Senate Difice of the Serctarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 FEB 10 P3:45 SENATE RECEIVED BY S. No. 1827 Introduced by Senator Rodante D. Marcoleta AN ACT AMENDING SECTIONS 15, 21 AND 25 OF REPUBLIC ACT NO. 6770, OTHERWISE KNOWN AS "THE OMBUDSMAN ACT OF 1989", AND PROVIDING FUNDS THEREFOR EXPLANATORY NOTE The Office of the Ombudsman, as created by the 1987 Constitution, is mandated to act promptly on complaints filed against public officials and employees of the Government. Thus, Republic Act No. 6670 or the Ombudsman Act of 1989 was enacted to enable the Office of the Ombudsman in fulfilling its constitutional mandate of protecting the integrity of public service by deterring all kinds of malfeasance, misfeasance, and nonfeasance as well as the corrupt activities of public officials and employees. However, the powers embodied under R.A. No. 6670 of the Office of the Ombudsman are not enough to efficiently combat the rampant corruption in our government system. Most high officials involved and perpetrators of corruption walk scratch-free from all their misdeeds due to inadequate powers and vagueness in the current procedures. This bill seeks to request any government agency, to include the Congress, Judiciary, and Constitutional Commissions, for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents. Also, the recovery of any consideration made to any government official or employee, regardless of the nature of their position whether appointed or elected, in relation to any government projects or transactions shall be included in the power of the Ombudsman to investigate.
In addition, despite the exception to disciplinary authority of the Ombudsman over impeachable officials and Members of Congress, this measure seeks to recommend the immediate action of the appropriate ethics committee over their members, in which disposition must be rendered not more than sixty (60) days from receipt of the Ombudsman's recommendation. All these proposed amendments will strengthen the powers of the Office of the Ombudsman over previously untouchable officials who are the real culprits behind the despicable system of corruption in the country. In the end, it is for the welfare of the country and the Filipinos that strive to work for against corruption. In view of the foregoing, the passage of this bill is earnestly sought. RODANTE D. MARCOLETA
Senate TWENTIETH CONGRESS OF THE Offite of the Entictatp REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 10 P3:45 SENATE RECEIVED BY: S. No. 1827 Introduced by Senator Rodante D. Marcoleta AN ACT AMENDING SECTIONS 15, 21 AND 25 OF REPUBLIC ACT NO. 6770, OTHERWISE KNOWN AS "THE OMBUDSMAN ACT OF 1989", AND PROVIDING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Expanded Ombudsman
Act".
Sec. 2. Sec.15 of Republic Act No. 6770 is hereby amended to read as follows:
"Section 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties: XXX (3) Direct the officer concerned to take appropriate action against a public officer or employee at fault, or who neglects to perform an act or discharge a duty required by law, and recommend [his] THE SAID PUBLIC OFFICER OR EMPLOYEE'S removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a
ground for disciplinary action against said officer OR EMPLOYEE; XXX (5) Request any government agency, TO INCLUDE THE CONGRESS AND CONSTITUTIONAL COMMISSIONS, for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents; (6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) [and] (4) AND 5 hereof, when circumstances so warrant and with due prudence: Provided, [That the Ombudsman under its rules and regulations may determine what cases may not be made public: Provided, further], That any publicity issued by the Ombudsman shall be balanced, fair and true; Xxx (11) Investigate and initiate the proper action for the recovery of ANY CONSIDERATION MADE TO ANY GOVERNMENT OFFICIAL OR EMPLOYEE, REGARDLESS OF THE NATURE OF THEIR POSITION WHETHER APPOINTIVE OR ELECTIVE, IN RELATION TO ANY GOVERNMENT PROJECTS OR TRANSACTIONS, ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein. The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties."
Sec. 3. Sec. 21 of Republic Act No. 6770 is hereby amended to read as follows:
"Section 21. Officials Subject to Disciplinary Authority; Exceptions. — The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and
agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary. HOWEVER, UPON ESTABLISHMENT OF THE SUFFICIENCY OF A COMPLAINT AGAINST EXCEPTED OFFICIALS, A RECOMMENDATION FOR IMMEDIATE ACTION SHALL BE MADE BY THE OMBUDSMAN ON THE BASIS OF ITS RESOLUTION, TO THE APPROPRIATE ETHICS COMMITTEE, WHICH MUST RENDER ITS DISPOSITION NOT MORE THAN SIXTY (60) DAYS FROM RECEIPT OF THE OMBUDSMAN'S RESOLUTION."
Sec. 4. Sec. 25 of Republic Act No. 6770 is hereby amended to read as follows:
"Section 25. Penalties - (1) In administrative proceedings under [Presidential Decree No. 807] EXECUTIVE ORDER NO. 292 OR THE ADMINISTRATIVE CODE OF 1987, the penalties and rules provided therein shall be applied. (2) In other administrative proceedings, the penalty ranging from suspension without pay for one (1) year to dismissal with forfeiture of benefits or a fine ranging from Five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the discretion of the Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability of the officer or employee found guilty of the complaint or charges."
Sec. 5. Implementing Rules and Regulations. - The Ombudsman shall issue,
within ninety (90) days after the approval of this Act, the necessary rules and regulation relating to the provisions of this Act.
Sec. 6. 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 hereof which are not affected thereby shall continue to be in full force and effect.
Sec. 7. Repealing Clause. - All laws, presidential decrees, executive orders,
2 letters of instructions, proclamations or administrative regulations that are inconsistent 3 with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
5 publication in the Official Gazette or in a newspaper of general circulation. Approved,