priority legislations

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AMENDMENTS TO THE OMBUDSMAN ACT Lead Agency: Office of the Ombudsman Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations Brief Description The Ombudsman’s Act of 1989 or Republic Act No. 6770 provides the directive for the functional and structural organization of the Office of the Ombudsman. Amendments to the current law to strengthen the institutional capacity of the Office were proposed that will cover, among others, the powers and functions of the Ombudsman and fiscal autonomy of the Office. Specifically, this includes strengthening the subpoena powers and contempt powers of the Ombudsman, which will include access to bank records. Further, the amendment will allow for the immediate implementation of Ombudsman decisions even during election period and protection for whistleblowers in corrupt cases as well as immunity for Ombudsman investigators, complainants and witnesses from criminal, administrative, and civil suits. HOUSE OF REPRESENTATIVES SENATE Bills Filed Status/Remarks Bills Filed Status/Remarks Preventive Suspension: HB 980 (Rep. Tupas) Fiscal Autonomy of the OMB: HB 1691 (Rep. Nograles) Forfeiture Law HB 2205 (Rep. Escude- ro) HB3246 (Rep. Angara- Castillo) Strengthening the Sandiganbayan HB 139 (Rep. Abaya) HB 3992 (Rep. R. Rodriguez) HB 4108 (Rep. Tupas) Pending with the Committee on Justice (Chair: Rep. N. Tupas) HB 980 and HB 1691 were referred to SJPC member agencies on August 12, 2013 for review and preparation of official position papers HB 1691 was also referred to GGACC member agencies for review and preparation of official position papers Ombudsman draft 9DBM and DOJ reservations to be reviewed towards a consensus) No consensus from the cluster Referred to Reps. Tupas, Robredo and Fariñas May be filed on a piece-meal basis or as single omnibus measure bill Referred to SJPC member agencies for review and preparation of official position papers Administration version referred to Reps. Robredo, Tupas and Fariñas; DBM & DOJ reservations to be reviewed towards a consensus Pending with the Committee on Jus- tice (Chair: Rep. N. Tupas) SB 1148 (Sen. Trillanes) Ombudsman Act SB 396 ((Sen. Santiago) Ombudsman Act SB 1725 (Sen. Angara) Amending Sec. 6, Forfei- ture Law (Value of For- feited Properties in Cor- ruption Cases) SB 1606 (Sen. Estrada) Amending Sec. 6, Forfei- ture Law SB 1162 (Sen. Trillanes) Forfeiture Powers of the State SB 605 (Sen. Escudero) Forfeiture Law (Fixed Percentage of the Value of Forfeited Properties) Pending in the Committee on Justice and Human Rights (Chairman: Sen. Pimentel III) TWG Held on Feb. 13, 2014 The Office of the Om- budsman is still on the stage of drafting their version, though, per their DLLS, the Amendments to the Sandiganbayan Act is their top priority followed by the Forfei- ture Law then the Om- budsman Charter

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AMENDMENTS TO THE OMBUDSMAN ACT Lead Agency: Office of the Ombudsman

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The Ombudsman’s Act of 1989 or Republic Act No. 6770 provides the directive for the functional and structural organization of the Office of the Ombudsman. Amendments to the current law to strengthen the institutional capacity of the Office were proposed that will cover, among others, the powers and functions of the Ombudsman and fiscal autonomy of the Office. Specifically, this includes strengthening the subpoena powers and contempt powers of the Ombudsman, which will include access to bank records. Further, the amendment will allow for the immediate implementation of Ombudsman decisions even during election period and protection for whistleblowers in corrupt cases as well as immunity for Ombudsman investigators, complainants and witnesses from criminal, administrative, and civil suits.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

Preventive Suspension: HB 980 (Rep. Tupas)

Fiscal Autonomy of the OMB: HB 1691 (Rep. Nograles)

Forfeiture Law HB 2205 (Rep. Escude- ro) HB3246 (Rep. Angara- Castillo)

Strengthening the Sandiganbayan HB 139 (Rep. Abaya) HB 3992 (Rep. R. Rodriguez) HB 4108 (Rep. Tupas)

Pending with the Committee on Justice (Chair: Rep. N. Tupas) HB 980 and HB 1691 were referred to SJPC member agencies on August 12, 2013 for review and preparation of official position papers HB 1691 was also referred to GGACC member agencies for review and preparation of official position papers Ombudsman draft 9DBM and DOJ reservations to be reviewed towards a consensus) No consensus from the cluster

Referred to Reps. Tupas, Robredo and Fariñas May be filed on a piece-meal basis or as single omnibus measure bill Referred to SJPC member agencies for review and preparation of official position papers Administration version referred to Reps. Robredo, Tupas and Fariñas; DBM & DOJ reservations to be reviewed towards a consensus Pending with the Committee on Jus- tice (Chair: Rep. N. Tupas)

SB 1148 (Sen. Trillanes) Ombudsman Act SB 396 ((Sen. Santiago) Ombudsman Act SB 1725 (Sen. Angara) Amending Sec. 6, Forfei- ture Law (Value of For- feited Properties in Cor- ruption Cases) SB 1606 (Sen. Estrada) Amending Sec. 6, Forfei- ture Law SB 1162 (Sen. Trillanes) Forfeiture Powers of the State SB 605 (Sen. Escudero) Forfeiture Law (Fixed Percentage of the Value of Forfeited Properties)

Pending in the Committee on Justice and Human Rights (Chairman: Sen. Pimentel III) TWG Held on Feb. 13, 2014 The Office of the Om- budsman is still on the stage of drafting their version, though, per their DLLS, the Amendments to the Sandiganbayan Act is their top priority followed by the Forfei- ture Law then the Om- budsman Charter

FREEDOM OF INFORMATION BILL Lead Agency: Presidential Communications Development and Strategic Planning Office

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The proposed Freedom of Information Act aims to mandate the disclosure of public documents. The proposed bill also outlines the exceptions for public disclosure and the procedures for accessing public documents. The Technical Working Group for the Administration Bill agreed to a number of balancing amendments proposed by advocates (such as but not limited to the Right to Know, Right Now Coalition) to address possible government abuse of the exceptions. There are also specific procedures for access remedies in case of denial, and provision for the Freedom of Information Manual or the People’s Ownership of Government Information Manual.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 19 (Rep. Robredo) HB 26 (Rep. Del Mar) HB 34 (Rep. Teodoro) HB 94 (Rep. Baguilat) HB 149 (Rep. Paquiz) HB 347 (Rep. Colmenares) HB 485 (Rep. Biazon) HB 843 (Rep. Tugna) HB 1082 (Rep. Castelo) HB 1450 (Rep. Ramos) HB 1555 (Rep. Suansing) HB 1646 (Rep. Fortuno) HB 1940 (Rep. Antoni- no-Nadres) HB 2003 (Rep. Gutier- rez-Ibarra) HB 2067 (Rep. Nograles) HB 2656 (Rep. D. Arroyo) HB 2946 (Rep. Paez) HB 3004 (Rep. Tambun- ting) HB 3131 (Rep. Romualdo) HB 3147 (Rep. Aglipay) HB 3183 (Rep. J.C. Belmonte) HB 3188 (Rep. Apostol) HB 3237 (Rep. Robredo) HB 3385 (Rep. Villar) PET 01 (People’s Initia- tive) HB 3643 (Rep. Cruz-Gon- zales) HB 3746 (Rep. Aragones)

Pending with the Committee on Public Information (Chair: Rep. J. Almonte) TWG deliberations of the proposed consolidated version on-going. HB 3237 is identical with draft Administration version submitted by PCDSPO Lead Agency: PCDSPO Agency Support: All Government Agencies Referred to GGACC member agen- cies for review and preparation of official position papers Administration version (GGACC draft; no endorsement from the Cluster) Authors have been consolidating support from the Civil Society Orga- nizations

SB 1733/CR 2 People’s Freedom of Informa- tion Act of 2013 (Consolidated/Substituted Per Committee Report No. 2 Sept. 24, 2013) In substitution of PS RES. 102 (Sen. Grace Poe), Freedom of Information Act SB 1219 (Sen. Angara) Freedom of Information Act of 2013 SB 514 (Sen. Legarda) Freedom of Information Act of 2013 SB 217 (Sen. Ejercito) Freedom of Information Act of 2013 SB 90 (Sen. Alan Cayetano) Freedom of Information Act of 2013 SB 74 (Sen. Guingona) People’s Freedom of Informa- tion Act of 2013 SB 64 (Sen.Honasan), People’s Ownership of Govern- ment Information (POGI) Act of 2013 SB 44 (SEN. OSMENA) Freedom of Information Act SB 36 (Sen. Trillanes) Freedom of Information Act of 2013 SB 18 (Sen. Escudero) Freedom of Information Act

Approved on Third Reading

(Mar. 10, 2014)

CIVIL SERVICE CODE Lead Agency: Civil Service Commission

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The pursuit of this priority legislation has been announced by the President during the 2013 State of the Nation Address (SONA). Currently, CSC is drafting its version of the Code. A CSC Technical Working Group (TWG) was created to expedite the drafting of the Code and coordinate with the Presidential Legislative Liaison Office (PLLO) and the Good Governance and Anti-Corruption Cluster of the Legislative Liaison System (LLS) for support for the early passage of the bill.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 153 (Rep. Paquiz)

HB 2400 (Rep. R. Rodriguez)

HB 2902 (Rep. Piamonte)

Pending with the Committee on Civil Service and Professional Regulation (Chair: Rep. A. Salvacion, Jr.) Lead Agency: CSC Agency Support: DBM Referred to GGACC member- agen- cies for review and preparation of official position papers

SB 1174 (Sen. Trillanes) SB 2012 (Sen. J. Estrada)

Pending with the Committee on Civil Service and Government Reorganization (Chairman: Sen. Trillanes) CSC draft for approval of key stakeholders

RETIREMENT AND BENEFITS AND PENSION LAW FOR UNIFORMED PERSONNEL Lead Agency: Department of Budget and Management

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The bill aims to reform the pension system covering the Armed Forces of the Philippines and the Philippine National Police to address sustainability concerns. The bill’s provisions include the removal of the indexation of retirement benefits and pension to the salaries of those in active duty. Instead, DBM and DOF shall be tasked to periodically review these rates and recommend increases for the approval of the President. It will also deactivate the AFP Retirement and Separation Benefits System (AFP-RSBS). New entrants into the system will contribute 9% of their monthly compensation while their employer will contribute 18%. There is also a proposal to return contributions to the AFP-RSBS of active personnel. Any deficiency in funding will be provided by the national government.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

No bill filed yet

WHISTLEBLOWERS PROTECTION ACT Lead Agency: Department of Justice

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The proposed bill seeks to aid in the prosecution of corrupt and erring public officials and employees through the provision of protection and reward for whistle blowers. It proposes to create a Whistle Blower Protection Council chaired by the Over-all Deputy Ombudsman. The council shall evaluate the qualification of whistleblowers and administer the provision of benefits and protection for them. Rewards of up to P400,000 plus 10% of any amount recovered will be provided to whistleblowers. It also grants whistleblowers immunity from liability for disclosures made under this bill.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 135 (Rep. Villar HB 150 (Rep. Paquiz) HB 348 (Rep. Colmenares) HB 1587 (Rep. Escudero) HB 1632 (Rep. R. Rodriguez) HB 2493 (Rep. Quisumbing) HB 2831 (Rep. Arenas)

Pending with the Committee on Justice (Chair: Rep. N. Tupas) Lead Agency: DOJ Agency Support: DBM Referred to GGACC member agen- cies on for review and preparation of official position papers DOJ supports the draft Committee Report

SB 1932 (Sen. Ejercito) Whistleblowers Protection, Security and Benefit Act of 2013 SB 165 (Sen. Trillanes) Whistleblower Protection Act of 2013 SB 189(Sen. Santiago) Whis- tleblowers' Protection Act SB 425(Sen. Escudero) Whis- tleblower Protection Act SB 1286 (Sen. Estrada) Whis- tleblower Protection Act For 2013

These bills are pending in the committee on Justice and Human Rights (Chairman: Sen. Pimentel III) DOJ version sub- mitted to Sen. Pimentel on Feb. 19, 2014 No Committee Hearing Schedule yet

AMENDMENTS TO THE WITNESS PROTECTION, SECURITY AND BENEFIT ACT Lead Agency: Department of Justice

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The Witness Protection, Security, and Benefit Act or Republic Act No. 6981 was approved in 1991. This law affirms the duty of the government to secure witnesses of crimes and their families whose lives may be endangered. The current law needs to be amended in order to improve the conditions and procedures for providing protection and assistance to a witness during investigation and prosecution. Salient features of the bill include a separate witness protection program for legislature, the coverage of law enforc- ers under certain circumstances, additional responsibilities on the part of witnesses, addi- tional education benefits for dependents, automatic immunity from criminal prosecution, and immediate termination of protection benefits upon breach of MOA by witness.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 145 (Rep. Abaya) HB 224 (Rep. Cruz-Gonzales) HB 796 (Rep. Abayon) HB 1628 (Rep. R. Rodriguez) HB 1689 (Nograles) HB 1924 (Rep. D. Arroyo) HB 2069 (Rep. Nograles) HB 2119 (Rep. Teodoro)

Pending with the Committee on Justice(Chair: Rep. N. Tupas) DOJ supports the draft Committee Report Lead Agency: DOJ Agency Support: OP, DBM, OMB

SB 1136 (Sen. Santiago) Witness Confidentiality Act

Pending in the Committee on Justice and Human Rights (Chairman: Sen. Pimentel III) File on Aug. 6, 2013 Read on 1st reading, Aug. 28, 2013 DOJ version submitted to Sen. Pimentel on Feb. 13, 2014

FISCAL RESPONSIBILITY BILL Lead Agency: Department of Budget and Management

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The proposed bill seeks to strengthen fiscal discipline in the public sector. It prescribes a set of principles that promote fiscal sustainability and prudent spending by ending the proliferation of unfunded laws through the implementation of an off-setting mechanism. It also seeks to institutionalize the Performance-Informed Budgeting started in 2013. Salient provisions of the bill are the inclusion of major final outputs and performance indicators in the formulation of the annual budget to be passed by Congress, restriction on the release of Personnel Services appropriations based on the information provided in the Govern- ment Manpower Information Service, and all expenditure bills to be passed by Congress must be offset by measures that provide for a permanent increase in revenue or a perma- nent reduction in other expenditures.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 142 (Rep. Abaya) HB2702 (Rep. Andaya)

Pending with the Committee on Appropriations (Chair: Rep. I. Ungab) Lead Agency: DBM Agency Support: DOF, NEDA Referred to GGACC member agen- cies on for review and preparation of official position papers Administration version (DBM draft; no endorsement from the Cluster) HB 2702 (Rep. Andaya) is a re-file from the 15th Congress based on the DBM draft

SB 626 (Sen. Recto) Fiscal Responsibility Act

Pending in the Committee on Finance: (Chairman: Sen. Escudero) 1st Public Hearing held on Feb. 26, 2014. Sen. Escudero instructed the Com Sec to consolidate everything in preparation for a TWG The DBM is yet to submit the admin version (as reported out on Mar. 6th)

CRIMINAL CODE Lead Agency: Department of Justice

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The proposed bill aims to amend the Revised Penal Code of the Philippines.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 2032 (Rep. Tupas) (Administration bill)

Pending with the Committee on Justice (Chair: Rep. N. Tupas) The Criminal Code Commission held public hearing/consultation in Tagaytay on 3/6/14 for purposes of introducing perfecting amendments. The Committee held a public hearing on September 20, 2013 in Cebu City to explain to the people the merits of the measure and to solicit comments from stakeholders. The Committee agreed to create a TWG to fine tune the provisions of the measure. Present during the hearing were Chair Tupas, reps. Relampagos, Loyola, Salimbangon and Caminero. Present as resource persons were Asst. Sol. Gen. Marissa Guillen, Gov’t. Coporate Counsel Raoul Creencia and Parole Probation Administrator Manuel Co. Lead Agency: DOJ Referred to the SJPC member cluster for review and preparation of official position papers Administration version (DOJ draft; no endorsement from the Cluster)

No Bill Filed No Bill Filed

Public Hearing held at Tagaytay on March 6, 2014

A modified draft on Book I (modification of HB 2300, Rep. Tupas) was created and presented to the SC Justices including CJ Sereno and garnered good response; the Criminal Code Committee (CCC) will prepare the draft HoR Committee Report; same draft will then be endorsed to the Senate together with the draft Book II.

Book II draft is on its final stages, conducting con- sultations and FGD with stakeholders

CRIMINAL INVESTIGATION BILL Lead Agency: Department of Justice

Outcome 4. Improved Policy Environment for Good Governance Sub-outcome 4.1. Greater Support for the Passage of Priority Legislations

Brief Description

The proposed bill seeks to strengthen, streamline and rationalize the criminal investigation process in the country by instituting the following major reforms: 1) harmonize and integrate the functions of the investigating law enforcer and the investigating prosecutor in criminal investigations, 2) repeal Republic Act No. 5180, the law which presently governs the conduct of preliminary investigations. Ultimately, this Bill seeks to streamline the criminal investigation process by providing only two simple steps: criminal investigation, and preliminary hearing.

HOUSE OF REPRESENTATIVES SENATE

Bills Filed Status/Remarks Bills Filed Status/Remarks

HB 2032 (Rep. Tupas) (Administration Bill)

Pending with the Committee on Justice (Chair: Rep. Tupas) The Criminal Code Commission held public hearing/consultation in Tagay- tay on 3/6/14 for purposes of intro- ducing perfecting amendments. The Committee held a public hearing on September 20, 2013 in Cebu City to explain to the people the merits of the measure and to solicit comments from stakeholders. The Committee agreed to create a TWG to fine tune the provisions of the measure. Present during the hearing were Chair Tupas, reps. Relampagos, Loyola, Salimbangon and Caminero. Present as resource persons were Asst. Sol. Gen. Marissa Guillen, Gov’t. Coporate Counsel Raoul Creencia and Parole Probation Administrator Manuel Co. Lead Agency: DOJ Referred to the SJPC member cluster for review and preparation of official position papers Administration version (DOJ draft; no endorsement from the Cluster)

No Bill Filed Administration version endorsed to Sen. Drilon, Sen. Pimentel and Sen. Guingona

Public Hearing held at Tagaytay on March 6, 2014