Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

THIRTEENTH CONGRESS
1 Regular Session

262

Introduced by RODRIGUEZ D. DADIVAS.

House Bill No.

Explanatory Note

This bill seeks to amend Republic Act 6770, otherwise known as “The Ombudsman
Act of 1989", by allowing the Ombudsman to seek assistance from private lawyers in
handling cases against misfits in the government offices.

This bill would give enough teeth to the Office of the Ombudsman by allowing
competent and well-trained private lawyers to act as prosecutors in cases involving
former Presidents and Vice Presidents of the Philippines, incumbent and former
members of the cabinet and incumbent and former undersecretaries appointed in the
executive branch, among others.

One of the glaring examples why the need to hire these lawyers is the mismatch
between the skills the government lawyers have against the fancied, high paid and
prominent lawyers that comprised former President Estrada’s legal team in the
‘ongoing perjury and plunder cases against the latter.

On many instances, several misfits in public office had evaded the long arm of the
law due either to the lackluster performance of the Office of the Ombudsman or the
dearth of well-trained and competent lawyers and the general public has no choice
but to accept defeat hook, line and sinker.

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." Erring public officials and employees
should be put behind bars and let the full force of the law be applied.

In view of the foregoing, approval of this bill Is eamestly sought. This bill was also
filed inthe Senaté during the 12" Congress and pending before the Committee on

1" District, Capiz

fxbil ombudsmen



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
1* Regular Session

262

House Bill No.

Introduced by RODRIGUEZ D. DADIVAS

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:

SECTION 1. Section 31 of Republic Act No. 6770 is hereby further amended
to read as follows:

"Seo, 31. Designation of Investigators and Prosecutors. - The
‘Ombudsman may utilize the personnel of his office and/or designate or
deputize any fiscal, state prosecutor or lawyer in the goverment services to
act as special investigator or prosecutor to assist in the investigation and
prosecution of certain cases. THE OMBUDSMAN MAY ALSO DESIGNATE
PRIVATE LAWYERS TO ACT AS PROSECUTORS TO ASSIST IN THE
PROSECUTION OF CASES PROVIDED HEREUNDER, Those designated
and deputized to assist him herein provided shall be under his supervision
and contro

"The Ombudsman and his investigators and prosecutors, whether
regular members of his staff or designated by him as herein provided, shall
have authority to administer oaths, to issue subpoena and subpoena duces
tecum, to summon and compel witnesses to appear and testify under oath
before them and/or bring books, documents and other things under their
control, and secure the attendance or presence of any absent or recalcitrant
witness through application before the Sandiganbayan or before any inferior
or superior court having jurisdiction of the place where the witness or
evidence is found.

“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;

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 LAWYER/S HIRED AND.
ENGAGED BY THE SAID COMPLAINANT.

“SEC. 31-A. DEFINITION OF PRIVATE LAWYER. - FOR PURPOSES
OF THIS ACT, THE TERM PRIVATE LAWYER SHALL MEAN OR BE
UNDERSTOOD AS FOLLOWS:

(A)(l) ANY PERSON LEARNED IN THE LAW AS AN ATTORNEY,
COUNSEL, OR A PERSON LICENSED TO PRACTICE LAW;

(ll) ANY PERSON WHO PROSECUTES OR DEFEND CAUSES IN
COURTS OR RECORD OR OTHER JUDICIAL TRIBUNAL, OR WHOSE
BUSINESS IS TO GIVE LEGAL ADVICE OR ASSISTANCE IN RELATION
TO ANY CAUSE OR MATTER WHATEVER; OR

(Ill) ANY LAWYER WHO IS NOT EMPLOYED IN ANY GOVERNMENT
AGENCY AND NOT PAID OUT OF PUBLIC FUNDS; AND

(8) WITH_ AT LEAST FIVE (6) YEARS OF ACTIVE LITIGATION
PRACTICE OR EXPERIENCE

“SEC. 31-B. NATURE OF SERVICES. - THE SERVICES RENDERED
BY THE PRIVATE LAWYER/S UNDER AND PURSUANT TO THIS ACT
SHALL BE PRO BONO AND ON A PURELY VOLUNTARY BASIS EXCEPT
THAT INCIDENTAL, NECESSARY AND OUT-OF-POCKET EXPENSES
SHALL BE FOR THE ACCOUNT OF THE OFFICE OF THE OMBUDSMAN.

“SEC. 31-C. PROHIBITION ON APPEARANCE. - PRIVATE
LAWYER/S DESIGNATED BY THE OMBUDSMAN UNDER AND
PURSUANT TO THIS ACT AND THE FIRMS TO WHICH THEY BELONG
SHALL, IN CASES WHERE ACTUAL OR POTENTIAL CONFLICT OF
INTEREST ARISES, BE BARRED FROM APPEARING AS COUNSEL OR
AGENT ON ANY OTHER MATTER PENDING BEFORE THE OFFICE OF
THE OMBUDSMAN, AND FROM TRANSACTING BUSINESS DIRECTLY OR
INDIRECTLY WITH THE SAID OFFICE, WHILE THEY ARE DEPUTIZED TO
ASSIST THE OMBUDSMAN.

SEC. 2. Separabilty Clause. — If any of the provisions of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall remain in
force and effect.


SEC. 3. Repealing Clause. — All laws, decrees, ordinance, rules and
tegulation, executive or administrative orders, and other presidential issuances
inconsistent with this Act, are hereby repealed, amended or modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general publication or the
Official Gazette, whichever comes earlier.

Approved,