Art - XI
Art - XI
Art - XI
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.
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;
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