURSUANT TO 
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THIS ACT AND THE FIRMS TO WHICH THEY BELONG SHALL, IN 
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CASES WHERE ACTUAL OR POTENTIAL CONFLICT OF INTEREST 
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ARISES, BE BARRED FROM APPERARING AS COUNSEL OR AGENT 
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OF THE OMBUDSMAN, AND FROM TRANSACTING BUSINESS 
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DIRECTLY OR INDIRECTLY WITH THE SAID OFFICE, WHILE THEy 
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ARE DEPUTIZED TO ASSIST THE OMBUDSMAN." 
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SEC 2. Separability ClaUSe. - If any provision of this Act is declared invalid of 
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unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in 
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force and effect. 
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SEC. 3. Repealing Clause. - All laws, decrees, ordinances, rules and regulations, 
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executive or administrative orders, and other presidential issuance inconsistent with this Act, are 
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hereby repealed, amended or modified accordingly. 
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SEC. 4. EffectiVity. - This Act shall take effect fifteen (15) days after its complete 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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