This document outlines the accountability of public officers under Philippine law. It discusses the grounds and process for impeachment of public officials, the role and jurisdiction of the Sandiganbayan anti-graft court, the composition and powers of the Office of the Ombudsman in investigating graft cases, and requirements for public officers to disclose their assets and liabilities. Key points include that impeachment can occur for culpable violation of the Constitution, treason, bribery, graft, or betrayal of public trust; the Senate has sole power to try impeachment cases; and the Ombudsman and its investigators have authority to probe administrative and criminal cases against government officials.
This document outlines the accountability of public officers under Philippine law. It discusses the grounds and process for impeachment of public officials, the role and jurisdiction of the Sandiganbayan anti-graft court, the composition and powers of the Office of the Ombudsman in investigating graft cases, and requirements for public officers to disclose their assets and liabilities. Key points include that impeachment can occur for culpable violation of the Constitution, treason, bribery, graft, or betrayal of public trust; the Senate has sole power to try impeachment cases; and the Ombudsman and its investigators have authority to probe administrative and criminal cases against government officials.
This document outlines the accountability of public officers under Philippine law. It discusses the grounds and process for impeachment of public officials, the role and jurisdiction of the Sandiganbayan anti-graft court, the composition and powers of the Office of the Ombudsman in investigating graft cases, and requirements for public officers to disclose their assets and liabilities. Key points include that impeachment can occur for culpable violation of the Constitution, treason, bribery, graft, or betrayal of public trust; the Senate has sole power to try impeachment cases; and the Ombudsman and its investigators have authority to probe administrative and criminal cases against government officials.
This document outlines the accountability of public officers under Philippine law. It discusses the grounds and process for impeachment of public officials, the role and jurisdiction of the Sandiganbayan anti-graft court, the composition and powers of the Office of the Ombudsman in investigating graft cases, and requirements for public officers to disclose their assets and liabilities. Key points include that impeachment can occur for culpable violation of the Constitution, treason, bribery, graft, or betrayal of public trust; the Senate has sole power to try impeachment cases; and the Ombudsman and its investigators have authority to probe administrative and criminal cases against government officials.
GALANZA 2014-0241 POLITICAL LAW REVIEW XIV. ACCOUNTABILITY OF PUBLIC OFFICERS Statement of Policy - Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives [Sec. 1, Art. XI]. Impeachment - Defined - A national inquest into the conduct of public men. - Impeachable Officers - President, Vice President, Chief Justice and Associate Justices of the Supreme Court, Chairmen and Members of the Constitutional Commissions, and the Ombudsman. The foregoing enumeration is exclusive. - An impeachable officer who is a member of the Philippine Bar cannot be disbarred without first being impeached Grounds for Impeachment -
Culpable violation of the Constitution
Treason Bribery graft and corruption, other high crimes betrayal of the public trust. (This enumeration is also exclusive.)
Procedure for Impeachment.
Congress shall promulgate its rules on impeachment to effectively carry out the purpose. a) Initiating impeachment case. The House of Representatives shall have the exclusive power to initiate all cases of impeachment. (i) if there is a finding by the House Committee on Justice that the verified complaint and/ or resolution is sufficient in substance, or (ii) once the House itself affirms or overturns the finding of the Committee on Justice that the verified complaint and/ or resolution is not sufficient in substance, or (iii) by the filing or endorsement before the Secretary General of the House of Representatives of a verified complaint or a resolution of impeachment by at least 1/3 of the members of the House clearly contravene Sec. 3(5) of Article XI of the Constitution, as they give the term initiate a meaning different from filing. The Supreme Court then said that the impeachment case is deemed initiated when the complaint (with the accompanying resolution of indorsement) has been filed with the House of Representatives and referred to the appropriate Committee. - A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof.
FRANCES ANN I. GALANZA
2014-0241 POLITICAL LAW REVIEW - Included in the Order of Business within 10 session days, and referred to the proper Committee within 3 session days. iia) If the verified complaint is filed by at least one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. [There is no need to refer the same to the proper Committee. iii) The Committee, after hearing, and by a majority vote of all its members, shall submit its report to the House within 60 session days from such referral, together with the corresponding resolution. iv) A vote of at least 1/3 of all the members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each member shall be recorded. lva)This procedure will prevent the recurrence of the incident. Limitation on initiating of impeachment case Not more than once within a period of one year against the same official. Trial and decision The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. A decision of conviction must be concurred in by at least two-thirds of all the members of the Senate. Effect of Conviction Removal from office and disqualification to hold any office under the Republic of the Philippines. But the party convicted shall be liable and subject to prosecution, trial and punishment according to law. The Sandiganbayan - The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. 1. Composition - Under P. D. 1606, it is composed of a Presiding Justice and Eight Associate Justices, with the rank of Justice of tjhe Court of Appeals. It sits in three [3] divisions of three members each. See R.A. 8249. 2. Jurisdiction - The following requisites must concur in order that a case may fall under the exclusive jurisdiction of the Sandiganbayan: [a] The offense committed is a violation of R.A. 3019, R.A. 1379, Chapter II, Sec. 2, Title VII, Book II of the Revised Penal Code, Executive Order Nos. 1, 2, 14, and 14-A, issued in 1986, or other offenses or felonies whether simple or complexed with other crimes; [b] The offender committing the offenses (violating R.A. 3019, R.A. 1379, the RPC provisions, and other offenses, isemployee holding any of the positions enumerated in par. a, Sec. 4, R.A. 8249; and
FRANCES ANN I. GALANZA
2014-0241 POLITICAL LAW REVIEW [c] The offense committed is in relation to the office Decisions/Review - The unanimous vote of all the three members shall be required for the pronouncement of judgment by a division. Decisions of the Sandiganbayan shall be reviewable by the Supreme Court on a petition for certiorari. The Ombudsman Composition - An Ombudsman to be known as the Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas and Mindanao. A separate Deputy for the military establishment may likewise be appointed. Qualifications - The Ombudsman and his Deputies must be natural born citizens of the Philippines, at least 40 years of age, of recognized probity and independence, members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have been a judge or engaged in the practice of law for ten years or more. Appointment of the Ombudsman and his Deputies - By the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of at least three nominees for every vacancy thereafter. All vacancies to be filled in three months. a) Term of Office: Seven years without reappointment. b) Rank and Salary: The Ombudsman and his Deputies shall have the rank and salary of Chairman and Members, respectively, of the Constitutional Commissions, and their salary shall not be decreased during their term of office. Fiscal Autonomy The Office of the Ombudsman shall enjoy fiscal autonomy. Disqualifications/lnhibitions During their tenure, shall not hold any other office or employment; shall not engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office; shall not bedirectly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, or any of its subdivisions, etc.; and shall not be qualified to run for any office in the election immediately succeeding their cessation from office. Over the years the scope of the powers of the Ombudsman under Section 12 has been clarified thus settling various disputed issues: 1. The ombudsman can investigate only officers of government owned corporations with original charter. PAL, even when still owned by the government, did not have original charter. 2. The jurisdiction of the Ombudsman over disciplinary cases involving public school teachers 3. The Ombudsman Act authorizes the Ombudsman to impose penalties in administrative cases.
FRANCES ANN I. GALANZA
2014-0241 POLITICAL LAW REVIEW 4. The Special Prosecutor may not file an information without authority from the Ombudsman. 5. The Ombudsman has been conferred rule making power to govern procedures under it. 6. The power to investigate or conduct a preliminary investigation on any Ombudsman case may be exercised by an investigator or prosecutor of the Office of the Ombudsman, or by any Provincial or City Prosecutor or their assistance, either in their regular capacities or as deputized Ombudsman prosecutors. 7. A preventive suspension will only last ninety (90) days, not the entire duration of the criminal case like petitioners seem to think. Indeed, it would be constitutionally proscribed if the suspension were to be of an indefinite duration or for an unreasonable length of time. The Court has thus laid down the rule that preventive suspension may not exceed the maximum period of ninety (90) days, in consonance with Presidential Decree No. 807, now Section 52 of the Administrative Code of 1987
The Special Prosecutor
The existing Tanodbayan (at the time of the adoption of the 1987 Constitution) shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter provided by law, except those conferred on the Office of the Ombudsman created under the Constitution. Ill-gotten Wealth The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel. 1. This provision applies only to civil actions for recovery of ill- gotten wealth and not to criminal cases. Thus, prosecution of offenses Restriction on Loans No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, Vice President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure. Statement of assets, liabilities and net worth A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities and net worth. In the case of the President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces of general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. Allegiance to the State and to the Constitution Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.
