Article XI
Accountability of Public
Officers
Statement of Policy
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. (sec. 1 Art. 11)
Impeachment
Definition
A national inquest into the conduct of
public men.
Impeachable Officers
President
Vice-President
Chief Justices and Associate Justices of
the Supreme Court
Chairmen and Members of the
Constitutional Commissions
Ombudsman
Grounds for Impeachment
Culpable Violation of the Constitution
Treason
Bribery
Graft and Corruption
Other High Crimes or Betrayal of Public
Trust
Procedure for Impeachment
Initiating Impeachment Case
Limitation on Initiating of Impeachment
Case
Trial and Decision
Effect of Conviction
The Sandiganbayan
The present anti-graft court
Its decision is reviewable by the Supreme
Court on a petition for Certiorari.
The Ombudsman
Known as the Tanodbayan
Qualifications:
Natural-born citizen of Ph
40 years of age
Recognized probity and independence
Member of the Philippine Bar
Must not have been a candidate of any elective
office in the immediately preceding election
Must have been a judge or engaged in the practice
of law for 10 years or more
Term of Office
7 years without reappointment
Ill-gotten wealth
means any asset, property, business enterprise or
material possession of any person within the
purview of Section two (2) hereof, acquired by him
directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates
by any combination or series of the following
means or similar schemes:
1. Through misappropriation, conversion, misuse,
or malversation of public funds or raids on the
public treasury;
2. By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any/or entity in connection
with any government contract or project or by reason of the
office or position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of
assets belonging to the National government or any of its
subdivisions, agencies or instrumentalities or governmentowned or controlled corporations and their subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly
any shares of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;
5. By establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to benefit particular persons or special
interests; or
6. By taking undue advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.
Statement of Assets,
Liabilities, and Net Worth
Thank You
Public Office is a Public
Trust
Public Office
A public office is the right, authority and
duty created and conferred by law, by
which for a given period, either fixed by
law or enduring at the pleasure of the
appointing power, an individual is invested
with some portion of the sovereign
functions of the government, to be
exercised by him for the benefit of the
public. (Fernandez vs Sto. Tomas)
Public Office is a Public
Trust
Public Officer
A person who holds public office.
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Culpable Violation of the Constitution
the deliberate and wrongful breach of
the Constitution.
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Treason
According to the Revised Penal Code,
treason is defined as “Any Filipino citizen
who levies war against the Philippines or
adheres to her enemies, giving them aid or
comfort within the Philippines or elsewhere.”
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Bribery
The Revised Penal Code defines bribery in two
forms:
Direct bribery is “committed by any public officer
who shall agree to perform an act constituting a
crime, in connection with the
performance of
this official duties, in consideration of any offer,
promise, gift or present received by such officer,
personally or through the mediation of another.”
Indirect bribery is “committed by a public officer
when he accept gifts offered to him by reason of
his office.”
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Graft and corruption
Any violation of the Republic Act No. 3019,
or the Anti-Graft and Corrupt Practices Act is an
impeachable offense.
Technically, corruption covers an entire host of abuses, of
which graft is one. Graft and corruption are charges that
are typically leveled at highly-placed government officials,
who are able to use public funds to improve their own
fortunes due to increased access, influence, knowledge or
power that comes with an elevated position. An official
engaging in bribery, nepotism, embezzlement, extortion or
graft is guilty of abuse of public trust at minimum, and may
often be charged with a crime.
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Other high crimes or betrayal of public trust
In Francisco Jr. vs. Nagmamalasakit na mga
Manananggol ng mga Manggagawang Pilipino, Inc., the
Supreme Court purposely refused to define the meaning of
“other high crimes or betrayal of public trust,” saying that it
is “a non-justiciable political question which is beyond the
scope of its judicial power.” However, the Court refuses to
name which agency can define it; the Court impliedly gives
the power to the House of Representatives, which initiates
all cases of impeachment.
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Certiorari
It is a writ issued from a superior court
requiring a lower court or a board, or
officer exercising judicial functions to
transmit the records of a case to the
superior court for purposes of review.
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