Strengthening the Institutional Capacity of the Office of the Ombudsman

SCHREE Oilse of the Cramary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -5 P2:19 SENATE RECEIVED BY: S. No. 909 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE OFFICE OF THE OMBUDSMAN BY AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 6770, OTHERWISE KNOWN AS "THE OMBUDSMAN ACT OF 1989" AND PROVIDING FUNDS THEREFOR EXPLANATORY NOTE A strong, independent, and well-resourced Office of the Ombudsman is indispensable in upholding integrity, transparency, and accountability in government. As the primary institution mandated to investigate and prosecute public officials involved in graft and corruption, the Office of the Ombudsman plays a central role in the fight against abuse of power and misuse of public funds. However, despite its constitutional mandate, the Office continues to face institutional, operational, and fiscal limitations that hamper its effectiveness and responsiveness. This measure seeks to address these gaps by strengthening the institutional capacity of the Office of the Ombudsman. The proposed measure introduces key reforms to enhance the Office's operational efficiency, expand its investigative and prosecutorial capabilities, and ensure it is adequately supported through sustainable funding. These reforms aim to empower the Office to respond more effectively to complex and high-profile corruption cases and to reduce delays in the delivery of justice.

Filed by Senator Grace Poe in the 19th Congress, this provides for mechanisms that promote public trust, protect whistleblowers, and ensure that accountability systems are not only present but effective. By strengthening the Ombudsman, she reaffirms her belief that government institutions must be equipped not just with legal authority, but with the practical means to fulfill their mandates. This bill is not merely a bureaucratic upgrade it is a clear and urgent call to reinforce the nation's commitment to justice and ethical public service. With widespread public demand for greater accountability in all levels of government, the passage of this measure is both timely and necessary. In view of the foregoing, the immediate approval of this bill is earnestly sought. cigarata l JINGGOY EJERCITO ESTRADA

Schait Office of the checretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -5 P2:19 SENATE RECEIVED BY: S. No. 909 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE OFFICE OF THE OMBUDSMAN BY AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 6770, OTHERWISE KNOWN AS "THE OMBUDSMAN ACT OF 1989" AND PROVIDING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 15 of R.A. No. 6770 is hereby amended to read as follows:

"Sec. 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties: "(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases; "(2) EMPLOY WIRETAPPING AS AN THE INVESTIGATIVE TECHNIQUE WHEN

CIRCUMSTANCES OF A CASE SO WARRANT. FOR THIS PURPOSE, SECTION 3 OF REPUBLIC ACT NO. 4200, OTHERWISE KNOWN AS THE ANTI-WIRETAPPING LAW, IS HEREBY AMENDED TO INCLUDE CASES INVOLVING PLUNDER, VIOLATIONS OF REPUBLIC ACT NO. 3019, FORFEITURE OF ILL-GOTTEN WEALTH UNDER REPUBLIC ACT NO. 1379, CRIMES COMMITTED BY PUBLIC OFFICERS UNDER THE REVISED PENAL CODE AND OTHER GRAFT AND CORRUPTION OFFENSES IN THE CASES FOR WHICH WIRETAPPING MAY BE ALLOWED AFTER AN APPLICATION FOR AND GRANT OF A JUDICIAL AUTHORITY; "[(2)](3) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations [with originat charter], to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties; "[(3)] (4) 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; "[(4)] (5) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action; "[(5)] (6) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents; "[(6)] (7) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3), [and] (4), (5), AND (6) 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; "[(7)] (8) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government, and make recommendations for their elimination and the observance of high standards of ethics and efficiency; "[(8)] (9) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony AT ANY STAGE OF [in] any investigation or inquiry, PROVIDED, THAT IN THE COURSE OF SUCH INVESTIGATION OR INQUIRY, THE OMBUDSMAN SHALL HAVE [including] the power to

examine and have access to bank AND OTHER FINANCIAL accounts, [and] records, AND TRANSACTIONS; "(10) ENTER, VISIT, INSPECT, OR IF CIRCUMSTANCES REQUIRE, BREAK INTO, ANY GOVERNMENT OFFICE OR ANY PUBLIC PREMISES, STRUCTURE OR ESTABLISHMENT, IN THE LAWFUL COURSE OF AN ONGOING CRIMINAL OR ADMINISTRATIVE INVESTIGATION, AND SEIZE ANY OBJECT OR ARTICLE FOUND THEREIN WHICH MAY BE USED IN THE SAID INVESTIGATION, OR DIRECT ANY PUBLIC OFFICER TO DELIVER SUCH OBJECT OR ARTICLE; "[(9)] (11) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein; "[(10)] (12) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise or performance of the powers, functions, and duties herein or hereinafter provided; "[(11)] (13) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein. PROPERTIES LIQUIDATED OR SOLD BY THE GOVERNMENT, AND THOSE RECOVERED, FORFEITED, SURRENDERED AND TRANSFERRED TO THE GOVERNMENT, SHALL BE EXEMPT FROM THE PAYMENT OF ANY NATIONAL OR LOCAL TAXES; "(14) REPRESENT ITSELF, THE REPUBLIC OF THE PHILIPPINES, OR THE PEOPLE OF THE PHILIPPINES IN ANY JUDICIAL, ADMINISTRATIVE, CIVIL OR OFFICIAL PROCEEDING INVOLVING CASES WITHIN ITS JURISDICTION BEFORE ANY COURT,

TRIBUNAL, AGENCY, OR OFFICE WITHOUT NEED OF PRIOR CLEARANCE, AUTHORITY OR DEPUTATION FROM ANY OTHER OFFICE OR AGENCY, INCLUDING THE OFFICE OF THE SOLICITOR GENERAL; "(15) DEPUTIZE PRIVATE LAWYERS TO ACT AS INVESTIGATORS OR PROSECUTORS TO ACT UNDER THE DIRECT CONTROL AND SUPERVISION OF THE OMBUDSMAN IN CASES BEING HANDLED BY THE OFFICE, WHEN SPECIAL AND MERITORIOUS CIRCUMSTANCES SO WARRANT, SUBJECT TO SUCH RULES AND REGULATIONS, INCLUDING PROVISIONS FOR REASONABLE COMPENSATION AND REIMBURSEMENT FOR REASONABLE EXPENSES, AS THE OMBUDSMAN WILL PROMULGATE; AND "(16) CREATE AND ADMINISTER ITS OWN WITNESS PROTECTION AND WHISTLEBLOWING PROGRAMS AND, FOR SUCH PURPOSES, MAINTAIN ITS OWN INTELLIGENCE ENFORCEMENT OR PROTECTIVE SERVICES UNIT FOR THE PROTECTION OF ITS WITNESSES AND WHISTLEBLOWERS. "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. 2. Section 17 of R.A. No. 6770 is hereby amended to read as follows:

"SEC 17. Immunities. - xxx "Under such terms and conditions as It may determine, [taking into account the pertinent provisions of the Rules of Court] the Ombudsman may grant immunity from criminal prosecution to any person whose testimony or whose possession and production of documents or other evidence

may be necessary to determine the truth in any hearing. Inquiry or proceeding being conducted by the Ombudsman or under its authority. In the performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under this and the immediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony nor shall he be exempt from demotion or removal from office. "Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment for contempt and removal of the immunity from criminal prosecution. xxx."

Sec. 3. Section 25 of R.A. No. 6770 is hereby amended to read as follows:

"Sec. 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. "THESE PENALTIES MAY BE IMPLEMENTED DURING ELECTION PERIOD, AMENDING FOR THIS PURPOSE SECTION 261(X) OF BATAS PAMBANSA BLG. 881, OR THE OMNIBUS ELECTION CODE."

Sec. 4. Section 31 of R.A. No. 6770 is hereby amended to read as follows:

"Section 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 government service, OR PRIVATE LAWYERS IN ACCORDANCE WITH SECTION 15(15) OF THIS ACT, to act as special investigator or prosecutor to assist in the investigation and prosecution of certain cases. Those designated or deputized to assist him herein provided shall be under his supervision and control. "xX x."

Sec. 5. Section 27 of R.A. No. 6770 is hereby amended to read as follows:

"Sec. 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the Ombudsman are immediately effective and executory. "A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filed within five (5) days after receipt of written notice and shall be entertained only on any of the following grounds: "(1) New evidence has been discovered which materially affects the order, directive or decision; "(2) Errors of law or irregularities have been committed prejudicial to the interest of the movant. The motion for reconsideration shall be resolved within three (3) days from filing: Provided, That ONLY one motion for reconsideration shall be entertained. "Findings of fact by the Office of the Ombudsman when supported by substantial evidence are conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand, suspension of not more than one (1) MONTH AND FINE OF NOT MORE THAN ONE (1) months salary shall be final and unappealable.

"In all administrative disciplinary cases, orders, directives, or decisions of the Office of the Ombudsman may be appealed to the [Supreme Court by filing a petition for certiorari within ten (10) days- from receipt of the written notice of the order, directive or decision or deniat of the motion for reconsideration in accordance with Rule 45 of the Rules of Court] COURT OF APPEALS ON A VERIFIED PETITION FOR REVIEW UNDER RULE 43 OF THE RULES OF COURT. AN APPEAL SHALL NOT STOP THE DECISION FROM BEING EXECUTORY. "The above rules may be amended or modified by the Office of the Ombudsman as the interest of justice may require."

Sec. 6. Insert a new Section 31-A after Section 31 of R.A. No. 6770 which shall

read as follows: "SEC. 31-A. IMMUNITY FROM SUIT OF OMBUDSMAN INVESTIGATORS AND PROSECUTORS. - OMBUDSMAN INVESTIGATORS AND PROSECUTORS, INCLUDING THOSE DEPUTIZED BY THE OMBUDSMAN PURSUANT TO SECTION 31 HEREOF, SHALL BE IMMUNE FROM CRIMINAL, ADMINISTRATIVE OR CIVIL SUITS ARISING FROM THEIR MANDATE AND THE REGULAR EXERCISE OF THEIR OFFICIAL FUNCTIONS."

Sec. 7. Insert a new Section 36-A after Section 36 of R.A. No. 6770 which shall

read as follows: "SEC. 36-A. ILLEGAL DISCLOSURE OF INFORMATION - IT SHALL BE UNLAWFUL FOR A PERSON WHO RECEIVES A SUBPOENA, OTHER ORDERS, OR REQUESTS FOR INFORMATION FROM THE OFFICE OF THE OMBUDSMAN PURSUANT TO THE EXERCISE OF THE LAITER'S POWERS UNDER SECTION

15 HEREOF TO DISCLOSE INFORMATION CONCERNING SAID ORDERS OR REQUESTS, AND THE PROCEEDINGS RELATED THERETO THAT MAY OBSTRUCT, HINDER OR PREJUDICE THE INVESTIGATION OR PROCEEDINGS. ANY VIOLATION OF THIS SECTION WILL SUBJECT THE OFFENDER TO IMPRISONMENT RANGING FROM SIX (6) MONTHS AND ONE (1) DAY TO THREE (3) YEARS, AND A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN FIVE HUNDRED THOUSAND PESOS (P500,000.00)."

Sec. 8. Implementing Rules and Regulations. - The Ombudsman shall issue,

within ninety (90) days after the approval of this Act, the necessary rules and 14 regulation relating to the provisions of this Act.

Sec. 9. Separability Clause. - If for any reason, any section or provision of this

16 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. 10. Repealing Clause. - All laws, decrees, orders or rules and regulations,

and other issuances which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in two (2) national newspapers of general circulation. Approved,