ARTICLE XI of Philippine Constitution

Accountability Of Public Officers ( Section 1-9)

Cadungog, Ferdiliza U.
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
and justice, and lead modest lives.

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Elements of Public Office
1. Must be created by law or ordinance authorized by law;

2. Must possess sovereign functions of government to be exercised for

public interests;

3. Functions must be defined expressly or impliedly by law;

4. 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

5. Must have some permanency or continuity, not temporary or

occasional.
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Classification of Public Officers

• Executive, legislative, and judicial officers

• Discretionary or ministerial officers
• Civil or military
• Officers de jure or de facto; and
• National, provincial or municipal officials

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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 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, but not by impeachment.
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Impeachable Officials

• President
• Vice- President
• Members of the Supreme Court
• Members of the Constitutional Commissions
• Ombudsman

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Grounds for Impeachment

• Culpable violation of the constitution

• Treason
• Bribery
• Graft and corruption
• Other high crimes
Betrayal of public trust

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Section 3
(1) The House of Representatives shall have the exclusive
power to initiate all cases of impeachment.

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Process of Impeachment
• Filing
• Referral to Speaker
• Inclusion in Order Business
• Referral to House Committee on Justice
• Committee Hearings
• Submission of Report
• House Vote
• Impeachment Trial
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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.

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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.

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Section 4

The present anti-graft court known as the

Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be
provided by law.

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Jurisdictions of the Sandiganbayan

Under RA 8249, to determine whether the

Sandiganbayan has jurisdiction, lawyers must
look into two (2) criteria, namely:

• The nature of the offense

• The salary grade of the public official. ( 27
and higher
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Thus, Sec.4 of RA 8249 provides that the
Sandiganbayan shall have original exclusive
jurisdiction over:

I.) Violations of RA 3019 (Anti-graft and

Corrupt Practices Law);

II.) RA 1379 (Forfeiture of Illegally Acquired

Wealth);
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 III.) Crimes by public officers or employees embraced in Ch. II, Sec.2
Title VII, Bk. II of the RPC (Crimes committed by Public Officers)
namely:

a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;

b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;

c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13,

1993;

d) Corruption of public officials under Art. 212

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Section 5

There is hereby created the independent Office of the

Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy and at
least one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military
establishment may likewise be appointed.

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Composition of the Office of the Ombudsman

• Ombudsman to be known as Tanodbayan

• Office of the Overall Deputy
• Office of the Deputy for Luzon
• Office of the Deputy for Visayas
• Office of the Deputy for Mindanao
• Office of the Deputy for the Armed Forces
• Office of the Special Prosecutor

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Section 6
The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
Service Law.

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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.

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Section 8
The Ombudsman and his Deputies shall be natural-born

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.

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Qualifications of Ombudsman and his Deputies

• Shall be natural-born citizens of the Philippines

• At least forty (40) years old
• Of recognized probity and independence
• Members of the Philippine Bar
• Must not have been candidates for any elective
national or local office in the immediately preceding
election whether regular or special
• Must have, for ten (10) years or more, been a judge or
engaged in the practice of law in the Philippines 20
Section 9
The Ombudsman and his Deputies shall be appointed
by the President from a list of 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.

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Activity: Multiple Choice (2pts each)
1. Which one is NOT among the Constitutionally mandated
grounds for impeachment of impeachable officials:

a. culpable violation of the duty to be at all times

accountable to the people;
b. treason, bribery, graft and corruption and other high
crimes;
c. betrayal of public trust;
d. culpable violation of the Constitution.
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2. Which has the exclusive power to initiate all cases of
impeachment:

a. the Senate;
b. the House of Representatives;
c. the Senate President;
d. the Speaker of the House of Representatives.

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3. Which is NOT an impeachable public officer:

a. a justice of the Supreme Court;

b. a commissioner of the Comelec;
c. the administrator of the Supreme Court;
d. the Ombudsman.

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4. A public officer impeached and removed from office shall:

a. nevertheless be immure from prosecution, trial and

punishment according to law;
b. nevertheless be liable and subject to prosecution, trial and
punishment under the Anti-Graft and Corrupt Practices Act;
c. nevertheless be liable and subject to prosecution, trial and
punishment according to law;
d. nevertheless be liable and subject to prosecution, trial and
punishment only for criminal acts under the law.
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5. The Ombudsman and his deputies are appointed by
the President from a list prepared by:

a. the Integrated Bar of the Philippines;

b. the Commission on Appointments;
c. the Judicial and Bar Council;
d. the Supreme Court.

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Thank you
for listening!