MANILA — Mamamayang Liberal Partylist Representative Leila de Lima has filed a bill seeking to strengthen the powers of the Office of the Ombudsman, allowing it to access bank accounts and financial records under investigation without the need for a court order.

Under House Bill No. 5701, De Lima proposes amendments to Section 15(8) of Republic Act No. 6770 (The Ombudsman Act of 1989) and Section 2 of Republic Act No. 1405 (The Bank Secrecy Law). The measure aims to give the Ombudsman explicit authority to inspect bank records during investigations, even when no case has yet been filed in court.

“The Office of the Ombudsman – the primary authority in the fight against corruption – has to go through the court if it wants to access and examine bank accounts and records,” De Lima said in a statement. “A Supreme Court ruling has hindered the swift investigation of the Ombudsman, as it has practically rendered useless the Ombudsman’s power to issue subpoenas with respect to bank records and accounts.”

Supreme Court Ruling and Calls for Reform

De Lima cited the 2021 Supreme Court decision in Marquez v. Desierto, which held that the Ombudsman cannot access or examine bank accounts in the absence of a pending court case.

“To clarify this matter and to supplant Marquez, there is a need to amend Section 15(8) of RA 6770 and Section 2 of RA 1405 to expressly grant the Office of the Ombudsman the authority to examine and access bank accounts and records, without the necessity of going to court,” she said.

De Lima warned that the ruling, combined with former Ombudsman Samuel Martires’ restrictions on public access to Statements of Assets, Liabilities and Net Worth (SALNs), has fostered a “culture of secrecy” and weakened transparency in government.

“This will not only strengthen the subpoena power of the Office of the Ombudsman, aiding it in its investigation of allegations of anomalies and irregularities in the government,” she said. “This will also help in deterring corrupt officials and their accomplices in taking advantage of legal loopholes in our banking system.”

Proposal Amid Corruption Concerns

If enacted, the Ombudsman would have the authority to “administer oaths, issue subpoenas, and examine bank accounts and records” without requiring a court order.

De Lima said that billions in public funds have been misused through fraudulent government projects.

“Ayon sa mga nabunyag sa mga imbestigasyon, trilyong piso mula sa kaban ng bayan ang hindi nagamit para sa mga proyektong dapat sana ay mapapakinabangan at makakatulong sa mga Pilipino,” she said. “Instead, the money flowed into the hands of certain corrupt politicians, middlemen, government personnel, and private contractors.”

She linked the proposal to the ongoing flood control corruption scandal that has recently gripped the Marcos administration, arguing that greater investigative powers for the Ombudsman are essential to curb systemic graft.

“With trillions of pesos lost to corruption, empowering the Ombudsman to act independently of the courts is crucial to holding accountable those who misuse public funds,” De Lima said.

“Now more than ever, the Ombudsman, as the people’s guardian, must be empowered to investigate these anomalies, especially since corrupt officials continue to exploit loopholes in the law to conceal their wrongdoing.”

She also warned of “unchecked flows of dirty money” and possible money laundering activities made possible by weak enforcement mechanisms within the country’s banking system.

“Ngayon higit kailanman, kailangang palakasin ang kapangyarihan ng Ombudsman, bilang Tanodbayan, sa pag-iimbestiga sa mga anomalyang ito, lalo pa’t ginagamit ng mga korap ang mga butas sa batas para hindi mabisto at mapagtakpan ang kanilang mga kabulastugan,” she stressed.

📷 Leila de Lima FB