ARTICLE XI – ACCOUNTABILITY OF PUBLIC o Power of Comelec and Electoral Tribunals to

OFFICERS be judges of election contests.

o Power of impeachment of Congress, the
Section 1. Public office is a public trust. Public officers French call it an act of “political justice”.
and employees must at all times be accountable to the  Impeachment is “a proceeding, purely of a
people, serve them with utmost responsibility, integrity, political nature, is not so much designed
loyalty, and efficiency, act with patriotism and justice, to punish an offender as to secure the state
and lead modest lives. against gross political misdemeanors. It
touches neither his person nor his
A. Public Office and Accountability property, but simply divests him of his
 The notion of a public trust connotes accountability. political capacity”.
The provisions of this article are designed to exact  Removal and disqualification are the only
accountability from public officers. (Bernas) punishments that can be imposed upon
 SC emphasized in Cornejo v Gabriel that the conviction on impeachment. Criminal and
Constitutional precept that public office is a public civil liability can follow after the officer
trust is the underlying principle for the relaxation of has been removed by impeachment.
the requirements of due process of law in Prosecution after impeachment does not
administrative proceedings. constitute prohibited double jeopardy.
 Administrative offenses do not prescribe. In 1. Impeachable Officers
disciplining public officers and employees, the object  The impeachable officers are the President, Vice-
sought is not the punishment of the officer or President, members of the SC, members of the
employee but the improvement of the public service Constitutional Commission, and the Ombudsman.
and the preservation of the public faith’s and This list is exclusive and may not be increased or
confidence in our government. reduced by legislative enactment.
 The power to impeach is essentially a non-
Section 2. The President, the Vice-President, the legislative prerogative and can be exercised by the
Members of the Supreme Court, the Members of the Congress only within the limits of the authority
Constitutional Commissions, and the Ombudsman may conferred upon it by the Constitution.
be removed from office, on impeachment for, and  Impeachable officers who are members of the Bar
conviction of, culpable violation of the Constitution, cannot be disbarred without first being impeached.
treason, bribery, graft and corruption, other high Neither may a COMELEC Commissioner be
crimes, or betrayal of public trust. All other public charged with libel without first being impeached.
officers and employees may be removed from office as  Bernas: In prohibiting the legislature from
provided by law, but not by impeachment. increasing the number of impeachable officers, the
intention was to prevent the creation of a special
B.Impeachment class of statutorily protected officials.
 Impeachment has been defined as a method of national The right to be removed only by impeachment is
inquest into the conduct of public men. --- A special the Constitution’s strongest guarantee of security of
process of removal. tenure. The guarantee effectively blocks the use of other
 SC referred to it as “the power of Congress to remove a legal ways of ousting an officer. Ex. Suggestion that an
public official for serious crimes or misconduct as SC justice may be subjected to disbarment proceedings
provided in the Constitution.” was dismissed by Court.
o Generally understood as a formal process whereby 2. Grounds for Impeachment
an official is charged and tried and, if convicted,  Grounds are culpable violation of the Constitution,
removed from office. treason, bribery, other high crimes, graft and
 Seldom brandished and hardly ever used except when corruption, or betrayal of public trust
there is a strong public outcry against the respondent or --exclusive(but would seem to not be so-opinion)
when an official incurs the hostility of the party in  Culpable violation of the Consti – wrongful,
power. intentional or willful disregard or flouting of the
o Corona Case 2012. – Conviction was supported fundamental law. Must be deliberate and
by 20 of the 23 Senators who heard and decided motivated by bad faith to constitute a ground for
the case as “Senator-Judges”. impeachment. Mere mistakes in the proper
 Bernas: 2 exceptions on the courts monopoly of construction of the Constitution cannot be
the exercise of judicial functions: considered a valid ground for impeachment.
 Treason – committed by any person who, owing (5) No impeachment proceedings shall be initiated
allegiance to the Government of PH, levies war against the same official more than once within a
against it or adheres to its enemies, giving them aid period of one year.
and comfort. (6) The Senate shall have the sole power to try and
 Bribery – any public officer who shall agree to decide all cases of impeachment. When sitting for that
perform an act, whether or not constituting a crime, purpose, the Senators shall be on oath or affirmation.
or refrain from doing an act which he is officially When the President of the Philippines is on trial, the
required to do in connection with the performance Chief Justice of the Supreme Court shall preside, but
of his official duties, in consideration of any offer, shall not vote. No person shall be convicted without the
promise, gift, or present received by him personally concurrence of two-thirds of all the Members of the
or through the mediation of another, or who shall Senate.
accept gifts offered to him by reason of his office. (8) The Congress shall promulgate its rules on
 Other High Crimes – offenses which, like treason impeachment to effectively carry out the purpose of this
and bribery, are of so serious and enormous a section. ---to make known, Consti has not prescribed
nature as to strike at the very life or orderly how thus Court is in no position to dictate
workings of the government.
 Graft and Corruption – to bee understood in the 3. Procedure
light of the prohibited acts in the Anti-graft and  House of Rep only can initiate an impeachment
Corrupt Practices Acts, which was in force at the case by a vote of at least 1/3 of its members
time of the adoption of the constitution.  Senate has the sole power to try and decide such
 Betrayal of public trust – catch-all phrase to cover case, which can convict only by a vote of at least
any violation of the oath of office, to cover all 2/3 of its members.
manner of offenses unbecoming a public  Multiple complaints may be considered so long as
functionary but not punishable by criminal statutes, they would all be simultaneously referred or
like “inexcusable negligence of duty, tyrannical endorsed to the the proper Committee of House of
abuse of authority, breach of official duty by Rep and would lead to only one proceeding
malfeasance or, misfeasance, cronyism, favoritism,  Consti does not prescribe the quantum of evidence
obstruction of justice. BAD FAITH. needed for conviction
 No preventive suspension pendente lite.
Section 3. (1) The House of Representatives shall have
the exclusive power to initiate all cases of impeachment. (7) Judgment in cases of impeachment shall not extend
(2) A verified complaint for impeachment may be filed further than removal from office and disqualification to
by any Member of the House of Representatives or by hold any office under the Republic of the Philippines,
any citizen upon a resolution or endorsement by any but the party convicted shall nevertheless be liable and
Member thereof, which shall be included in the Order subject to prosecution, trial, and punishment, according
of Business within ten session days, and referred to the to law.
proper Committee within three session days thereafter. 4. Judgment
The Committee, after hearing, and by a majority vote of  Incumbent: Penalties of removal and
all its Members, shall submit its report to the House disqualification
within sixty session days from such referral, together  No longer in public service: disqualification
with the corresponding resolution. The resolution shall  A judgment of the Congress in an impeachment
be calendared for consideration by the House within ten proceeding is normally not subject to judicial
session days from receipt thereof. review because of the vesture in the Senate of
(3) A vote of at least one-third of all the Members of “the sole power to try and decide all cases of
the House shall be necessary either to affirm a impeachment”.
favorable resolution with the Articles of Impeachment of  But the courts may annul the proceedings if there
the Committee, or override its contrary resolution. The is a showing of grave abuse of discretion
vote of each Member shall be recorded. committed by the Congress or of noncompliance
(4) In case the verified complaint or resolution of with the procedural requirements of the
impeachment is filed by at least one-third of all the Constitution, as where the charges are instituted
Members of the House, the same shall constitute the without a verified complaint, or by less than 1/3
Articles of Impeachment, and trial by the Senate shall of all members of House of Rep, or where the
forthwith proceed. judgment of conviction is supported by less than
a 2/3s vote in the Senate.
  Judgment of conviction in the impeachment prescribed by law is higher than prision
proceedings is also not subject to the pardoning correccional or imprisonment for 6 years or a
power of the President. fine of 6k and in civil and criminal cases filed
 The convicted official may later be prosecuted in pursuant to and in connection with EO nos 1, 2,
an ordinary criminal action if the ground for his 14, and 14-A
conviction in the impeachment proceedings is  Under Section 13of RA 3019(Anti-Graft), the
also an indictable offense. In this case, he shall Sandiganbayan shall place public officers facing
be tried like any other accused in accordance criminal charges for violations of said law under
with the rules observed in ordinary criminal suspension pendente lite for not more than 90
actions. And where he is found guilty, the days. Suspension is mandatory but requires a
decision may be the subject of a pardon by the prior hearing to determine the validity of
President. information
 Possesses appellate jurisdiction over final
THE SANDIGANBAYAN judgments, resolutions or orders or RTCs
Section 4. The present anti-graft court known as the  SC held that suits dealing with the recovery of
Sandiganbayan shall continue to function and exercise sequestered shares, property, or business
its jurisdiction as now or hereafter may be provided by enterprises claimed to be ill-gotten assets of
law. President Marcos, his cronies and nominees and
 Art XIII, Sec 5 of the 1973 Consti called for the acquired by taking undue advantage of
creation by the Batasang Pambansa of a special relationships or influence and/or through as a
court to be known as the Sandiganbayan result of improper use, conversion or diversion
 Tagalog - meaning “support of the nation” of government funds or propert clearly fall
 Implicit in the name is the idea that the people can within the unquestionable jurisdiction of the
rely on this body for the attainment of the specific Sandiganbayan.
goals addressed to its attention.
 1973 Consti provided that the Sandiganbayan
“shall have jurisdiction over civil and criminal
cases involving graft and corrupt practices and THE OMBUDSMAN/TANODBAYAN
such other offenses committed by public officers
and employees, including those in government- Section 5. There is hereby created the independent
owned or controlled corporations, in relation to Office of the Ombudsman, composed of the Ombudsman
their office as may be determined by law”. to be known as Tanodbayan, one overall Deputy and at
 Under P.D. 1606, consists of a presiding justice least one Deputy each for Luzon, Visayas, and
and 14 associate justices and has the same rank as Mindanao. A separate Deputy for the military
the Court of Appeals. It sits in 5 divisions of three establishment may likewise be appointed.
justices each, who shall be necessary to constitute
a quorum and whose unanimous vote shall be Section 6. The officials and employees of the Office of
required for the pronouncement of a judgment. Its the Ombudsman, other than the Deputies, shall be
decisions may be brought on certiorari to the SC appointed by the Ombudsman, according to the Civil
 Shall exercise original jurisdiction in all cases Service Law.
involving violations of the Anti-Graft and Corrupt
Practices Act, where the accused are officials  Constitutional office – may not be abolished
occupying positions, whether in permanent, acting  Appointment of the Ombudsman and his
or interim capacity, to which the salary grade 27 deputies requires NO confirmation by the
is assigned Commission on Appointments – an exception to
o Regional directors, governors, vice-governors the general rule.
and provincial board members, city mayors,  Consti also gives the Office of the Ombudsman
vice-mayors and city councilors, army and air fiscal autonomy and the power to appoint its
force colonels or naval captains, high-ranking own officials and employees in accordance with
PNP officers, prosecutors, ETC civil service laws.
 It may exercise original jurisdiction over  Consti secures its political independence –
offenses or felonies, whether simple or meant to build up its institutional strength to
complexed with other crimes, committed by effectively function as official critic, mobilizer
public officials and employees mentioned above of government, constitutional watchdog and
in relation to their office where the penalty protector of the people.
1. Composition (2) Direct, upon complaint or at its own instance, any
 Expressly described as independent public official or employee of the Government, or any
 Section 5. subdivision, agency or instrumentality thereof, as well
2. Qualifications and Appointment as of any government-owned or controlled corporation
with original charter, to perform and expedite any act or
Section 8. The Ombudsman and his Deputies shall be duty required by law, or to stop, prevent, and correct
natural-born citizens of the Philippines, and at the time any abuse or impropriety in the performance of duties.
of their appointment, at least forty years old, of (3) Direct the officer concerned to take appropriate
recognized probity and independence, and members of action against a public official or employee at fault, and
the Philippine Bar, and must not have been candidates recommend his removal, suspension, demotion, fine,
for any elective office in the immediately preceding censure, or prosecution, and ensure compliance
election. The Ombudsman must have, for ten years or therewith.
more, been a judge or engaged in the practice of law in (4) Direct the officer concerned, in any appropriate
the Philippines. case, and subject to such limitations as may be provided
by law, to furnish it with copies of documents relating to
During their tenure, they shall be subject to the same contracts or transactions entered into by his office
disqualifications and prohibitions as provided for in involving the disbursement or use of public funds or
Section 2 of Article IX-A of this Constitution. properties, and report any irregularity to the
Commission on Audit for appropriate action.
(5) Request any government agency for assistance and
Section 9. The Ombudsman and his Deputies shall be
information necessary in the discharge of its
appointed by the President from a list of at least six
responsibilities, and to examine, if necessary, pertinent
nominees prepared by the Judicial and Bar Council, and
records and documents.
from a list of three nominees for every vacancy
(6) Publicize matters covered by its investigation when
thereafter. Such appointments shall require no
circumstances so warrant and with due prudence.
confirmation. All vacancies shall be filled within three
(7) Determine the causes of inefficiency, red tape,
months after they occur.
mismanagement, fraud, and corruption in the
Government and make recommendations for their
3. Term
elimination and the observance of high standards of
Section 11. The Ombudsman and his Deputies shall ethics and efficiency.
serve for a term of seven years without reappointment.
(8) Promulgate its rules of procedure and exercise such
They shall not be qualified to run for any office in the other powers or perform such functions or duties as may
election immediately succeeding their cessation from
be provided by law.
office.
 The term of the Ombudsman and his deputies is Section 14. The Office of the Ombudsman shall enjoy
not staggered like that of the members of the fiscal autonomy. Its approved annual appropriations
ConCom. shall be automatically and regularly released.
4. Powers and Functions  The Ombusman exercises both criminal and
Section 12. The Ombudsman and his Deputies, as administritative jurisdiction.
protectors of the people, shall act promptly on
 The Ombudsman can conduct preliminary
complaints filed in any form or manner against public
investigations and prosecute criminal cases
officials or employees of the Government, or any
involving not only public officers and employees
subdivision, agency or instrumentality thereof, including
who fall within the jurisdiction of the
government-owned or controlled corporations, and
Sandiganbayan but also those subject to the
shall, in appropriate cases, notify the complainants of
jurisdiction of the regular courts as well.
the action taken and the result thereof.
 He exercises primary jurisdiction to investigate any
 The Ombudman may delegate the fact-finding
act or omission of a public officer or employee in
aspect of this function to the NBI.
criminal cases cognizable by the Sandiganbayan
and concurrent jurisdiction with other investigative
Section 13. The Office of the Ombudsman shall have the agencies of the government with respect to criminal
following powers, functions, and duties: cases involving public officers or employees
cognizable by regular courts.
(1) Investigate on its own, or on complaint by any
 The Ombudsman need not conduct a preliminary
person, any act or omission of any public official,
investigation upon receipt of a complaint. Should
employee, office or agency, when such act or omission
the investigating officer find a complaint utterly
appears to be illegal, unjust, improper, or inefficient.
 devoid of merit, they may recommend its outright  Under Sec 24 of RA 6770, the Ombudsman or his
dismissal. deputy may preventively suspend any officer or
 SC held that they will not interfere with the employee under his authority pending an
Ombudsman’s exercise of his investigatory and investigation if in his judgment the evidence of
prosecutory powers as long as his rulings are guilt is strong, and (a) the charge against such
supported by substantial evidence to ensure that his officer or employee involves dishonesty,
Office is insulated from any outside pressure and oppression, grave misconduct or neglect in the
improper influence. –beyond the ambit of the court performance of duty; (b) the charges would warrant
to review the exercise of discretion of the removal from office; or (c) the respondent’s
Ombudsman in prosecuting or dismissing a case. continued stay in office may prejudice the case
 Instances that would justify review: to afford filed against him.
protection to the constitutional rights of the  SC reiterated that a preventive suspension is merely
accused; when necessary for the orderly a preventive measure, a preliminary step on an
administration of justice or to avoid oppression or administrative investigation; the purpose thereof is
multiplicity of actions; when there is a prejudicial to prevent the accused from using his position and
question which is sub judice; when the acts of the the powers and prerogatives of his office to
officer are without or in excess of authority; where influence potential witnesses or tamper with records
the prosecution is under an invalid law, ordinance, which may be vital in the prosecution of the case
or regulation; when double jeopardy is clearly against him.
apparent; where the court has no jurisdiction over  Neither prior notice nor hearing is required for the
the offense; where it is a case of persecution rather issuance of a preventive suspension order.
than prosecution; and where the changes are  Although immediately executory, a preventive
manifestly false and motivated by the lust for suspension order may be the subject of a motion for
revenge. reconsideration.
 Although the power to withdraw the Information 6. Special Prosecutor
already filed and to determine whether or not a  The original Office of the Tanodbayan has been
criminal case should be filed in the Sandiganbayan reduced in stature because of the creation of the
is in the hands of the Ombudsman, once the case Ombusdman by the Constitution.
has been filed with said court, it is the  The old Tanodbayan is now known as the Special
Sandiganbayan, and no longer the Ombudman Prosecutor but continues to be governed by P.D.
which has full control of the case so much that the 1607, except where his powers thereunder have
Information may not be dismissed without the been transferred by the Consti to the Ombudsman.
approval of said court.  As his title suggests, he is limited to and charged
 The Ombudman exercises direct administrative with the prosecution of graft and corruption cases.
disciplinary authority over all elective and  The Special Prosecutor may prosecute before the
appointive officials of the Government and it Sandiganbayan judges accused of graft and
subdivisions, instrumentalities and agencies, corruption even if they come under the
including Members of the Cabinet, local administrative supervision of the SC.
governments, government-owned or controlled  Pursuant to PD 1607, the Tanodbayan could review
corporations and their subsidiaries, except over and reverse the findings of a city fiscal and order
impeachable officers, Members of Congress, and him to withdraw certain charges filed by him.
the Judiciary. –Section 13 (3). ---has been  The President possesses the authority to discipline
interpreted to be not merely advisory but actually and even remove Special Prosecutors.
mandatory within the bounds of law
 Ombudsman is created to have more authority,
 Court has held that Ombudsman shares concurrent prestige, and importance and reduce the Special
disciplinary jurisdiction over public school teachers Prosecutor to the rank of a mere subordinate of the
with DepEd. former.
5. Preventive Suspension
 Ombudman is authorized to place public officials or
employees under preventive suspension without pay
for up to 6 months upon a finding of probable cause
to hold them liable for offenses which may warrant
their dismissal from the service.