CHAPTER 17: Accountability of Public Officers Culpable Violation of the Constitution

 Wrongful, intentional or willful

IMPEACHMENT disregard or flouting of the
 An extraordinary means of removal fundamental law
exercised by the legislature over a  Act must be DELIBERATE and
selected number of officials motivated by BAD FAITH

Purpose: to ensure highest care in the Treason

indictment and conviction taking into account  Committed by any person who,
the degree or nature of the offense committed owing allegiance to the Government
and the status of the wrong doers of the Philippines, levies war against
it OR adheres to its enemies by
Power to impeach a public officer is essentially a giving them aid and comfort
non-legislative power.
Bribery

Impeachable Officers  Committed by any public officer who

1. President shall agree to perform an act, whether

2. Vice President or not constitution a crime, OR

3. Members of the Supreme Court refrain from doing an act which he is

4. Members of the Constitutional officially required to do in connection

Commissions with the performance of his official

5. Ombudsman duties

Grounds for Impeachment Other High Crimes

 Culpable Violation of the Constitution  Refers to offenses “which, like

treason and bribery, are of so serious
 Treason
and enormous a nature as to strike at
 Bribery
the very life or the orderly workings
 Other High Crimes
of the government”
 Graft and Corruption
 Excludes offenses as rape and murder
 Betrayal of Public Trust
which, though serious, will not
necessarily strike at the orderly
workings of the government
 Verified Complaint  Proper Committee 
Graft and Corruption House of Representatives  Verified
 Those acts enumerated in the Anti- Complaint becomes Articles of Impeachment
Graft and Corrupt Practice Act  Senate

Betrayal of Public Trust No impeachment proceedings shall be

 Covers all manner of offenses initiated against the same official more than
unbecoming a public functionary but once within a period of one year. (Art. 11
not punishable by the criminal Sec. 3 (5))
statutes, like “inexcusable negligence
of duty, tyrannical abuse of authority, Constitutional Rights such as Right to Due
breach of official duty by Process and Against Self-Incrimination are
malfeasance or, misfeasance, available in these proceedings.
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 Judgment
can INITIATE an impeachment case  Convicted official is no longer in the
by a vote of at least one-third of its Service: the only penalty against him
members 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
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
Member. (Art. 11 Sec. 3 (2))
 Convicted official is still Incumbent:
can be penalized by REMOVAL and
DISQUALIFICATION
A judgment in an impeachment proceeding is
NOT subject to judicial review because of
the vesture in the Senate of the “sole power
to try and decide all cases of impeachment”.
any
 However, the courts may annul the least 1 Deputy each for Luzon, Visayas,
proceedings if there is a showing of a grave and Mindanao, and a separate Deputy for
abuse of discretion committed by the military establishment
Congress OR of non-compliance with the  The appointment of the Ombudsman and
procedural requirements of the Constitution. his Deputies requires no confirmation
by the Commission on Appointments
Judgment of Conviction in impeachment  They have the same RANK and
proceedings is also NOT subject to the SALARY as the Chairmen and Associate
Pardoning Power of the President. Commissioners, respectively, of the
Constitutional Commissions
 Office of the Ombudsman enjoys Fiscal
SANDIGANBAYAN Autonomy and the Power to Appoint its
 This tribunal is charged with the Own Officials and Employees in
direct responsibility of maintaining accordance with civil service laws
morality, integrity, and efficiency in  May be removed only through
the public service impeachment
 Composition: 1 presiding justice and
14 associate justices Qualifications
 They have the same rank as the Court  Natural-born citizens of the Philippines
of Appeals  At least 40 year old at the time of their
 Sits in 5 Divisions of 3 Justices each; appointment
who shall constitute a quorum  Recognized probity and independence
 Its decision may be brought on  Members of the Philippine Bar
Certiorari to the Supreme Court  Must not have been candidates for any
elective office in the immediately
preceding election
OMBUDSMAN  Ombudsman: must have been a judge or
 The Office of the Ombudsman is a engaged in the practice of law in the
Constitutional Office; may not be Philippines for 10 years
abolished nor its composition be changed  During their tenure, they shall be subject
by ordinary legislation to the same disqualifications and
 Composition: Ombudsman (a.k.a. prohibitions as provided for
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  Special Prosecutor cannot claim to be
and the observance of high standards of concurrently the Ombudsman (Zaldivar
ethics and efficiency
 Promulgate its rules of procedure and v. Gonzales)
exercise such other powers or perform
such functions or duties as may be ILL-GOTTEN WEALTH
provided by law
 Unlawfully acquired properties are
(Art. 11 Sec. 13) supposed to be forfeited to the State

THE SPECIAL PROSECUTOR LOAN

 A.k.a. “old Tanodbayan”  No loan, guaranty, or other form of

financial accommodation for any
 Limited to and charged with the
business purpose may be granted, directly
prosecution of Graft and Corruption
or indirectly, … during their tenure (Art.
cases
11 Sec. 16)
 The Prosecution of election offenses is a
function belonging to the Commission on
ASSETS AND LIABILITIES
Elections and may not be discharged by
 Requires the filing of a statement of
the Tanodbayan (De Jesus v. People;
assets and liabilities by certain public
Jardiel v. Commission on Elections)
officers upon assumption of office
 The Special Prosecutor may prosecute
before the Sandiganbayan Judges accused
CHANGE OF CITIZENSHIP
of Graft and Corruption even if they
 Lost Citizenship during incumbency will
come under the administrative
result in forfeiture of the office
supervision of the Supreme Court. But
administrative charges against them will  Such as naturalized in another country,

defer the filing of criminal charges based transfers residency in another country, or

on the same defense by the Special acquiring a status of an immigrant

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)