LEGAL FRAMEWORK
OF
PUBLIC
ACCOUNTABILITY
Atty. Rex R. Rojas
Office of the Ombudsman
OVERVIEW
I. Public Accountability in General
II. Constitutional Provision
III. Exacting Accountability in the Public Sector
Sec. 2, 4 & 7, RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees)
b) Concept of Public Officer and the Three-fold Liability
Rule
c) Sec. 2, RA 6770 (Ombudsman Act of 1989)
d) Sec. 1, RA 3019 ( Anti-Graft and Corrupt Practices
Act)
e) Sec. 2, RA 9485 (Anti-Red Tape Act of 2007)
IV. Administrative Adjudication
V. Preliminary Investigation
PUBLIC ACCOUNTABILITY IN GENERAL
Public accountability is the hallmark of modern
democratic governance.
(Chapter 8, The Oxford Handbook of Public Governance by Mark Bovens)
Accountability means ensuring the officials in
public, private or voluntary sector
organisations are answerable for their actions
and that there is redress when duties and
commitments are not met.
(www.transparency-initiative.org)
FUNCTION: DEMOCRATIC CONTROL
ACCOUNTABILITY RELATIONSHIPS/FORUM
Organizational
Accountability
Political Accountability
Legal Accountability
Administrative (Quasi-legal forum)
Professional Accountability
(Chapter 8, The Oxford Handbook of Public Governance by Mark Bovens)
CONSTITUTIONAL PROVISION
RA 6713
“It is the policy of the State to promote a high
standard of ethics in public service. Public officials
and employees shall at all times be accountable to
the people and shall discharge their duties with
utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest
lives, and uphold public interest over personal
interest”.
RA 6713
Section 4
Norms of Conduct of Public Officials and Employees
a)
b)
c)
d)
e)
f)
g)
h)
Commitment to Public Interest
Professionalism
Justness and Sincerity
Political Neutrality
Responsibility to the Public
Nationalism and Patriotism
Commitment to Democracy
Simple Living
RA 6713
SECTION 7
PROHIBITED TRANSACTIONS
a)
b)
c)
d)
Financial and material interest
Outside employment and other activities
Disclosure/misuse of confidential information
Solicitation or acceptance of gift
PUBLIC OFFICERS
"Public officer" includes elective and appointive
officials and employees, permanent or temporary,
whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from
the government. (Sec. 2 (b), RA 3019)
"Public Officials" includes elective and appointive
officials and employees, permanent or temporary,
whether in the career or non-career service, including
military and police personnel, whether or not they
receive compensation, regardless of amount. Sec. 3 (b),
RA 6713
Characteristics of Public Office
•Delegation of sovereign functions (legislative,
executive, judicial) of the State to an individual.
•Exercised for a time being.
•For the benefit of the public.
THREE-FOLD LIABILITY RULE
states that the wrongful acts or omissions of a public
officer may give rise to civil, criminal and
administrative liability. A n a c t i o n fo r e a c h c a n
p ro c e e d i n d e p e n d e nt l y o f t h e o t h e rs .
Office of the Court Administrator v. Enriquez, 218 SCRA 1
RA 6770
SECTION 2
“The State shall maintain honesty and integrity in the
public service and take positive and effective measures
against graft and corruption”.
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, efficiency, act
with patriotism and justice and lead modest lives”.
RA 3019
“It is the policy of the Philippine Government, in
line with the principle that a public office is a public trust,
to repress certain acts of public officers and private
persons alike which constitute graft or corrupt practices
or which may lead thereto”.
RA 9485
“It is hereby declared the policy of the State to promote
integrity, accountability, proper management of public affairs
and public property as well as to establish effective practices
aimed at the prevention of graft and corruption in government.
Towards this end, the State shall maintain honesty and
responsibility among its public officials and employees, and shall
take appropriate measures to promote transparency in each
agency with regard to the manner of transacting with the
public, which shall encompass a program for the adoption of
simplified procedures that will reduce red tape and expedite
transactions in government.”
A D M I N I ST R AT I V E A DJ U D I C AT I O N
ADMINISTRATIVE DUE PROCESS
The essence of due process is simply to be heard, or as applied
to administrative proceedings, an opportunity to explain one’s
side, or an opportunity to seek a reconsideration of the action
or ruling complained of.
Office of the Ombudsman v. Reyes G.R. No. 170512, October 5, 2011
ADMINISTRATIVE ADJUDICATION PROCESS
VERIFIED
COMPLAINT
ORDER TO FILE
COUNTERAFFIDAVIT
ORDER OF
PREVENTIVE
SUSPENSION
RESPONDENT’S
COUNTERAFFIDAVIT
CLARIFICATORY
HEARING
ORDER TO FILE
POSITION PAPER
(both parties)
DECISION
P R E L I M I N A RY I N V EST I G AT I O N
Preliminary investigation is an inquiry or proceeding
to determine whether there is sufficient ground to
engender a well-founded belief that a crime has
been committed and the respondent is probably
guilty thereof, and should be held for trial.
- Executive function
- Determination of probable cause
Probable cause; definition. Probable cause is defined
as the existence of such facts and circumstances as
would excite the belief in a reasonable mind, acting on
the facts within the knowledge of the prosecutor, that
the person charged was guilty of the crime for which
he was prosecuted. George Miller v. Secretary
Hernando B. Perez, et al, G.R. No. 165412, May 30,
2011.
Probable cause; determination. To determine the
existence of probable cause, there is need to
conduct preliminary investigation. xxx It is wellsettled that the determination of probable cause
for the purpose of filing an information in court is
an executive function which pertains at the first
instance to the public prosecutor and then to the
Secretary of Justice. xxx George Miller v.
Secretary Hernando B. Perez, et al, G.R. No.
165412, May 30, 2011.
PRELIMINARY INVESTIGATION PROCESS
VERIFIED
COMPLAINT
ORDER TO FILE
COUNTERAFFIDAVIT
RESPONDENT’S
COUNTERAFFIDAVIT
COMPLAINANT’S
REPLY-AFFIDAVIT
DISSMISSED
RESOLUTION
INFORMATION
THANK YOU
“Manindigan Kontra Katiwalian”
Office of the Ombudsman
Agham Road, Diliman, Quezon City
Visit our website at:
www.ombudsman.gov.ph