Senate bill seeks arrest and seizure powers for Ombudsman

A bill seeking to give the Office of the Ombudsman the power to arrest, detain, and execute search and seizures to strengthen the agency’s ability to investigate and prosecute corruption cases has been filed in the Senate.

Senate Bill No. 2394, filed by Senator Panfilo "Ping" Lacson, amends Section 15 of Republic Act No. 6770, or the Ombudsman Act of 1989, by establishing an Ombudsman Marshal Service.

This law enforcement unit would authorize the anti-graft body to serve arrest warrants, hold suspects in custody, and execute lawful searches and seizures.

“In order to strengthen the Office of the Ombudsman in the exercise of its power to investigate it is essential to afford the Office of the Ombudsman the power to effect arrests, detention, searches and seizures,” Lacson said in his explanatory note.

“In accordance with the performance of its mandate imposed by no less than the Constitution itself,” he added.

The proposed amendment establishes the Ombudsman Marshal Service as the primary anti-corruption law enforcement arm of the agency.

Under the bill, the enforcement service is designed to be headed by a special investigator with the rank of a Deputy Ombudsman, with its members serving as peace officers designated as Ombudsman Marshals.

The lead special investigator will hold equivalent rank, compensation, emoluments, benefits, and retirement privileges to those of a deputy ombudsman.

The bill grants the following powers and responsibilities to the Ombudsman Marshal Service:

Powers to effect arrests, detention, searches and seizures, and various forms of investigations in accordance with the law:

• Enforce decisions, resolutions, orders, and writs of the Ombudsman, including citations for contempt as provided by existing laws;
• Carry suitable and adequate firearms for their personal protection in connection with their duties and for the proper protection of witnesses and persons in custody without need of any special permit from any other government agency;
• Enforce any order, writ, or process of the Office of the Ombudsman, the Sandiganbayan, or any anti-corruption court, agency, or unit; and
• Maintain adequate facilities for persons in custody, including detainees under investigation, whistleblowers, and witnesses.

The funding for the service will be sourced from the regular appropriations of the Office of the Ombudsman, to be augmented on a year-to-year basis as may be appropriate “to ensure the performance of its mandate.”

Lacson said creating a dedicated law enforcement arm for the Office of the Ombudsman will significantly bolster the agency's capacity to fulfill its mandate. —VAL, GMA News