Accountability of Public Officers

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 justice, and
lead modest lives.
Elements of Public Office:

1.
2.
3.
4.
5.
Must be created by law or ordinance authorized by law;

Must possess sovereign functions of government to be
exercised for public interests;
Functions must be defined expressly or impliedly by law;
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
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
the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman
may be removed from office, on the impeachment
for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption,
other high crimes or betrayal of public trust. All other
public officers and employees may be removed from
office as provided by 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
cont.
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.
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 the
exclusive power to initiate all cases of
impeachment.
Not
more
than
one
impeachment proceeding shall be initiated
against the same official within a period of one
year.
Section 3.
Section 4.
The present anti-graft court known as
Sandiganbayan shall continue to function
and exercise is jurisdiction as now or
hereafter may be provided by law.
Jurisdictions of the
Sandiganbayan
Original
Jurisdiction
Exclusive
Original Jurisdiction
Exclusive
Appellate Jurisdiction
Section 5.
There is hereby created the independent Office
of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one
overall Deputy, at least one Deputy each for
Luzon, Visayas and Mindanao. A separate
Deputy for the military establishment may
likewise 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
separate Deputy for the military establishment may

likewise be appointed
Section 6.
The officials and employees of the
Office of Ombudsman, other than the
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 powers as now or hereafter
may be provided by law, except those
conferred on the Office of the Ombudsman
created under this Constitution.
Section 8.
The Ombudsman and his Deputies shall be naturalborn citizens of the Philippines, and at the time of
their appointment, at least forty years old, of
recognized probity and independence, and members
of the Philippine Bar, and must not have been
candidates for any elective office in the immediately
preceding election. The Ombudsman must have for
ten years or more been a judge or engaged in the
practice 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
Must
of the Philippine Bar; and
not have been candidates for any elective office

in the immediately preceding election
Section 9.
The Ombudsman and his Deputies shall be
appointed by the President from a list at least
six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for
every vacancy thereafter. Such appointments
shall require no confirmation. All vacancies
shall be filled within three months after they
occur.
Section 10.
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.
They shall not be qualified to run for any office in
the election immediately succeeding their
cessation from office.
Section 12.
The Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed
in any form or manner against public officials or
employees of the Government, or any subdivision,
agency or instrumentality thereof including
government-owned or controlled corporations, and
shall, in appropriate cases, notify the complaints of
the action taken and the result thereof.
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 released.
Section 15.
The right of the State to recover properties
unlawfully acquired by public official or
employees, from their nominees or transferees,
shall not be barred by prescription, 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 financial
accommodation for any business purpose may be
granted, directly or indirectly, by any governmentowned 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 to any firm or entity in which they have
controlling interest, during their tenure.
Section 17.
A public officer or employees 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. In the case of the President,
Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional
Commissions and other constitutional offices, and
officers of the armed forces with general or flag rank,
the declaration shall be disclosed to the public in the
manner provided by law.
Section 18.
Public officers and employees owe the State and
this Constitutions allegiance at 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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ARTICLE XI

Elements of Public Office:

Must be created by law or ordinance authorized by law;

legislative and judicial officers;

Eligibility and Qualification

refer to endowments, qualities or

Powers of Public Office

Impeachable Officials are:

Justice and Associate Justices of the

and Members of the Constitutional

Grounds for Impeachment

violation of the Constitution

Verified complaint filed by any members of the house or any citizen

Referred to the proper committee within 3 session days of its

Committee after hearing, and by majority vote of all its

on calendar the Committee resolution within 10 days from

Discussion on the report.

A vote at least one third of all the members of the

from office and,

Composition of the Office of

Ombudsman to be known as Tanodbayan

overall Deputy; and

least 1 Deputy each for Luzon, Visayas and

separate Deputy for the military establishment may

least 40 years old;

recognized probity and independence;

of the Philippine Bar; and

not have been candidates for any elective office

not hold any other office or employment;

not engage in the practice of any profession or in the

not be financially interested, directly or indirectly, in any

not be qualified to run for any office in the election

Prescription is the process of making claim

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