Post on 04-Jun-2018
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ACCOUNTABILITY OF PUBLICOFFICERS
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STATEMENT OF POLICY
Article XI, Section 1 Public office is a public trust. Public
officers and employees must, at alltimes, be accountable to the people,
serve them with utmost responsibility,
integrity, loyalty, and efficiency; actwith patriotism and justice, and lead
modest lives.
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IMPEACHMENT
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Impeachable Officers
President Vice-President
Chief Justice andAssociate Justices
of the SupremeCourt
Chairmen andCommissioners ofthe Constitutional
CommissionsOmbudsman
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Grounds for Impeachment
CulpableViolation of
theConstitution
Betrayal ofPublic Trust
Other HighCrimes
Treason.Bribery,
Graft andCorruption
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Procedure for Impeachment
A verified complaint forimpeachment may be
filed by any member ofthe HoR or by any
citizen upon aResolution of
endorsement by anyMember
Included in the order ofbusiness within 10 session
days, and referred toproper committee within 3
sessions days
The Committee uponmajority vote of all its
members, shall submit itsreport which should be
done within 60 days after
referral
If the verified complaint is
filed by at least 1/3 of all themembers of the House, thesame shall constitute theArticles of Impeachment
A vote of at least 1/3 of all
the members of the Houseshall be necessary either toaffirm a favourable
resolution or override itscontrary resolution
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What is meant by Initiation
Francisco vs. House of Representatives
The SC gives the term initiate differentfrom filing. The impeachment is deemed
ini t iated when the complaint(with
accompanying resolution of endorsement)
has been filed with the HoR and referred
to appropriate Committee.
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What is the limitation?
Not more than once within a periodof one year against the
same official.
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Trial and Decision
The Senate shall have the sole power to tryand decide all cases of impeachment. When
sitting for that purpose, the Senators shall be
on oath or affirmation. When the President ofthe Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall
not vote. A decision of conviction must beconcurred in by at least two-thirds of all the
members of the Senate.
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Effect of Conviction
Removal form office and disqualification tohold any office under the Republic of the
Philippines. But the party convicted shall
be liable and subject to prosecution, trial
and punishment according to law.
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Ombudsman
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Constitutional Underpinnings
Article XI, 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 themilitary establishment may likewise be
appointed.
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Constitutional Underpinnings
Article XI, 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 Ombudsmanmust have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.