article xi: public accountability

Article XIPUBLIC

ACCOUNTABILITY

Reneth Mae C. Arca

BSEd III C

OverviewWhat is the rationale behind public accountability?What constitutional provisions keep public officials in check?What remedies do citizens have against errant public officials?

1987 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.

What is Accountability??

Accountability implies responsibility and public trust. The contemporary emphasis is on everybody’s assuming responsibility and being accountable. The word accountability evokes, to some, a set of lofty ideals intuitively and eminently sensible. To others, it is a normal expectation from anyone entrusted with a responsibility. Accountability is the obligation to render an account for a responsibility conferred. It presumes the existence of at least two parties: one who allocates responsibility and one who accepts it with the undertaking to report upon the manner in which it has been discharged. (Report of the Independent Review Committee [Wilson Committee] on the OAG of Canada, 1975)

What is Accountability??

Accountability is also frequently linked with unfortunate outcomes: when things do not go well, the person who refuses to take the blame is often criticized for not being accountable. Curiously, the person who takes credit for a good deed is not usually described as being accountable. Public accountability involves three interrelated groups: (a) the general public and particularly the recipients of public services who are interested in service providers being accountable to them; (b) political leaders and supervisors of service providers to be accountable for a mixture of public policy and private and parochial interests; and (c) the service providers themselves whose objectives and interests often differ from the first two. (The World Bank, Governance and Development)

Public Accountability

Stems from the fact that public officials are public servantsParticularly important in republican systemsUnderlying principle: public office is a public trust

Enforcing AccountabilitySandiganbayan

Anti-Graft Court

Ombudsman Public prosecutor

OmbudsmanSimilar requirements as a judgeAt least 10 years legal practitioner/judge7-Year term (no reappointment)May not run for public office immediately following the end of the term

ImpeachmentImpeachment refers to a political process whereby the activities of public officials are brought under scrutinyConsequences (if successful):

Removal from officeBan on holding future office

Impeachable Officials

President Vice PresidentSupreme Court MembersOmbudsmanMembers of the Constitutional Commissions

Impeachment: Grounds

Culpable violation of the ConstitutionTreasonBriberyGraft and CorruptionBetrayal of the Public TrustOther high crimes…

Grounds the constitutional grounds for impeachment are culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust.

Culpable Violation of the Constitution

it implies that the impeachable officer acted with full knowledge, malice and deliberate intent to violate the Constitution.

Treason it is a crime committed by any person who, owing allegiance to the Philippines, not being a foreigner, levies war against the government of the Philippines or adheres to its enemies, giving them aid or comfort within the Philippines or elsewhere.

Bribery direct bribery is a crime committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through mediation.

Graft and Corruption

any acts or omissions punishable under the Anti Graft and Corrupt Practices Law. (R.A. 3019)

Other High Crimes

it must be construed to refer to those crimes like treason and bribery which are serious and enormous in nature as to strike at the very life or orderly working of government.

Betrayal of Public trust

any act or omission, criminal or not, committed by an impeachable officer in his oath of office.

Impeachment Process1. Verified Complaint -

Complaint is filed in the House of Representatives;

2. Inclusion within 10 Session Days - Complaint is included in the Order of Busines within ten session days;

Impeachment Process3. Referral within 3 Session Days -

Verified complaint shall be referred to the propere Committee withing three session days.

4. Report and Resolution Within 60 Session Days - the Committe, after hearing, and by majority vote of all its memebers, shall submit its report to the House, together with the corresponding resolution.

Impeachment Process5. Calendar Withing 10

Session Days - The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

Impeachment Process6. Article of Impeachment - The Article

of Impeachment against an impeachable officer ahll be filed with the Senate if there is:* An Affirmed Favorable Resolution* An Overriden ContraryResolution* Complaint filed by 1/3 members of the House

Criminal Law lnvolving Public Officials Anti-Graft and Corruption Practices Act - Pursuant to doctrine of public accountability, Congress enacted RA 3019 to define the acts constituting graft and corrupt practices by public officials and employees and imposing penalty for commision thereof.

Criminal Law lnvolving Public Officials Anti-Plunder Law

- If an ill-gotten wealth reaches an aggregate amount of at least fifty million pesos, the responsible public officer could be held liable for plunder, the penalty for which is from reclusion perpetua to death.

Criminal Law lnvolving Public Officials

Revised Penal Code - The penalty imposed by law to a public official is more severe than the imposed to a private individual, even if both of them perpetrated acts of the same nature. The Revised Penal Code criminalizes several acts committed by public officers such as bribery, arbitrary detention, violation against domiciles, etc.

Other Provisions Article XI-Section 15The 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.

Other Provisions Article XI-Section 16No 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, 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.

Other Provisions Article XI-Section 17A 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.

Other Provisions Article XI-Section 18Public officers and empoyees owe the State and this Constitution allegiance t 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.

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-Asst. Prof. Mary Ann A. ParianSubject Professor