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ARTICLE XI.
ACCOUNTABILITY OF
PUBLIC OFFICERS
By: John Paul Espino
De La Salle University – Dasmarinas
Facebook.com/Johnpaul.dss
Public Office
- is a public trust; not a property, nor a contract
- 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
-a method by which persons holding government positions of high authority,
prestige, and dignity and with definite tenure may be removed from office for
causes closely related to their conduct as public officials.
IMPEACHABLE OFFICERS
1. President
2. Vice-President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman
Grounds for Impeachment
1. Culpable violation of the Constitution - willful and intentional breach of the Constitution.
2. Treason-committed by any person who, owing allegiance to the Philippines, not being a foreigner,
levies war against the Philippines or adheres to her enemies.
3. Bribery
a. direct bribery – committed by a public officer who agrees to perform an act constituting a
crime
b. indirect bribery – committed by a public officer who accept gifts offered to him by reason of
his office
4. Graft and Corruption;
5. Other high crimes; and (serious that will affect life and workings of the government)
6. Betrayal of public trust - involves loss of popular support even if the violation may not amount to
a criminal offense.
IMPEACHMENT PROCESS
a. Initiating impeachment case:
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 from its inclusion.
*If the verified complaint is filed by at least 1/3 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 1/3 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
b. Trial and Decision in Impeachment proceedings
1. The Senators take an oath or affirmation.
2. the Chief Justice of the SC shall preside but shall not vote.
3. A decision of conviction must be concurred in by at least 2/3 of all the members of the
Senate.
Effects 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.
Limitations
1. The HR shall have the exclusive power to initiate all cases of impeachment.
2. Not more than 1 impeachment proceeding shall be initiated against the same
official within a period of 1 yr.
SANDIGANBAYAN
- anti-graft court
OMBUDSMAN
-tasked to entertain complaints addressed to him against erring public officers and
take all necessary actions thereon.
Composition of Sandiganbayan
1. An Ombudsman to be known as Tanodbayan;
2. an overall Deputy; and
3. At least 1 Deputy each for Luzon, Visayas and Mindanao;
*A separate Deputy for the military establishment may likewise be appointed.
Qualifications
1. Natural-born citizen;
2. At least 40 yrs old;
3. Of recognized probity and independence;
4. Member of the Philippine Bar; and
5. Must not have been candidates for any elective office immediately preceding
election.
Appointment of the Ombudsman and
his deputies:
By the President from a list of at least 6 nominees prepared by the Judicial and Bar
Council, and from a list of at least 3 nominees for every vacancy thereafter. All
vacancies to be filled in 3 months
■ Term of Office
7 yrs without reappointment

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philippineconstitution-articlexi-180602005335.pdf

  • 1. ARTICLE XI. ACCOUNTABILITY OF PUBLIC OFFICERS By: John Paul Espino De La Salle University – Dasmarinas Facebook.com/Johnpaul.dss
  • 2.
  • 3. Public Office - is a public trust; not a property, nor a contract - 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.
  • 4. IMPEACHMENT -a method by which persons holding government positions of high authority, prestige, and dignity and with definite tenure may be removed from office for causes closely related to their conduct as public officials.
  • 5. IMPEACHABLE OFFICERS 1. President 2. Vice-President 3. Members of the Supreme Court 4. Members of the Constitutional Commissions 5. Ombudsman
  • 6. Grounds for Impeachment 1. Culpable violation of the Constitution - willful and intentional breach of the Constitution. 2. Treason-committed by any person who, owing allegiance to the Philippines, not being a foreigner, levies war against the Philippines or adheres to her enemies. 3. Bribery a. direct bribery – committed by a public officer who agrees to perform an act constituting a crime b. indirect bribery – committed by a public officer who accept gifts offered to him by reason of his office
  • 7. 4. Graft and Corruption; 5. Other high crimes; and (serious that will affect life and workings of the government) 6. Betrayal of public trust - involves loss of popular support even if the violation may not amount to a criminal offense.
  • 8. IMPEACHMENT PROCESS a. Initiating impeachment case: 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 from its inclusion. *If the verified complaint is filed by at least 1/3 of all its members, the same shall constitute the Articles of impeachment, and trial by the Senate shall forthwith proceed.
  • 9. 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 1/3 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
  • 10. b. Trial and Decision in Impeachment proceedings 1. The Senators take an oath or affirmation. 2. the Chief Justice of the SC shall preside but shall not vote. 3. A decision of conviction must be concurred in by at least 2/3 of all the members of the Senate.
  • 11. Effects 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.
  • 12. Limitations 1. The HR shall have the exclusive power to initiate all cases of impeachment. 2. Not more than 1 impeachment proceeding shall be initiated against the same official within a period of 1 yr.
  • 13. SANDIGANBAYAN - anti-graft court OMBUDSMAN -tasked to entertain complaints addressed to him against erring public officers and take all necessary actions thereon.
  • 14. Composition of Sandiganbayan 1. An Ombudsman to be known as Tanodbayan; 2. an overall Deputy; and 3. At least 1 Deputy each for Luzon, Visayas and Mindanao; *A separate Deputy for the military establishment may likewise be appointed.
  • 15. Qualifications 1. Natural-born citizen; 2. At least 40 yrs old; 3. Of recognized probity and independence; 4. Member of the Philippine Bar; and 5. Must not have been candidates for any elective office immediately preceding election.
  • 16. Appointment of the Ombudsman and his deputies: By the President from a list of at least 6 nominees prepared by the Judicial and Bar Council, and from a list of at least 3 nominees for every vacancy thereafter. All vacancies to be filled in 3 months ■ Term of Office 7 yrs without reappointment