Accountability of Public Officers
Accountability of Public Officers
Accountability of Public Officers
PHILIPPINE CONSTITUTION
ARTICLE XI
Accountability of Public Officers
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.
This mandates that public officials and employees must perform and discharge their
duties and functions with honesty and integrity, act as trustees for the people, and lead
modest lifestyles. This section also prohibits public officials from engaging in any
business, profession, or vocation that is inconsistent with their official duties.
SECTION 2. The President, the 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.
The grounds for impeachment, which include a culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, and betrayal of public trust.
Impeachment is a national inquest into the conduct of public officials, similar to a
criminal prosecution before a quasi-political effort. The President, Vice-President,
members of the Supreme Court, members of the Constitutional Commissions, and the
Ombudsman are subject to impeachment. The offenses of direct and indirect bribery fall
under the category of bribery, while graft and corruption refer to the abuse of public
office for personal gain. Betrayal of public trust involves a breach of faith or violation of a
duty owed to the people.
SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
(2) 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,
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.
In the Philippines, the House of Representatives has the exclusive power to initiate all
impeachment cases, while the Senate is responsible for trying them. To begin an
impeachment, a verified complaint must be filed against the impeachable officer. In
order to convict the officer, the concurrence of at least two-thirds of all members of the
Senate is necessary. The penalty for an officer found guilty of an impeachment charge is
limited to removal from office and disqualification from holding any office under the
Republic of the Philippines. Resignation does not prevent disqualification from holding
office in the future. Congress has the authority to establish rules for impeachment
proceedings to effectively carry out this constitutional provision.
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.
This preserves the function and jurisdiction of the existing anti-graft court, known as the
Sandiganbayan, as established under the 1973 Constitution. The Sandiganbayan will
continue to hear both civil and criminal cases related to corruption and other forms of
malfeasance, as further defined by law. This section ensures the continuity and
effectiveness of the Sandiganbayan, which was created by the Batasang Pambansa in
response to the need for a specialized court to address cases involving public officials
and entities.
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.
This section mandates all public officials and employees to faithfully discharge their
duties and functions in accordance with the Constitution and the law. It also requires
them to act with honesty and integrity and to uphold public interest over personal
interest.
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.
This section provides that public officials and employees shall be accountable for their
actions and decisions, and that they shall be subject to civil, criminal, or administrative
liability for any infraction of the law or violation of their oath of office.
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.
This section requires public officials and employees to file a statement of assets,
liabilities, and net worth (SALN) annually, as a means of preventing corruption and
promoting transparency in public service. It also provides for the establishment of an
independent body to receive, investigate, and act upon complaints against public officials
suspected of violating this provision.
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.
Philippine Constitution sets qualifications and tenure requirements for the Ombudsman
and his deputies, including being natural-born Filipinos, at least 40 years old, of
recognized probity and independence, members of the Philippine Bar, with at least 10
years' experience as a judge or practicing law. During their tenure, they must follow
disqualifications and prohibitions in Article IX-A. These requirements ensure that the
Ombudsman and his deputies have the necessary experience, integrity, and
independence to fight corruption and wrongdoing by public officials.
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 subdivision, agency or instrumentality thereof, including government-owned
or controlled corporations, and shall, in appropriate cases, notify the complainants of the action
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 or 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 of 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 or
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.