This document outlines the accountability of public officers under the Philippine Constitution. It discusses the nature of public office and the powers and duties of office holders. It also describes the qualifications, appointment process, and powers of the Office of the Ombudsman, which is tasked with investigating complaints against public officials and acts as a watchdog over the government. Public officers are expected to serve the people with integrity and be accountable to prevent corruption and abuse of power.
2. 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 justice, and lead modest lives.
3. Elements of Public Office:
1. Must be created by law or ordinance authorized by law;
2. Must possess sovereign functions of government to be exercised for
public interests;
3. Functions must be defined expressly or impliedly by law;
4. Functions must be exercised by an officer directly under control of
law, not under that of a superior officer unless they are functioned
conferred by law upon inferior officers, who by law, are under control
of a superior; and
5. Must have some permanency or continuity, not temporary or
occasional.
4. Classification of Public Officers
Executive, legislative and judicial officers;
Discretionary or ministerial officers;
Civil or military;
Officers de jure r de facto; and
National, provincial or municipal officials.
5. Eligibility and Qualification has Two
Senses
May refer to endowments, qualities or attributes
which make an individual eligible for public office.
May refer to act an entering into performance of
functions of public office.
6. Powers of Public Office
Ministerial - discharge is imperative and
requires neither judgment nor discretion,
mandamus will lie; and
Discretionary – imposed by law wherein officer
has right to decide how and when duty shall
be performed, mandamus will not lie.
7. 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 the 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, not by impeachment.
9. Grounds for Impeachment are:
Culpable violation of the Constitution
Treason
Bribery
Graft and corruption
Other high crimes
Betrayal of public trust
10. Process of Impeachment
1. Verified complaint filed by any members of the house or any citizen
upon resolution of endorsement by any member thereof included in
the order of business within 10 session days;
2. Referred to the proper committee within 3 session days of its
inclusion
- if verified complaint is filed at least one third of its members, the
same shall constitute the Articles of Impeachment, and trial by the Senate
shall forthwith proceed.
The Committee after hearing, and by majority vote of all its
members, shall submit its report to the House together with the
corresponding resolution.
Placing on calendar the Committee resolution within 10 days from
submission.
11. Process of Impeachment
3. Discussion on the report.
4. A vote at least one third of all the members of the House
shall be necessary either to affirm a resolution with the
Articles of Impeachment of the Committee or override its
contrary.
cont.
12. Effects of Conviction Impeachment
Removal from office and,
Disqualification to hold any office under
the republic of the Philippines, and
Party convicted shall be liable and
subject to prosecution, trial and
punishment according to law.
13. Limitations on Impeachment
The House of Representatives shall have the
exclusive power to initiate all cases of impeachment.
Not more than one impeachment proceeding shall be
initiated against the same official within a period of
one year.
15. Section 4.
The present anti-graft court known as
Sandiganbayan shall continue to function and
exercise is jurisdiction as now or hereafter may be
provided by law.
16. Jurisdictions of the Sandiganbayan
Original Jurisdiction
Exclusive Original Jurisdiction
Exclusive Appellate Jurisdiction
17. Section 5.
There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy, at least one
Deputy each for Luzon, Visayas and Mindanao. A
separate Deputy for the military establishment may
likewise be appointed
18. Composition of the Office of
Ombudsman
An Ombudsman to be known as Tanodbayan
One(1) overall Deputy; and
At least 1 Deputy each for Luzon, Visayas and Mindanao
A separate Deputy for the military establishment may likewise
be appointed
19. Section 6.
The officials and employees of the Office of
Ombudsman, other than the Deputies, shall
be appointed by the Ombudsman according
to the Civil Service Law.
20. 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.
21. 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.
22. Qualifications of the Ombudsman and
his Deputies
Natural born citizen;
At least 40 years old;
Of recognized probity and independence;
Member of the Philippine Bar; and
Must not have been candidates for any elective office in the
immediately preceding election
23. Section 9.
The Ombudsman and his Deputies shall be
appointed by the President from a list 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.
24. Section 10.
The Ombudsman and his Deputies shall have the rank
of Chairman and Members, Respectively, of the
Constitution Commissions, and they shall not be
qualified to run for any office in the election
immediately succeeding their term of office.
25. 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.
26. 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 complaints of the action taken and the result
thereof.
27. Section 13.
The Office of the Ombudsman shall have the following
powers, functions, and duties:
28. 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 function 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.; and
4. Shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.
29. Section 14.
The Office of the Ombudsman shall enjoy fiscal
autonomy. Its approved annual appropriations shall be
automatically and regularly released.
30. Section 15.
The right of the State to recover properties unlawfully
acquired by public official or employees, from their
nominees or transferees, shall not be barred by
prescription, laches, or estoppel.
31. Prescription is the process of making claim to
something by long use and enjoyment.
Laches is the neglect to assert a right or claim
that, together with lapse of time and other
circumstances, prejudices an adverse party.
Estoppel is a legal bar, which precludes someone
from denying the truth of a fact, which has been
determined in an official proceeding or by an
authoritative body.
32. 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.
33. Section 17.
A public officer or employees 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, Vice-President, the
Members of the Cabinet, the Congress, the Supreme Court,
and 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.
34. Section 18.
Public officers and employees owe the State and this
Constitutions 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.
