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ACCOUNTABILITY OF PUBLIC conviction must be concurred in by at least two-

thirds of all the members of the Senate.


OFFICERS
d.) Effect of Conviction
A. STATEMENT OF POLICY Removal from office and disqualification to hold
Public office is a public trust. Public officers and any office under the Republic of the Philippines.
employees must at all times be accountable to the But the party convicted shall be liable and subject
people, serve them with utmost responsibility, to prosecution, trial and punishment according to
integrity, loyalty and efficiency, act with law.
patriotism and justice, and
lead modest lives [Sec. 1, Art. XI]. C. THE SANDIGANBAYAN
The present anti-graft court known as the
(1) Read R.A. 6713 Sandiganbayan shall continue to function and
(2) Relate to Liability of Public Officers, LAW OF exercise its jurisdiction as now or hereafter may
PUBLIC OFFICERS be provided by law

B. IMPEACHMENT (1) Composition


(1) Defined Under P. D. 1606, it is composed of:
A national inquest into the conduct of 1. Presiding Justice and
public men 2. 8 Associate Justices, with the rank of
Justice of the Court of Appeals.
(2) Impeachable Officers
a. President It sits in three [3] divisions of three members
b. Vice President each. See R.A. 8249
c. Chief Justice and Associate Justices of the
Supreme Court (2) Jurisdiction
d. Chairmen and Members of the The following requisites must concur in order
Constitutional Commissions that a case may fall under the exclusive jurisdiction
e. Ombudsman. of the Sandiganbayan:
a.) The offense committed is a violation of R.A.
The foregoing enumeration is exclusive. 3019, R.A. 1379, Chapter II, Sec. 2, Title VII,
Book II of the Revised Penal Code,
An impeachable officer who is a member of the Executive Order Nos. 1, 2, 14, and 14-A,
Philippine Bar cannot be disbarred without first issued in 1986, or other offenses or felonies
being impeached whether simple or complexed with other
crimes
(3) Grounds for Impeachment
a. Culpable violation of the Constitution b.) The offender committing the offenses
b. Treason (violating R.A. 3019, R.A. 1379, the RPC
c. Bribery provisions, and other offenses, is employee
d. Graft and corruption holding any of the positions enumerated in
e. Other high crimes, or par. a, Sec. 4, R.A. 8249; and
f. Betrayal of the public trust.
c.) The offense committed is in relation to the
This enumeration is also exclusive. office

(4) Procedure for Impeachment (3) Decisions/Review


Congress shall promulgate its rules on The unanimous vote of all the 3 members
impeachment to effectively carry out the shall be required for the pronouncement of
purpose judgment by a division. Decisions of the
Sandiganbayan shall be reviewable by the
a.) Initiating impeachment case Supreme Court on a petition for certiorari.
(see written diagram)
b.) Limitation on initiating of impeachment case
Not more than once within a period of one year a.) The appellate jurisdiction of the Supreme
against the same official. Court over decisions and final orders of the
Sandiganbayan is limited to questions of law
[Republic v. Sandiganbayan, G.R. No. 135789,
January 31, 2002].
c.) Trial and decision
The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for D. THE OMBUDSMAN
that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines (1) Composition
is on trial, the Chief Justice of the Supreme Court An Ombudsman to be known as the
shall preside, but shall not vote. A decision of Tanodbayan:

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a.) one overall Deputy and 4. shall not be qualified to run for any
office in the election immediately
b.) at least one Deputy each for Luzon, succeeding their cessation from office.
Visayas and Mindanao.
(5) Powers and duties
c.) A separate Deputy for the military 1) The Supreme Court reiterated the rule that the
establishment may likewise be appointed. Office of the Ombudsman has no
jurisdiction to investigate employees of
government- owned or -controlled
(2) Qualifications corporations organized under the
a.) The Ombudsman and his Deputies must be Corporation Code. Based on Sec. 13 (2), Art.
natural born citizens of the Philippines, XI, of the Constitution, the Office of the
Ombudsman exercises jurisdiction only over
b.) at least 40 years of age public officials/employees of GOCCs with
original charters.
c.) of recognized probity and independence
2) Special Prosecutor may prosecute before
d.) members of the Philippine Bar, and the Sandiganbayan judges accused of graft
and corruption, even if they come under the
e.) must not have been candidates for any administrative supervision of the Supreme
elective office in the immediately preceding Court.
election. the Tanodbayan could review and
reverse the findings of the City
f.) The Ombudsman must have been a judge or Fiscal, and order him to withdraw certain
engaged in the practice of law for 10 years or charges, inasmuch as the Presidents
more. power of control (in this instance) is
exercised not by the Secretary of Justice
(3) Appointment of the Ombudsman and his but by the Tanodbayan because the
Deputies offense/s charged were allegedly
By the President from a list of at least six committed by a public functionary in
nominees prepared by the Judicial and Bar connection with her office. But the
Council, and from a list of at least three prosecution of election offenses is a
nominees for every vacancy thereafter. All function belonging to the COMELEC and
vacancies to be filled in three months may not be discharged by the
Tanodbayan
a.) Term of Office
Seven years without reappointment 3) Ombudsman may start an investigation on the
basis of any anonymous letter does not violate
b.) Rank and Salary the equal protection clause. For purposes of
The Ombudsman and his Deputies shall initiating a preliminary investigation
have the rank and salary of Chairman and before the Office of the Ombudsman, a
Members, respectively, of the complaint in any form or manner is
Constitutional Commissions, and their sufficient
salary shall not be decreased during their it was held that Sec. 12, Art. IX of the
term of office. Constitution mandates the Ombudsman
c.) Fiscal Autonomy to act promptly on complaints filed in any
The Office of the Ombudsman shall form or manner against public officials or
enjoy fiscal autonomy. employees of the Government;
accordingly, even if the complaint against
(4) Disqualifications/lnhibitions a particular official or employee is not
During their tenure, drawn up in the usual form, the
1. shall not hold any other office or Ombudsman may still take cognizance of
employment; the case

2. shall not engage in the practice of any 4) Under Sec. 24, R.A. 6770, the Ombudsman or
profession or in the active management his deputy is authorized to preventively
or control of any business which in any suspend any officer or employee under his
way may be affected by the functions of authority pending an investigation
his office; irrespective of whether such officer or
employee is employed in the Office of
3. shall not be directly or indirectly, in any the'Ombudsman or in any other
contract with, or in any franchise or government agency
privilege granted by the: where the Supreme Court said that
a. Government, or whether the evidence of guilt is strong to
b. any of its subdivisions, etc.; and warrant preventive suspension is left to
the determination of the Ombudsman.
There is no need for a preliminary
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hearing such as that required in a petition except those conferred on the Office of the
for bail Ombudsman created under the Constitution

5) Under the Constitution, the Ombudsman shall


have other duties and functions as may be E. ILL-GOTTEN WEALTH
provided by law. Accordingly, the Congress The right of the State to recover properties
can, by statute, prescribe other powers, unlawfully acquired by public officials or employees,
functions and duties to the Ombudsman. from them or from their nominees or transferees,
Thus, because he is authorized under R.A. shall not be barred by prescription, laches or
6770 to utilize the personnel of his office to estoppel.
assist in the investigation of cases, the
Ombudsman may refer cases involving non- 1) This provision applies only to civil actions for
military personnel for investigation by the recovery of ill-gotten wealth and not to criminal
Deputy Ombudsman for Military Affairs cases. Thus, prosecution of offenses relating, or
The Ombudsman can also investigate incident to, or involving ill-gotten wealth in the
criminal offenses committed by public said provision may be barred by prescription
officers which have no relation to their
office 2) Read also Republic Act 1379 [An Act Declaring
Forfeiture in Favor of the State any Property
6) The Ombudsman is also granted by law the Found to Have Been Unlawfully Acquired by any
power to cite for contempt, and this power Public Officer or Employee and Providing for the
may be exercised by the Ombudsman while Procedure Therefor]
conducting preliminary investigation because
preliminary investigation is an exercise of
quasijudicial functions F. RESTRICTION ON LOANS
No loan, guaranty, or other form of financial
7) But Sec. 27, R.A. 6770, which authorizes an accommodation for any business purpose may be
appeal to the Supreme Court from decisions of granted, directly or indirectly, by any government-
the Ombudsman in administrative disciplinary owned or controlled bank or financial institution to
cases, is unconstitutional for violating Sec. 30, the President, Vice President, the Members of the
Art. VI of the Constitution, which prohibits a Cabinet, the Congress, the Supreme Court, and the
law increasing the appellate jurisdiction of the Constitutional Commissions, the Ombudsman, or to
Supreme Court passed without its advice or any firm or entity in which they have controlling
concurrence. Henceforth, all such appeals shall interest, during their tenure.
be made to the Court of Appeals in accordance
with Rule 43 of the Rules of Civil Procedure
G. STATEMENT OF ASSETS, LIABILITIES AND NET
8) the Ombudsman is clothed with the authority WORTH
to conduct preliminary investigation and to A public officer or employee shall, upon
prosecute all criminal cases involving public assumption of office and as often thereafter as
officers and employees, not only those within may be required by law, submit a declaration
the jurisdiction of the Sandiganbayan, but under oath of his assets, liabilities and net worth.
those within the jurisdiction of regular courts In the case of the President, the Vice President,
as well. The clause "any illegal act or omission the Members of the Cabinet, the Congress, the
of any public official is broad enough to Supreme Court, the Constitutional Commissions
embrace any crime committed by a public and other constitutional offices, and officers of the
officer or employee. This Court cannot armed forces of general or flag rank, the
derogate the power by limiting it only to cases declaration shall be disclosed to the public in the
cognizable by the Sandiganbayan manner provided by law.
the Supreme Court held that the power
of the Ombudsman to investigate and to
prosecute, as granted by law, is plenary H. ALLEGIANCE TO THE STATE AND TO THE
and unqualified. It pertains to any act or CONSTITUTION
omission of any public officer or Public officers and employees owe the State and
employee which appears to be illegal, this Constitution allegiance at all times, and any
unjust, improper or inefficient. The law public officer or employee who seeks to change
does not make any distinction between his citizenship or acquire the status of an
cases cognizable by the Sandiganbayan immigrant of another country during his tenure
and those cognizable by regular courts. shall be dealt with by law.

(6) THE SPECIAL PROSECUTOR


The existing Tanodbayan (at the time of the
adoption of the 1987 Constitution) shall hereafter
be known as the Office of the Special Prosecutor.
It shall continue to function and exercise its
powers as now or hereafter provided by law,

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