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This page features the full text of
Republic Act No. 6028Citizen's
Counselor Act of 1969.
REPUBLIC
ACT NO. 6028 AN
ACT TO PROMOTE HIGHER STANDARDS OF EFFICIENCY AND JUSTICE IN THE
ADMINISTRATION
OF LAWS AS WELL AS TO BETTER SECURE THE RIGHT OF THE PEOPLE TO PETITION
THE GOVERNMENT FOR REDRESS OF GRIEVANCES, CREATING THEREFOR THE OFFICE
OF THE CITIZEN'S COUNSELOR.
Section 1. This
Act may be cited as the "Citizen's Counselor Act of 1969".
Sec. 2. The
purposes of this Act are:
(a) to
protect
and better safeguard the constitutional right of the people to petition
the government for redress of grievances; and
(b) to
promote
higher standards of efficiency in the conduct of government business
and
in the administration of justice for better service to the citizens.
Sec. 3. To carry
out the purposes of this Act, there is hereby created an office to be
known
as the Office of the citizen's Counselor to which the President, with
the
consent of the Commission on Appointments, shall appoint an officer to
be known as the Citizen's counselor, hereinafter referred to as the
Counselor.
The Citizen's Counselor shall be assisted by two (2) Associate
Counselors,
who shall be appointed by the President of the Philippines with the
consent
of the Commission on Appointments.
Sec. 4. No person
may be appointed Counselor unless he has been a member of the Supreme
Court
or of the Court of Appeals.
No person may
be appointed Associate Counselor unless he is a citizen of the
Philippines,
at least forty years of age and has for ten (10) years or more been a
judge
of a court of record or engaged actively in the practice of law.
No person may
serve as Counselor or Associate Counselor (a) within two (2) years of
the
last day on which he served as a member of Congress; (b) while he is a
candidate for or holds any other public office; or (c) while he is
actively
engaged in any other calling for profit or reward.
No Counselor
or Associate Counselor shall be a candidate for any public office
within
two (2) years from the last day on which he served as Counselor or
Associate
Counselor.
Sec. 5. Before
entering upon the exercise of the duties of their office, the Counselor
and Associate Counselors shall take an oath that they will not, except
for the purpose of giving effect to this Act, divulge any information
received
by them under this Act.
Sec. 6. The
term of the Counselor and Associate Counselors shall be six (6) years.
They may be reappointed but may not serve more than two (2) terms.
Sec. 7. The
Counselor shall have an annual compensation of thirty-six thousand
pesos
(P36,000.00) and the Associate Counselors shall receive an annual
compensation
of thirty thousand pesos (P30,000.00) each in addition to any pension
or
retirement benefits to which they may be entitled to.
Sec. 8. No Counselor
or Associate Counselor shall be removed from office except upon a
verified
complaint filed by an aggrieved party with the Office of the President
on grounds of serious misconduct or inefficiency. Upon filing of the
complaint,
the President shall constitute a board to be composed of three (3)
former
justices of the Supreme Court and/or Court of Appeals which shall
conduct
an investigation of the charges stated in the complaint and upon a
finding
a guilt after due notice and hearing, the board shall recommend to the
President the removal of the Counselor or Associate Counselor
concerned.
The President may, upon such recommendation, remove from office the
Counselor
or Associate Counselor concerned.
Sec. 9. In case
the Counselor dies, resigns, is removed from office, or in the event of
his inability to perform the duties and powers of his office, they
shall
devolve upon the Associate Counselor designated by the President until
another Counselor is Appointed and has qualified or until such
disability
is removed.
Sec. 10. The
Associate Counselors shall not be removed from office except in the
manner
prescribed for the removal of the Counselor in Section 8 hereof.
The Counselor
shall appoint, subject to the Civil Service law, such other subordinate
officers and employees as may be necessary for the efficient
performance
of the duties and functions of his office. The compensation of such
other
subordinate officers and employees shall be exempt from the position
classification
as determined by the Wage and Position classification Office (WAPCO).
Sec. 11. For
the purpose of this Act:
(1)
"administrative
act" shall mean any action, omission, practice, procedure, decision, or
recommendation;
(2)
"government
agency" shall include any government entity, department, organization,
or institution, and any officer, employee, or member thereof acting or
purporting to act in the exercise of his official duties, except (a)
the
President; (b) Members of the Senate and the House of Representatives;
and, (c) judges of any court of the Philippines, regardless of whether
such court is constitutional or statutory.
Sec. 12. The office
of the Citizen's Counselor shall have jurisdiction to investigate, on a
complaint by any person or on his own motion, any administrative act of
a government agency when he has reasons to believe that such act may be:
(1)
unreasonable,
unjust, oppressive, or improperly discriminatory, even though in
accordance
with law;
(2) under
a
mistake of law or fact, partly or wholly;
(3)
without
adequate statement of reasons;
(4) based
on
grounds that are improper or irrelevant;
(5) done
inefficiently;
(6) in
conflict
with law; or
(7)
otherwise
erroneous.
Sec. 13. The Office
of the Citizen's Counselor, in its discretion, may refuse to
investigate
or may cause to investigate any complaint if:
(1) an
adequate
remedy already exists, or
(2) it is
trivial,
frivolous, vexatious, or is not made in good faith.
In every case where
the Counselor decides not to investigate or that he will cease to
investigate
any complaint, he shall inform the complainant of such decision.
Sec.14. Where,
after investigation, the Counselor is of the opinion that:
(1) a matter
should be further considered by the agency;
(2) an
administrative
act should be modified or cancelled;
(3) a law
or
regulation on which an administrative act is based should be altered
(4)
reasons
should be given for an administrative act; or
(5) any
other
action should be taken by the government agency; the Counselor shall
report
his opinion with his reason/s therefor to the government agency
concerned
with such recommendations as he may think fit and, where he so
recommends,
he may request the government agency concerned to notify him, within a
reasonable time, what the said agency proposes to do thereon.
Where the government
agency concerned, after the lapse of such reasonable time, does not act
upon the recommendations of the Counselor, or refuses to act thereon,
or
acts in a manner unsatisfactory to the Counselor, he may send a copy of
his opinion and recommendations, with any comment he may wish to add
thereto,
to Congress, to the President, to the public, or to any of these,
including
with such copy any reply made by the government agency to such opinion
and recommendations.
Sec. 15. The
Counselor shall in every case inform the complainant, in such manner
and
at such time as he thinks proper, of the result of the investigation,
including
therewith such other comment or information as he may deem fit.
Sec. 16. The
Counselor, within a year after the effectivity of this Act and
thereafter
in each succeeding calendar year, shall make a report on the
proceedings
of his office with his recommendations, if any, as to any measures that
should be taken to better implement and achieve the purposes of this
Act
and shall thereupon submit such report to the President and to Congress.
Sec. 17. In
any report made by the Counselor under this Act, he shall not make any
finding or comment that is adverse to any agency or person unless he
gives
such agency or person an opportunity to be heard.
Sec. 18. If,
during or after an investigation, the Counselor is of the opinion that
there is evidence of a breach of duty or misconduct by any officer or
employee
of a government agency, he shall refer the matter to the proper
authorities
for appropriate action or he may file the necessary complaint with the
corresponding authorities and prosecute the same until the termination
of the preliminary investigation.
Sec. 19. In
order that the Counselor may properly and effectively exercise his
jurisdiction
under Section Twelve hereof, and subject in all respects to the same
restrictions
and qualifications as apply in judicial proceedings of a similar
character,
he may:
(1) issue a subpoena
ad testificandum to compel at specified time and
place
the appearance and sworn testimony of any person who the Counselor
reasonably
believes may be able to give information relating to matter under
investigation;
and
(2) issue
a subpoena duces tecum to compel any person to bring and
produce
documents,
papers, or objects, which the Counselor believes may relate to a matter
under investigation.
Sec. 20. The Counselor
shall have the power to prescribe and issue rules and regulations for
the
conduct of the business of the office, and the reception and evaluation
of evidence shall be guided by administrative rules rather than
judicial
rules.
Sec. 21. Where
the President in writing certifies that the giving of any information
or
the answering of any question or the production of any document, paper,
or object, might prejudice the national security, the Counselor shall
not
require the information or answer to be given or the document or paper
or object to be produced, as the case may be, in any investigation
conducted
by him.
Sec. 22. Every
person holding any office or appointment under the Counselor shall,
before
he begins to perform any official duty under this Act, take an oath, to
be administered by the Counselor, that he will not divulge any
information
received by him under this Act, except for the purpose of giving effect
to this Act. Any person holding any office or appointment under the
Counselor
who divulges any information received by him under this Act, except for
the purposes of giving effect to this Act, shall be punished by
imprisonment
not exceeding two (2) years, without prejudice to his liability,
criminal
or otherwise, under other laws, rules and regulations.
Notwithstanding
anything in the foregoing provisions of this Section, the Counselor may
disclose in any report made by him under this Act such matters as in
his
opinion ought to be disclosed in order to establish grounds for his
conclusions
and recommendations.
Sec. 23. The
records of investigation in the Office of the Counselor shall be
confidential
until a prima facie case shall have been established. Said Office shall
have access to all government records necessary for the performance of
its functions.
Sec. 24. No
proceeding of the Counselor shall be held for want of form, and, except
on the ground of lack of jurisdiction, no proceeding or decision of the
Counselor shall be liable to be challenged, reviewed, quashed, or
called
in question in any court.
Sec. 25. No
proceeding. Civil or criminal, shall lie against the Counselor or
against
any person holding any office or appointment under the Counselor for
anything
he may do or report or say in the course of the exercise or intended
exercise
of his functions under this Act, unless it is shown that he acted with
gross negligence or in evident bad faith.
Sec. 26. This
Act shall not abrogate, abridge, or infringe, or authorize the
abrogation,
abridgment or infringement of any substantive or procedural right or
remedy
existing under any other law, rule or regulation.
Sec. 27. A letter
to the Counselor from a person held in custody by an agency shall be
forwarded
immediately, unopened, to the Counselor.
Sec. 28. Any
person who, without lawful justification or excuse shall:
(a) willfully
obstruct, hinder, or resist the Counselor or any other person in the
exercise
of his powers under this Act; or
(b) refuse
or
willfully fail to comply with any lawful requirement of the Counselor
or
any other person in the exercise of his powers under this Act; or
(c)
willfully
make any false statement to or misleads or attempts to mislead the
Counselor
or any other person in the exercise of his powers under this Act; shall
be punished by a fine not exceeding ten thousand pesos (P10,000.00) or
by imprisonment of not more than one (1) year, or by both such fine and
imprisonment, in the discretion of the court, without prejudice to his
liability, criminal or otherwise, under other laws.
Sec. 29. If, for
any reason, any section or provision of this Act shall be questioned in
any court, and shall be held to be unconstitutional or invalid, no
other
section or provision of this Act shall be affected thereby.
Sec. 30. To
carry out the provisions of this Act, the sum of five hundred thousand
pesos (P500,000.00) or so much thereof as may be necessary, is hereby
authorized
to be appropriated out of the available funds of the National Treasury.
Thereafter, such sums as may be needed for the operation and
maintenance
of the Office of the Citizen's Counselor shall be included in the
annual
general Appropriations Acts.
Sec. 31. This
Act shall take effect upon its approval.
Approved,
August 4, 1969
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