Written report

in
Soc.Sci 12

Submitted by:
Rhenecris T. Bagarinao
BEED II-B ( Wednesday 4:00pm-7:00pm)

Submitted to:
Mr. Jun Rey V. Balbuena, MAT Soc.Sci.
 Article 11
accountability of
public officers

SECTION1
. Public office- the right, authority, and duty created and
conferred by law which, for a given period either fixed by law or
enduring at the pleasure of the appointing power, an individual
is invested with some portion of the sovereign functions of the
government to be exercised by him for the benefit of the public.
Public officer- an individual that is so invested. A public office is
a public trust.It is not a property.
SECTION 2
Impeachment- defined as a method of national inquest into the
conduct of public men. Essentially in the nature of a criminal
prosecution before a quasi-political effort, instituted by a written
accusation called articles of impeachment upon a charge of the
commission of a crime or some official misconduct or neglect.
Officials removed by impeachment.
 The President and the Vice- President, The members of the
Supreme Court,The members of the Constitutional
Commissions,and The Ombudsman, Grounds for Impeachment
1. Culpable violation of the Constitution. 2. Treason 3. Bribery
Direct bribery- the offense committed by any public officer who
shall agree to perform an act constituting a crime, in connection
of his public official duties. Indirect bribery- offense committed
by any public officer who shall accept gifts offered to him by
reason of his office. 4. Graft and Corruption 5. Other high
crimes 6. Betrayal of public trust

SECTION 3
Power to initiate and try impeachment vested in congress The
house of Representative shall have the sole power to initiate all
cases of impeachment. The Senate shall have the sole power to
try all cases of impeachment. Procedure in impeachment cases
Filing of verified complaint. To start an impeachment, there
should be a verified complaint filed against the impeachment
able officer Trial by the Senate. When the senate sits in
impeachment cases its required to be under oath or affirmation.
Requirements for conviction. To convict an officer, the
concurrence of at least 2/3 all members of the Senate is
necessary.
Penalty in Impeachment The penalty to be imposed on an officer
found guilty of an impeachment charge is limited to removal
from office and disqualification to hold any office under the
Republic of the Philippines. No penalty in form of
imprisonment or fine may be imposed. o Effect of resignation
The object of impeachment may not only be the removal of the
accused from the office but also his disqualification to hold any
office under the Republic of the Philippines. o Rules on
impeachment Section3(8) empowers Congress to promulgate its
rules on impeachment to effectively carry out the
SANDIGANBAYAN - the anti-graft court Under the 1973
Constitution, the BatasangPambansa was directed to create a
special court to be known as Sandiganbayan. This court shall
have jurisdiction over civil and criminal cases.

SECTION4
The present anti-graft court known as Sandiganbayan shall
continues to function and exercise its jurisdiction as now or
hereafter may be provided by law.

SECTION 5
There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall deputy and at least one 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 of the Ombudsman,
other than Deputies, shall be appointed by the Ombudsman
according to the Civil Service Law.

SECTION 7
The existing Tanodbayan shall hereafter be known as the Office
of the Special Prosecutor. It shall continue to function and
exercise its power as now or hereafter may be provided be law,
except those conferred on the office of the Ombudsman created
under his Constitution.

SECTION 9
The ombudsman and his deputies shall be appointed by the
president from a list of at least six nominees prepared by the
Judicial and Bar Council.
Tanodbayan- Office of the Ombudsman 1.Creation. The
constitution directly creates the Office of the Ombudsman to be
known as Tanodbayan, categorizing it like the three
Constitutional Commission as independent. 2. Composition. It
is composed of the Ombudsman to be known as Tanodbayan.
Deputy each Luzon, Visayas, and Mindanao. 3. Appointment.
The first Ombudsman and his Deputies
SECTION10
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.

SECTION 11
The ombudsman and his Deputies shall serve for a term of seven
years without reappointment.
Qualifications.Natural born citizen at least 40 years old person
with recognized probity and independence. 5. Disabilities during
there tenure. They are subject to the same disqualifications 6.
Term of Office. The term of office is 7 years without
reappointment. 7. Rank and salary . The annual salary is 204,
000 and deputies is 180,00 8. Appointment of official and
employees. All officials of Ombudsman and Deputies shall
appoint by Tanodbayan.

SECTION 12
Power, function and duties of Ombudsman (1)Accessibility- the
ombudsman make himself available at such hour and place.
(2)Investigatory- the ombudsman may act or conduct
investigation on the basis.
SECTION 13
The Office of the Ombudsman shall have the following powers,
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
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

SECTION 14
The office of the Ombudsman shall enjoy fiscal autonomy. Its
approved annual appropriations shall be automatically and
regularly approved. Fiscal autonomy Like the judiciary and the
Constitutional Commissions, including the Commission on
Human Rights, the Office of the Ombudsman enjoys fiscal
autonomy, to further enhance its independence. It does not have
to request the Office of the President or any government agency
for the release of its approved annual appropriations.
SECTION 15
Makes it clear that the 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 any
of these causes: By prescription, a party having cause of action
is precluded from enforcing his right or resorting to the court for
redress for his failure to do so within a certain period of time
fixed by law.
Laches is the failure or neglect of a party for an unreasonable
and unexplained length of time to assert a right or claim giving
rise to the presumption that he has abandoned it and making it
inequitable to permit the right or claim to be enforced. Estoppel,
an admission or representation is rendered conclusive against
the person making it and cannot be denied or disproved by him
against the person relying thereon.

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 any firm or
entity in which they have controlling interest during their tenure.
SECTION 17
Declaration of assets, liabilities and net worth. The making of
declaration under oath of his assets, liabilities and net worth is
mandatory for every public officer or employee upon
assumption to the officer and cannot be dispended with by law.
The purpose of declaration is to determine the net worth of a
public officials or employee at a given date, such that an
increase in net worth at a subsequent period if unreported and
unexplained, taking into account his known sources of income
and reasonable allowance for living, give rise to the presumption
of that increase represents ill-gotten wealth or untaxed income.

SECTION 18
Duty of allegiance to the State and the Constitution. Public
offices and employees must serve the people with outmost
loyalty and act with patriotism. They owe the State and its
constitution allegiance at all times.