Art - XI

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ARTICLE XI

ACCOUNTABILITY OF PUBLIC OFFICERS

Sec. 1: PUBLIC OFFICE AS 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.
Impeachment is the process of removing from office
high government officials charged with serious
wrongdoing. As a process, impeachment is a formal
inquiry aimed at making public officers accountable to
the people based on the principle that public office is a
public trust.
In contrast, other public officers may be removed
from office through other means: recall for elective local
officials; expulsion for members of Congress; and
criminal or administrative disciplinary proceedings for
public officers in general.
❑ Impeachment is a mode of removing a special class of
public officers the procedure for which is particularly
outlined in the Constitution.

❑ The word “impeach” comes from the Middle English


“empechen” which means “to impede” or “to accuse” and
the Latin “impedicare” which means “to entangle” or “to
put in fetters.” The person impeached is not necessarily
adjudged guilty as impeachment only means that he
has been formally charged with an impeachable offense
but his innocence or guilt is determined in a trial.
IMPEACHABLE OFFICERS:
1. President;
2. Vice-President;
3. Justices of the Supreme Court;
4. Chairmen and Members of the
Constitutional Commissions;
5. Ombudsman.
GROUNDS FOR IMPEACHMENT:

1. Culpable violation of the Constitution;


2. Treason;
3. Bribery;
4. Graft and Corruption;
5. Other high crimes; and
6. Betrayal of public trust.
NOTE: It is an exclusive list. Congress cannot, by law,
add to the list of impeachable offenses. These officers
cannot be charged in court with offenses that have removal
from office as penalty.

BUT AFTER an official has been impeached, he can be


charged with the appropriate offense. Resignation by an
impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached.

All Other Public Officers and Employees: They may be


removed from office as provided by law BUT: NOT by
impeachment
❑ Exclusive Power of House of Representatives
The House of Representatives has exclusive power to
INITIATE all cases of impeachment.

Process of Impeachment
1. Verified Complaint filed by any member of the
house or any citizen upon resolution of endorsement
by any member thereof
2. Included in the order of business within 10 session
days.
3. Referred to the proper committee within 3 session
days of its inclusion.
❑ If the verified complaint is filed by at least one third of all
its members, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith
proceed.
4. The Committee, after hearing, and by majority vote of all its
members, shall submit its report to the House together with the
corresponding resolution.
5. Placing on calendar the Committee resolution within 10 days
from submission;
6. Discussion on the floor of the report;
7. 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.
NOTE: If the verified complaint or resolution of
impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the Articles of
Impeachment. Trial in the Senate shall proceed.

Trial in the Senate


Senate has the sole power to try and decide all cases
of impeachment. For this purpose, the Senators shall be
under oath or affirmation. When the President of the
Philippines is on trial, the CJ of the Supreme Court
presides. However, he/she will not vote.
Trial and Decision in Impeachment
proceedings
1. The Senators take an oath or affirmation.
2. When the President of the Philippines is
on trial the Chief Justice of the Supreme
court shall preside but shall not vote.
3. A decision of conviction must be concurred
in by at least two thirds (2/3) of all the
members of the Senate.
Effect of Conviction:
1. Removal from Office;
2. Disqualification to hold any other office under
the Republic of the Philippines;
3. Party convicted shall be liable and subject to
prosecution, trial and punishment according to
law.

Limitation: Not more than one impeachment case


shall be initiated against the same official within a
period of one year
SANDIGANBAYAN
❑ the anti-graft court shall continue to function
and exercise its jurisdiction as now and
hereafter may be provided by law.

Composition:
❑ 1 Presiding Justice and 14 Associate Justices
with the rank of Justice of the CA.
❑ Sits in 5 divisions of 3 members each.
Decision and Review
❑ unanimous vote of all 3 members
shall be required for the
pronouncement of judgment by a
division. Decision shall be reviewable
by the SC on petition for certiorari.
Jurisdiction of the Sandiganbayan:
1. Original Jurisdiction
a. violations of R.A. 3019 (AGCPA), as amended; R.A.
1379; and Chapter II, Sec. 2, Title VII, Book II of the
Revised Penal Code where one or more of the accused are
officials occupying the following positions in the
government, whether in a permanent, acting or interim
capacity at the time of the commission of the offense:
i. Officials of the Executive branch with the position
of regional director or higher, or with Salary Grade Level
27 (G27) according to R.A. 6758, specifically including:
a. Provincial governors, vice-governors; Board members, provincial
treasurers, assessors, engineers and other provincial department
heads;
b. City mayors, vice-mayors, city councilors; city treasurers,
assessors, engineers and other city department heads;
c. Officials of the diplomatic service from consuls or higher;
d. PA/PAF colonels; PN captains and all officers of higher rank;
e. Officers of the PNP while occupying the position of provincial
director and those holding the rank of senior superintendent or
higher;
f. City/provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
and
g. Presidents, directors, trustees, or managers of GOCC’s state
universities or educational institutions or foundations;
ii. Members of Congress and officials thereof
with G27 and up;
iii. Members of the Judiciary without
prejudice to the Constitution;
iv. Chairmen and members of the
Constitutional Commissions without prejudice
to the Constitution; and
v. All other national and local officials with
G27 or higher;
b. Other offenses or felonies whether simple
or complexed with other crimes committed
by the public officials and employees
mentioned in Subsection a in relation to
their office;

c. Civil and criminal cases filed pursuant to


and in connection with E.O. Nos. 1, 2, 14
and 14-A issued in 1986.
2. Exclusive Original Jurisdiction over petitions for the
issuance of the writs of mandamus, prohibitions,
certiorari, habeas corpus, injunction and other ancillary
writs and processes in aid of its appellate jurisdiction,
Provided, that jurisdiction over these petitions shall be
not exclusive of the Supreme Court; and

3. Exclusive Appellate Jurisdiction over final


judgments, resolutions or orders of regional trial courts
whether in the exercise of their own original jurisdiction
or of their appellate jurisdiction. (RA 8249)
THE OMBUDSMAN
❑ The “champion of the citizens” and “protector of the
people”
❑ Tasked to entertain complaints addressed to him against
erring public officers and take all necessary actions
thereon.

Composition:
1. An Ombudsman to be known as Tanodbayan
2. 1 overall Deputy; and
3. at least 1 Deputy each for Luzon, Visayas and Mindanao;
4. A separate Deputy for the military establishment may
likewise be appointed.
Qualifications of the Ombudsman and his
deputies:
1. Natural born citizen;
2. At least 40 years old;
3. Of recognized probity and independence;
4. Member of the Philippine Bar; and
5. Must not have been candidates for any elective
office in the immediately preceding election.

Term of Office:
• 7 years without reappointment.
Disqualifications and Inhibitions:
During their tenure:
1. Shall not hold any other office or employment;
2. 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;
3. Shall not be financially interested, directly or indirectly,
in any contract with, or in any franchise or privilege
granted by the government, or any of its subdivisions,
etc.;
4. Shall not be qualified to run for any office in the
election immediately succeeding their cessation from
office.
❑ The Constitution and RA 6770 (The Ombudsman Act of
1989) has endowed the Office of the Ombudsman with
a wide latitude of investigatory and prosecutory power
virtually free from legislative, executive or judicial
intervention. The Supreme Court consistently refrains
from interfering with the exercise of its powers, and
respects the initiative and independence inherent in the
Ombudsman who, beholden to no one, acts as the
champion of the people and the preserver of the
integrity of public service. (Loquias v. Office of the
Ombudsman, GR No. 139396, August 15, 2000)
❑ The Ombudsman is clothed with authority
to conduct preliminary investigation and
prosecute all criminal cases involving
public officers and employees, not only
those within the jurisdiction of the
Sandiganbayan but those within the
jurisdiction of the regular courts as well.
(Uy v. Sandiganbayan, GR No. 105965-70, March 20,
2001).
ILL-GOTTEN WEALTH

❑ the right of the State to recover properties


unlawfully acquired by public officials or
employee, from them or from their nominees or
transferees, shall not be barred by
prescription, laches or estoppel (Sec. 15, Art.
XI) but it applies only to civil actions and not to
criminal cases. (Presidential Ad Hoc Fact-Finding
Committee on Behest Loans v. Disierto, GR
No.130140, October 25, 1999)

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