Lesson 14: ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

OBJECTIVES:
At the end of this lesson, you are expected to be able to:
 Discuss the Accountability of Public officers in line with the principle of Public Office
is a Public Trust
 Define impeachment and its purpose
 Identify the government officials that are subject for impeachment proceedings
 Explain the duties and functions of the governmental bodies created to ensure the
accountability of public officers

- Public office is a public trust. This statement connotes that the powers of public officials
are founded in the trust that people gave to them during the elections.

- Government offices are created for the general welfare of the people and not for the
personal benefit of a public official nor his political party, family, friends, and relatives.

- The powers of all government offices emanate from the people who entrusted to them
the trust to administer the operation of the state.

IMPEACHMENT

- A political process mandated by the Constitution specifically under Sec. 2 of Art.XI.

- Defined as the method of national inquest into the conduct of public men.

- Its purpose is to secure the powers of some high officials and to see to it that their duties
and functions are well taken without any grave abuse of discretion.

- Extraordinary means of removing some high officials.

Grounds for Impeachment

a. Culpable Violation of the Constitution

b. Treason
c. Bribery
d. Graft and Corruption
e. Other High Crimes
f. Betrayal of Public Trust

Impeachable Officers

a. The President of the Republic of the Philippines;

b. The Vice-President;
c. The Chief Justice and Associate Justices of the Supreme Court;
d. The Officials of the Constitutional Commissions; and
 e. The Ombudsman and his Deputies.

Impeachment Method

a. The House of Representatives has the exclusive power to initiate all cases of
impeachment;

b. An impeachment is instituted by written complaint known as the Articles of

Impeachment, which include the offenses and violations charged. A verified complaint
for impeachment may be filed by any membe r of the said legislative chamber or by any
citizen upon a resolution or endorsement by any member thereof.

c. Impeachment proceedings shall commence with an inquiry of impeachment resolution or

with a direct resolution.

d. In an inquiry of impeachment resolution, after the filing of the verified complaint, the
same shall be included in the Order of Business of the House of Representatives within
session days, and referred to the proper Committee within three (3) session days
subsequently.

e. The committee concerned which has the task to the impeachment case then holds
hearings and investigation relative to the charges;

f. The Committee, after hearing, and by majority of vote of all its members, shall submit its
report to the House within sixty (60) session days from such referral, together with the
corresponding resolution. The resolution shall be calendared for consideration by the
House within ten (10) session days from receipt;

g. A vote of at least one-third of all the Members of the House shall be sufficient either to
affirm a favorable resolution with the Articles of Impeachment of the Committee
concerned, or override its contrary resolution;

h. In a direct resolution, a verified complaint or resolution of impeachment is filed by at

least one-third of the Members of the House; the same shall constitute the Articles of
Impeachment;

i. The Articles of Impeachment is then forwarded to the Senate for a trial that has the
exclusive power to further hear, try, and decide all cases of impeachment. A certain
number of members of the House of Representatives shall act as prosecutors and the
full House of Senate shall be transformed into an impeachment court, whose members
shall formally take an oath of affirmation. When the President of the Philippines is on
trial, the Chief Justice shall preside, but is not entitled to vote;

j. Consequently, the Senate then votes in open session on each Article of Impeachment.
No person shall be convicted without the concurrence of two-thirds of all the members of
thereof; and
 k. No impeachment proceedings shall be initiated against, the same official more than once
within a period of one year.

- When the convicted official is no longer in the public service, the only penalty available is
disqualification.

- If he is still incumbent at the time, both the penalties of removal and disqualification may
be imposed.

- The judgment of the Congress in an impeachment proceeding naturally cannot be

subject to judicial review because the Constitution provides that they have the sole
power to hear, try and decide an impeachment case.

- If there is grave abuse of discretion, then the Supreme Court can take cognizance of the
case provided that it must be properly brought before the highest tribunal.

THE SANDIGANBAYAN and court of appeals are the same rank

- A special court created acted upon civil and criminal cases involving graft and corrupt
practices and such other offenses committed by public officers and employees, including
those in government-owned or controlled corporations, in relation to their office as may
be determined by law.

- Composed of a presiding justice and fourteen (14) associate justices and has the same
rank as the Court of Appeals; its decision is appealable before the Supreme Court.

THE OMBUDSMAN

- The Constitution created the Office of the Ombudsman and thereby cannot be abolished
nor its composition and functions be charged by mere legislation from the Congress.

- The Office of the Ombudsman is formerly known as the Tanodbayan.

- It prosecutes any offenses created by public officers in line with their duties and
functions.

- The Office of the Ombudsman is composed of an Ombudsman, one over-all Deputy, and
at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the
military establishment may likewise be appointed.
Samuel Martinez?
- The Ombudsman and his Deputies must be:

a. Natural born citizen of he Philippines;

b. At least 40 years of age at the time of appointment;
 c. With recognized probity and independence;
d. A member of the Philippine Bar;
e. Not a candidate for any elective position in the immediate preceding election; and
f. A judge for ten (10) years or more or engaged in the practice of law in the country.

- The Ombudsman and his Deputies are appointed by the President from a list prepared
by the Judicial and Bar Council and shall serve their respective office with a term of
seven (7) years without reappointment and are not qualified to run for any office in the
election immediately succeeding their cessation from office.

THE SPECIAL PROSECUTOR

- The earlier Tanodbayan as mandated by the former Constitution in now known as the
Office of the Special Prosecutor.

- Continues to function under the supervision of the Office of the Ombudsman.

- All transactions made by this office require the approval and consent of the Office of the
Ombudsman.