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ARTICLE XIACCOUNTABILITY OF PUBLIC OFFICERS

Section 1.

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, justice and lead modest lives.Public office- the right, authority, and duty created and conferred by law 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.Public officer- an individual that is so invested.Nature of public office.A public office is a public trust.It is not a property.It is not a contract.

EMPLOYEE- generally referred to a person in public service.any person in the service of the government or any of its agencies, divisions, subdivisions or instrumentalities.

OFFICER a. As distinguished from clerk or employee. It refers to those officials whose duties not being of a clerical or manual nature, involve the exercise of discretion in the performance of the functions of government.b. When used with reference to a person with authority to do a particular act or perform a particular function. It includes any government employee, agent, or body having authority to do the act or exercise the function in question in the exercise of governmental powers.

Significance of a constitutional declaration.Standards required of public servants.Conflict of interest to be avoided.Prohibitions or disabilities on certain officials. Public office, a public trust.

The President, the Vice- President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.Section 2

Impeachment- defined as a method of national inquest into the conduct of public men.Essentially in the nature of a criminal prosecution before a quasi-political effort, instituted by a written accusation called articles of impeachment upon a charge of the commission of a crime or some official misconduct or neglect.

Officials removed by impeachment.The President and the Vice- PresidentThe members of the Supreme CourtThe members of the Constitutional Commissions, andThe Ombudsman

Grounds for Impeachment

Culpable violation of the Constitution.TreasonBribery

Direct bribery- the offense committed by any public officer who shall agree to perform an act constituting a crime, in connection of his public official duties.Indirect bribery- offense committed by any public officer who shall accept gifts offered to him by reason of his office.

Graft and CorruptionOther high crimesBetrayal of public trust.

The House of Representatives shall have the exclusive power to initiate all cases of impeachment.Section 3Power to initiate and try impeachment vested in congressThe house of Representative shall have the sole power to initiate all cases of impeachment.(Sec. 3[1].)The Senate shall have the sole power to try all cases of impeachment (Sec. 3[1].)Procedure in impeachment casesFiling of verified complaint. To start an impeachment, there should be a verified complaint filed against the impeachment able officerTrial by the Senate. When the senate sits in impeachment cases its required to be under oath or affirmation.Requirements for conviction. To convict an officer, the concurrence of at least 2/3 all members of the Senate is necessary.

Penalty in ImpeachmentThe penalty to be imposed on an officer found guilty of an impeachment charge is limited to removal from office and disqualification to hold any office under the Republic of the Philippines. No penalty in form of imprisonment or fine may be imposed.Effect of resignationThe object of impeachment may not only be the removal of the accused from the office but also his disqualification to hold any office under the Republic of the Philippines.Rules on impeachment Section3(8) empowers Congress to promulgate its rules on impeachment to effectively carry out the purpose of the above provision on impeachment.

SANDIGANBAYAN - the anti-graft court

Under the 1973 Constitution, the Batasang Pambansa was directed to create a special court to be known as Sandiganbayan. This court shall have jurisdiction over civil and criminal cases.Section 4

The present anti-graft court known as Sandiganbayan shall continues to function and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5There 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 the military establishment may likewise be appointedSECTION 6 The officials and employees of the office of the Ombudsman, other than Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.SECTION 7 The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its power as now or hereafter may be provided be law, except those conferred on the office of the Ombudsman created under his Constitution.

SECTION 10.The Ombudsman and his Deputies shall have the rank of Chairman and MembersSECTION 8The ombudsman and his Deputies shall born citizens of the Philippines.SECTION 9The ombudsman and his deputies shall be appointed by the president from a list of at least six nominees prepared by the Judicial and Bar Council.

Tanodbayan- Office of the Ombudsman

Creation. The constitution directly creates the Office of the Ombudsman to be known as Tanodbayan, categorizing it like the three Constitutional Commission as independent.Composition. It is composed of the Ombudsman to be known as Tanodbayan. Deputy each Luzon, Visayas, and Mindanao.Appointment. The first Ombudsman and his Deputies shall be appointed by the President from 6 nominees.SECTION 11

The ombudsman and his Deputies shall serve for a term of seven years without reappointment.

Qualifications. Natural born citizen at least 40 years old person with recognized probity and independence.Disabilities during there tenure. They are subject to the same disqualificationsTerm of Office. The term of office is 7 years without reappointment.Rank and salary . The annual salary is 204, 000 and deputies is 180,00 Appointment of official and employees. All officials of Ombudsman and Deputies shall appoint by Tanodbayan.

Power, function and duties of Ombudsman

Accessibility- the ombudsman make himself available at such hour and place.Investigatory- the ombudsman may act or conduct investigation on the basis.

SECTION 13The office of the Ombudsman shall have the following power, function and duties.Investigate on its ownDirect, upon complaint or at its ownDirect the officer concerned to take appropriate actionDirect the officer concerned in any appropriate actionRequest any government assistance and informationPublicize matters covered by its investigationDetermine the causes of inefficiencyPromulgate its rule of procedureSECTION 12The Ombudsman and his Deputies as a protector of the people.

SECTION 14

The office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly approved.Fiscal autonomyLike the judiciary (Art. VIII, Sec. 3) and the Constitutional Commissions ( Art. IX, A-Sec. 5), including the Commission on Human Rights (Art. XIII, sec. 17[4].), the Office of the Ombudsman enjoys fiscal autonomy, to further enhance its independence. It does not have to request the Office of the President or any government agency for the release of its approved annual appropriations.

SECTION 15

The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. Right of the State to recover ill-gotten wealth.Section 15 makes it clear that the right of the state to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees shall not be barred by any of these causes: By prescription, a party having cause of action is precluded from enforcing his right or resorting to the court for redress for his failure to do so within a certain period of time fixed by law.

Laches is the failure or neglect of a party for an unreasonable and unexplained length of time to assert a right or claim giving rise to the presumption that he has abandoned it and making it inequitable to permit the right or claim to be enforced.

Estoppel, an admission or representation is rendered conclusive against the person making it and cannot be denied or disproved by him against the person relying thereon.

SECTION 16

No loan guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice President, the Members of the Cabinet, the Congress, The Supreme Court, and The Constitutional Commissions, the Ombudsman, or any firm or entity in which they have controlling interest during their tenure.

SECTION 17

A public officer of or employee shall, upon assumption of office as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice President, The Constitutional Commissions and other constitutional offices, and officers of the armed forces with the general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Declaration of assets, liabilities and net worth.

The making of declaration under oath of his assets, liabilities and net worth is mandatory for every public officer or employee upon assumption to the officer and cannot be dispended with by law.

The purpose of declaration is to determine the net worth of a public officials or employee at a given date, such that an increase in net worth at a subsequent period if unreported and unexplained, taking into account his known sources of income and reasonable allowance for living, give rise to the presumption of that increase represents ill-gotten wealth or untaxed income.

SECTION 18

Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.Duty of allegiance to the State and the Constitution.

Public offices and employees must serve the people with outmost loyalty and act with patriotism. They owe the State and its constitution allegiance at all times