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Article XI:: Accountability of Public Officers

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Article XI:

Accountability of Public Officers


(The 1987 Constitution of the Republic of the Philippines)
SECTION 1
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.

SECTION 2
The President, Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office, on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust.  All other public officers
and employees may be removed from office as provided by law, but not by impeachment.

SECTION 3
1. The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
2. A verified complaint may be filed by any Member of the House of Representatives or by
any citizen upon a resolution of endorsement by any Member thereof, which shall be
included in the Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter.  The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session
days from such referral, together with the corresponding resolution.  The resolution shall be
calendared for consideration by the House within ten session days from receipt thereof.
3. A vote of at least one-third 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.
4. In case the verified complaint or resolution of impeachment 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.
5. No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
6. 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.  No person shall be convicted without the concurrence of two-thirds of all the
Members of the Senate.
7. Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment
according to law.
8. The Congress shall promulgate its rules on impeachment to effectively carry out the
purpose of this section.
SECTION 4
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.

SECTION 5
There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as 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.

SECTION 6
The officials and employees of the Office of the Ombudsman, other than the Deputies, shall
be appointed by the Ombudsman according to the Civil Service Law.

SECTION 7
The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor.  It
shall continue to function and exercise its powers as now or hereafter may be provided by
law, except those conferred on the Office of the Ombudsman created under this Constitution.

SECTION 8
The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates for any elective office in
the immediately preceding election.  The Ombudsman must have for ten years or more been a
judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this Constitution.

SECTION 9
The Ombudsman and his Deputies shall be appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every
vacancy thereafter.  Such appointments shall require no confirmation.  All vacancies shall be
filled within three months after they occur.

SECTION 10
The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary, which
shall not be decreased during their term of office.

SECTION 11
The Ombudsman and his Deputies shall serve for a term of seven years without reappointment.
They shall not be qualified to run for any office in the election immediately succeeding their
cessation from office.

SECTION 12
The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the
Government, or any agency, subdivision or instrumentality thereof, including government-
owned or controlled corporations, and shall, in appropriate cases, notify the complainants of
the actions taken and the result thereof.

SECTION 13
The Office of the Ombudsman shall have the following powers, functions, and duties:

1. Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.
2. Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties.
3. Direct the officer concerned to take appropriate action against a public official or employee
at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith.
4. Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law, to furnish it with copies of documents relating to contracts and
transactions entered into by his office involving the disbursement or use of public funds or
properties, and report any irregularity to the Commission on Audit for appropriate action.
5. Request any government agency for assistance and information necessary in the discharge of
its responsibilities, and to examine, if necessary, pertinent records and documents.
6. Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.
8. Promulgate its rules and procedure and exercise such other powers or perform such functions
or duties as may be provided by law.
SECTION 14
The Office of the Ombudsman shall enjoy fiscal autonomy.  Its approved annual
appropriations shall be automatically and regularly released.

SECTION 15
The right of the State to recover properties unlawfully acquired by public officials and
employees, from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.

SECTION 16
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, the 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.

SECTION 17
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 with general or flag rank, the declaration shall be disclosed to the public in
the manner provided by law.

SECTION 18
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.

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