Ateneo de Davao University

School of Business and Governance

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS

Gelar P. Constantinopla
Reporter
 Article XI
PUBLIC OFFICE AS A PUBLIC TRUST
• Responsibility – The obligation to answer for an act done, and to repair
 Section 1
any injury it may have caused.
 Public office is a public
• Accountability – when one party must report its activities and take
trust. Public officers and
responsibility for them. It is done to keep them honest and responsible.
employees must at all times
be accountable to the • Integrity – Soundness of moral principle and character, as shown by one
people, serve them with person dealing with others in the making and performance of contracts,
utmost responsibility, and fidelity and honesty in the discharge of trust.
integrity, loyalty and
• Loyalty – Faithfulness to one’s prince or sovereign or to the existing
efficiency, act with
government.
patriotism and justice and
lead modest lives. • Efficiency – the measure of the cost of an approach and its achievement
versus expectation. A classic measure in determining productivity.
• Patriotism – the exaltation of national eminence, typically expressed as
power over other nation, and an emotional attachment to the nation that
one originates from.
• Justice – the quality of being just, righteousness, equitableness, or moral
righteousness.
 Article XI – Section 1
PUBLIC OFFICE AS A PUBLIC TRUST
 Public Office – is the right, authority and  Functions must be exercised by an officer directly
duty created and conferred by law, which for under control of law, not under that of a superior
a given period, either fixed by law or officer unless they are functioned
enduring at pleasure of creating power, and conferred/discussed by law upon inferior officers,
individual is vested with some sovereign who by law, are under control of a superior;
functions of government or be exercised by
 Must have some permanency or continuity, not
him for benefit of Public. (Fernandez vs. Sto
temporary or occasional.
Tomas 234 SCRA 546)
 Elements of Public Office
 Office – refers, within the framework of
 Must be created by law or ordinance
governmental organization, to any major functional
authorized by Law;
unit of a department of bureau including regional
 Must possess sovereign functions of offices. (Administrative Code of the Philippines)
government to be exercised for public
 Employee – a person in the public office, any
interests;
person in the service of the government or any of its
 Functions must be defined expressly or agencies, divisions, subdivisions or instrumentalities
implied by law; .
 Article XI – Section 1
PUBLIC OFFICE AS A PUBLIC TRUST
 Classification of Public Officers  Eligibility and Qualification has Two Senses
• Executive, Legislative, and Judicial Officers; • May refer to the endowments, qualities or
attributes which make an individual eligible for
• Discretionary or ministerial officers;
public office;
• Civil or Military Officers
• May refer to act of entering into performance or
• Officers de jure or de facto; and functions of public office
• National, Provincial, or Municipal officials
 Officers de Jure - it is established according to  Powers of Public Officers
its fundamental law, the constitution. All other
• Ministerial – discharge is imperative and
laws and the mode of their implementation are
requires neither judgment nor discretion,
strictly adhered to what the constitution says.
mandamus will lie; and
 Officers de Facto – it is a government that does
• Discretionary – imposed by law wherein officer
not recognize any fundamental law or
has right to decide how and when duty shall be
constitution. Its basic source of power is the
performed, mandamus will not lie.
force, which is against the will of the rightful and
legal government
 Article XI
IMPEACHMENT/REMOVAL FROM OFFICE
 Section 2  What is IMPEACHMENT?
 The President, the Vice- o Exceptional method of removing public officials
President, the Members of the
Supreme Court, the Members of o Impeachment refers to the trial of a public official for charges of
the Constitutional Commissions, illegal acts committed in the performance of public duty. It is the
and the Ombudsman may be constitutional process, not the conviction or removal from office,
removed from office, on whereby the House of Representatives may "impeach" (accuse of
impeachment for, and conviction misconduct) high officers of the government for trial in the Senate.
of, culpable violation of the  Who may be Impeached?
constitution , Treason, Bribery,
Graft and Corruption, and other  President
high crimes, or betrayal of public  Vice- President
trust. All other public officers and
employees may be removed from  Supreme Court Justices
office as provided by law, but not
impeachment.  Constitutional Commission Members
 Ombudsman

Source: (Student’s Manual on the New Constitution (2008 Revised Edition) Jose N. Nolledo, LL.B., LL.M.
updated by Mercedita S. Nolledo)
 Article XI
IMPEACHMENT/REMOVAL FROM OFFICE
 Grounds for Impeachment 4. High Crimes
1. Culpable Violation of Constitution - Covers allegations of misconduct of officials, such as
perjury of oath, abuse of authority, bribery, intimidation,
- As the intentional, deliberate and wrongful
misuse of assets, failure to supervise, dereliction of duty,
breach of the mother of all laws.
refusal to obey a lawful order and tax evasion.
2. Treason
5. Betrayal of Public Trust
- Betraying one’s country by helping it’s enemy.
- According to Romulo, “ a catchall phrase to include all
3. Bribery acts which are not punishable by statute as penal offenses
but, nonetheless, render an officer unfit to continue in
- giving money or granting favors to influence office. It includes betrayal of public interest, inexcusable
another person’s decision or behavior. negligence of duty, tyrannical abuse of power, breach of
4. Graft and Corruption official duty by malfeasance of misfeasance, cronyism,
favoritism, etc. to the prejudice of public interest and which
- Graft, when the funds intended for public tend to bring the office into dispute”
projects are intentionally misdirected in order
to maximize the private interest.
- Corruption, the misuse of public power
(elected or appointed) for private gain.
 Article XI
IMPEACHMENT/REMOVAL FROM OFFICE
 Process of Impeachment  Placing on calendar the Committee resolution within
10 days from submission.
 Verified complaint filed by any members of the
house or any citizen upon resolution of  Discussion of the report.
endorsement by any member thereof included
 A vote of at least one third of all the members of
in the order of business within 10 session days.
the House shall be necessary either to affirm a
 Referred to the proper committee within 3 resolution with the Articles of Impeachment of the
session days of its inclusion – if verified, a Committee or override its contrary resolution.
complaint is filed at least one third of its
 Effects of Conviction from Impeachment
members, the same shall constitute the Articles
Proceedings are:
of Impeachment, and trial by Senate shall
forthwith proceed. • Removal from office and,
 The Committee after hearing and by majority • Disqualification to hold any office under the republic
vote of all its members, shall submit its report to of the Philippines, and
the House together with the corresponding • Party convicted shall be liable and subject to
resolution. prosecution, trial and punishment according to law.
 Article XI
Limitations of Impeachment  (3) A vote of at least one-third of all the members of the
House shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment of the
 Section 3. Committee, or override its contrary resolution. The vote
of each Member shall be recorded.
 (1) The House of Representative shall have the
exclusive power to initiate all cases of  (4) In case the verified complaint or resolution of
impeachment. impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the
 (2) A verified complaint for impeachment may be
Articles of Impeachment, and trial by the Senate shall
filed by any Member of the House of
forthwith proceed.
Representatives or by any citizen upon a
resolution of endorsement by any Member  (5) No impeachment proceedings shall be initiated
thereof, which shall be included in the Order of against the same official more than once within a
Business within ten session days, and referred period of one year.
to the proper Committee within three sessions  (6) The Senate shall have the sole power to try and
days thereafter. The Committee, after hearing, decide all cases of impeachment. When sitting for that
and by a majority vote of all its Members, shall purpose, the Senators shall be on oath or affirmation.
submit its report to the House within sixty When the President of the Philippines is on trial, the
session days from such referral, together with Chief Justice of the Supreme Court shall preside, but
the corresponding resolution. The resolution shall not vote. No person shall be convicted without the
shall be calendared for consideration by the concurrence of two-thirds of all the Members of the
House within ten session days from receipt Senate.
thereof.
 Article XI
Limitations of Impeachment
 (7) Judgment in cases of impeachment shall not  Jurisdiction of Sandiganbayan
extend further than removal from office and
disqualification to hold any office under the
Republic of the Philippines, but the party convicted  A. Original jurisdiction
shall nevertheless be liable and subject to Violations of Republic Act No. 3019 (Anti-Graft and
prosecution, trial, and punishment according to law. Corruption Practices Act); and Chapter II, Section 2,
 (8) The Congress shall promulgate its rules on Title VII of the Revised Penal Code where one or
impeachment to effectively carry out the more of the principal accused are officials occupying
purpose of this section. the following positions in the government, whether in a
permanent, acting or interim capacity at the time of
 Section 4
the commission of the following offense:
 The present anti-graph court known as the
o Officials of the Executive branch with the position
Sandiganbayan shall continue to function and
of Regional Director or higher, or Salary Grade
exercise its jurisdiction as now or hereafter may be
Level 27 (G27) according to Republic Act No.
provided by law.
6758, specially includling:
 Article XI
Limitations of Impeachment
o Provincial Governors, Vice-Governors; Board o Presidents, directors, trustees, or managers of
members, provincial treasurers. Assessors, GOCC’s state universities or educational institutions
engineers and other provincial department of foundations;
heads;
o Members of Congress and officials thereof with G27
o City Mayors, Vice-Mayors, city councilors; city and up;
treasurers, assessors, engineers and other city
o Members of the Judiciary without prejudice to the
department heads;
Constitution;
o Officials of the Diplomatic Service from consuls
o Chairmen and members of the Constitutional
or higher;
Commissions without prejudice to the Constitution;
o PA/PAF colonels; PN naval captains and all and
officers of higher rank;
o All other national and local officials with G27 or
o PNP chief superintendents and PNP officers of higher; other offenses committed by the foregoing in
higher rank; relation to their office; Civil and criminal cases filed
pursuant to and in connection with Executive Order
o City/Provincial prosecutors and their assistants,
nos. 1, 2, 14 and 14-a
and officials and prosecutors in the Office of the
Ombudsman and Special Prosecutor; and
 Article XI
Limitations of Impeachment
 B. Exclusive Original Jurisdiction
o Over petitions for the issuance of the writs of
mandamus, prohibitions, certiorari, habeas corpus,
injunction and other ancillary writs and processes
in aid of its appellate jurisdiction: Provided, that
jurisdiction over these petitions shall be not
exclusive of the Supreme Court; and
 C. Exclusive Appellate Jurisdiction
o On appeals from final judgments, resolutions or
orders of regular courts where all accused or not
occupying positions with G27 or are otherwise not
included in the foregoing enumeration.
 Article XI
The Ombudsman  Section 7
 Section 5  The existing Tanodbayan shall hereafter be known
as the Office of the Special Prosecutor. It shall
 There is hereby created the independent Office continue to function and exercise its powers as now
of the Ombudsman, to be known as Tanodbayan, or hereafter may be provided by law, except those
one overall Deputy, and least one Deputy each conferred on the Office of the Ombudsman created
for Luzon, Visayas and Mindanao. A separate under this Constitution.
Deputy for the Military establishment may
likewise be appointed.  Section 8
 The Ombudsman and his Deputies shall be natural-
born citizens of the Philippines, and at the time of
 Section 6 their appointment, at least forty years old, of
 The officials and employees of the Office of the recognized probity and independence, and
ombudsman, other than the Deputies, shall be members of the Philippine Bar, and must not have
appointed by the Ombudsman according to the been candidates for any elective office in the
Civil Service Law. immediately preceding election. The
 Article XI
The Ombudsman
 Ombudsman  Qualifications of the Ombudsman and His
Deputies
 The “champion of the citizens’ and ‘protector of the
people’. It is tasked to entertain complaints • Natural born citizen;
addressed to him against erring public officers and
• At least 40 years old;
take all necessary actions thereon.
• Or recognized probity and independence;
 Composition of the Office of Ombudsman
• Member of the Philippine Bar; and
• An Ombudsman to be known as Tanodbayan
• Must not have been candidates for any elective
• One (1) overall Deputy; and
office in the immediately preceding election
• At least 1 Deputy each for Luzon, Visayas and
Mindanao
• A Separate Deputy for the Military, establishment
may likewise be appointed.
Resources
 Discourses on the 1987 Philippine Constitution (Reynaldo S. Naguit, 2005)
 Philippine History and Constitution (R.M Corpuz, L.W. Melljor, R.G. Dela
Cruz)2012
 Student’s Manual on the New Constitution with Study Helps (Jose N.
Nolledo) 2008
 The Law Dictionary (ft Black’s Law Dictionary Online Legal Dictionary 2nd
Ed.)
 www.Batasnatin.com
 www.phillaw.com.ph
 www.Thelawdictionary.com
 www.philcritic.blogspot.com
 www.uslegal.com