ACCOUNTABILITY OF PUBLIC OFFICERS

ARTICLE XI

Section 1.

Public office is a public trust. Public officers andemployees must at all times be accountable tothe people, serve them with utmost responsibility,integrity, loyalty, and efficiency, act withpatriotism justice, and lead modest lives.

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.

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.

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.

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.

Section 2.

The President, the Vice-President, the Members of theSupreme Court, the Members of the ConstitutionalCommissions, and the Ombudsman may be removedfrom office, on the impeachment for, and convictionof, culpable violation of the Constitution, treason,bribery, graft and corruption, other high crimes orbetrayal of public trust. All other public officers andemployees may be removed from office as providedby law, not by impeachment.

Impeachable Officials are:

President

Vice-President

Chief Justice and Associate Justices of the Supreme Court

Chairmen and Members of the Constitutional

Commissions

Ombudsman

Grounds for Impeachment are:

Culpable violation of the Constitution

Treason

Bribery

Graft and corruption

Other high crimes

Betrayal of public trust

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.

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.

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.

Limitations on Impeachment

The House of Representatives shall have theexclusive power to initiate all cases of impeachment.Not more than one impeachment proceeding shall beinitiated against the same official within a period ofone year.

Section 3.

Section 4.

The present anti-graft court known asSandiganbayan shall continue to function andexercise is jurisdiction as now or hereafter may beprovided by law.

Jurisdictions of the Sandiganbayan

Original Jurisdiction

Exclusive Original Jurisdiction

Exclusive Appellate Jurisdiction

Section 5.

There is hereby created the independent Office of theOmbudsman, composed of the Ombudsman to beknown as Tanodbayan, one overall Deputy, at least oneDeputy each for Luzon, Visayas and Mindanao. Aseparate Deputy for the military establishment maylikewise be appointed

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

Section 6.

The officials and employees of the Office ofOmbudsman, other than the Deputies, shallbe appointed by the Ombudsman accordingto the Civil Service Law.

Section 7.

The existing Tanodbayan shall hereafter beknown as the Office of the Special Prosecutor. Itshall continue to function and exercise its powersas now or hereafter may be provided by law,except those conferred on the Office of theOmbudsman created under this Constitution.

Section 8.

The Ombudsman and his Deputies shall be natural-borncitizens of the Philippines, and at the time of theirappointment, at least forty years old, of recognized probityand independence, and members of the Philippine Bar, andmust not have been candidates for any elective office inthe immediately preceding election. The Ombudsman musthave for ten years or more been a judge or engaged in thepractice of law in the Philippines.

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

Section 9.

The Ombudsman and his Deputies shall beappointed by the President from a list at least sixnominees prepared by the Judicial and BarCouncil, and from a list of three nominees forevery vacancy thereafter. Such appointments shallrequire no confirmation. All vacancies shall befilled within three months after they occur.

Section 10.

The Ombudsman and his Deputies shall have the rankof Chairman and Members, Respectively, of theConstitution Commissions, and they shall not bequalified to run for any office in the electionimmediately succeeding their term of office.

Section 11.

The Ombudsman and his Deputies shall serve for a termof seven years without reappointment. They shall not bequalified to run for any office in the electionimmediately succeeding their cessation from office.

Section 12.

The Ombudsman and his Deputies, as protectors of thepeople, shall act promptly on complaints filed in anyform or manner against public officials or employees ofthe Government, or any subdivision, agency orinstrumentality thereof including government-owned orcontrolled corporations, and shall, in appropriate cases,notify the complaints of the action taken and the resultthereof.

Section 13.

The Office of the Ombudsman shall have the followingpowers, functions, and duties:

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 activemanagement or control of any business which in any way may beaffected by the function of his office.

3. Shall not be financially interested, directly or indirectly, in any contractwith, or in any franchise or privilege granted by the government, orany of its subdivisions, etc.; and

4. Shall not be qualified to run for any office in the election immediatelysucceeding their cessation from office.

Section 14.

The Office of the Ombudsman shall enjoy fiscalautonomy. Its approved annual appropriations shall beautomatically and regularly released.

Section 15.

The right of the State to recover properties unlawfullyacquired by public official or employees, from theirnominees or transferees, shall not be barred byprescription, laches, or estoppel.

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.

Section 16.

No loan, guaranty, or other form of financialaccommodation for any business purpose may begranted, directly or indirectly, by any government-owned or controlled bank or financial institution to thePresident, the Vice-President, the Members of theCabinet, the Congress, the Supreme Court, and theConstitutional Commissions. The Ombudsman, or toany firm or entity in which they have controllinginterest, during their tenure.

Section 17.

A public officer or employees shall, upon assumption ofoffice and as often thereafter as may be required by law,submit a declaration under oath of his assets, liabilities andnet worth. In the case of the President, Vice-President, theMembers of the Cabinet, the Congress, the Supreme Court,and the Constitutional Commissions and otherconstitutional offices, and officers of the armed forces withgeneral or flag rank, the declaration shall be disclosed tothe public in the manner provided by law.

Section 18.

Public officers and employees owe the State and thisConstitutions allegiance at all times, and any publicofficer or employee who seeks to change his citizenshipor acquire the status of an immigrant of anothercountry during his tenure shall be dealt with by law.