CHAPTER 17: Accountability of Public Officers

Culpable Violation of the Constitution Wrongful, intentional or flouting or willful of the

IMPEACHMENT An extraordinary means of removal exercised by the legislature over a selected number of officials

disregard

fundamental law Act must be DELIBERATE and motivated by BAD FAITH

Purpose:

to

ensure

highest

care in

the

Treason Committed by any person who, owing allegiance to the Government of the Philippines, levies war against it OR adheres to its enemies by

indictment and conviction taking into account the degree or nature of the offense committed and the status of the wrong doers

Power to impeach a public officer is essentially a non-legislative power.

giving them aid and comfort

Bribery Impeachable Officers 1. President 2. Vice President 3. Members of the Supreme Court 4. Members Commissions 5. Ombudsman of the Constitutional Committed by any public officer who shall agree to perform an act, whether or not constitution a crime, OR refrain from doing an act which he is officially required to do in connection with the performance of his official duties

Grounds for Impeachment Culpable Violation of the Constitution Treason Bribery Other High Crimes Graft and Corruption Betrayal of Public Trust

Other High Crimes Refers to offenses which, like treason and bribery, are of so serious and enormous a nature as to strike at the very life or the orderly workings of the government Excludes offenses as rape and murder which, though serious, will not necessarily strike at the orderly workings of the government

Verified Complaint Proper Committee Graft and Corruption Those acts enumerated in the AntiGraft and Corrupt Practice Act House of Representatives Verified

Complaint becomes Articles of Impeachment Senate

Betrayal of Public Trust Covers all manner of offenses

No

impeachment

proceedings

shall

be

initiated against the same official more than once within a period of one year. (Art. 11 Sec. 3 (5))

unbecoming a public functionary but not punishable by the criminal statutes, like inexcusable negligence of duty, tyrannical abuse of authority, breach of official or, duty by

Constitutional Rights such as Right to Due Process and Against Self-Incrimination are available in these proceedings.

malfeasance

misfeasance,

cronyism, favoritism, obstruction of justice Rules of Court are also observed in the conduct of the trial. Procedure of Impeachment 1. House of Representatives: they alone can INITIATE an impeachment case by a vote of at least one-third of its members Judgment Convicted official is no longer in the Service: the only penalty against him is DISQUALIFICATION

2. Senate: they alone have the power to TRY and DECIDE impeachment case; can convict only by a vote of at least two-thirds of its members

Convicted official is still Incumbent: can be penalized by REMOVAL and DISQUALIFICATION

A judgment in an impeachment proceeding is A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any NOT subject to judicial review because of the vesture in the Senate of the sole power to try and decide all cases of impeachment.

Member. (Art. 11 Sec. 3 (2))

However,

the

courts

may

annul

the

least 1 Deputy each for Luzon, Visayas, and Mindanao, and a separate Deputy for military establishment The appointment of the Ombudsman and his Deputies requires no confirmation by the Commission on Appointments

proceedings if there is a showing of a grave abuse of discretion committed by the Congress OR of non-compliance with the procedural requirements of the Constitution.

Judgment of Conviction in impeachment proceedings is also NOT subject to the Pardoning Power of the President.

They

have

the

same

RANK

and

SALARY as the Chairmen and Associate Commissioners, respectively, of the

Constitutional Commissions Office of the Ombudsman enjoys Fiscal Autonomy and the Power to Appoint its the Own Officials and Employees in SANDIGANBAYAN This tribunal is charged with

direct responsibility of maintaining morality, integrity, and efficiency in the public service Composition: 1 presiding justice and 14 associate justices They have the same rank as the Court of Appeals Sits in 5 Divisions of 3 Justices each; who shall constitute a quorum Its decision may be brought on Certiorari to the Supreme Court

accordance with civil service laws May be removed only through

impeachment

Qualifications Natural-born citizens of the Philippines At least 40 year old at the time of their appointment Recognized probity and independence Members of the Philippine Bar Must not have been candidates for any elective office in the immediately

preceding election OMBUDSMAN The Office of the Ombudsman is a Constitutional Office; may not be abolished nor its composition be changed by ordinary legislation Composition: Ombudsman (a.k.a. Ombudsman: must have been a judge or engaged in the practice of law in the Philippines for 10 years During their tenure, they shall be subject to the same disqualifications as provided and for

prohibitions

Tanodbayan), 1 overall Deputy, and at

Constitutionals Commissions

Appointment Appointed by the President from a list of at least 6 nominees prepared by the Judicial and Bar Council 3 nominees for every vacancy Requires no confirmation from COA All vacancies filled within 3 months after they occur

Term Ombudsman and his Deputies: fixed at 7 years Not staggered like that of the members of Constitutional Commission Disqualified from running for elections immediately following their cessation from office (Purpose: to prevent them from using their offices to strengthen their candidacies in the immediately succeeding election)

Powers and Functions 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 complainants of the action taken and the result thereof. (Art. 11 Sec. 12)

Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents Publicize matters covered by its investigation when circumstances so warrant and with due prudence Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make

recommendations for their elimination and the observance of high standards of ethics and efficiency Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law (Art. 11 Sec. 13)

Special Prosecutor cannot claim to be concurrently the Ombudsman (Zaldivar v. Gonzales)

ILL-GOTTEN WEALTH Unlawfully acquired properties are

supposed to be forfeited to the State

THE SPECIAL PROSECUTOR A.k.a. old Tanodbayan Limited to and charged with the

LOAN No loan, guaranty, or other form of financial accommodation for any

prosecution of Graft and Corruption cases The Prosecution of election offenses is a function belonging to the Commission on Elections and may not be discharged by the Tanodbayan (De Jesus v. People; Jardiel v. Commission on Elections) The Special Prosecutor may prosecute before the Sandiganbayan Judges accused of Graft and Corruption even if they come under the administrative

business purpose may be granted, directly or indirectly, during their tenure (Art. 11 Sec. 16)

ASSETS AND LIABILITIES Requires the filing of a statement of assets and liabilities by certain public officers upon assumption of office

CHANGE OF CITIZENSHIP Lost Citizenship during incumbency will result in forfeiture of the office Such as naturalized in another country, transfers residency in another country, or acquiring a status of an immigrant

supervision of the Supreme Court. But administrative charges against them will defer the filing of criminal charges based on the same defense by the Special Prosecutor before the Sandiganbayan (Orap v. Sandiganbayan) The tanodbayan could review and reverse the findings of a city fiscal and order him to withdraw certain charges filed by him. (Inting v. Tanodbayan)