Disclaimer

made by Arcilla

Article 11 : PUBLIC OFFICERS RELEVANT CASES
1 Public office = public trust
Must be accountable for the people
- Responsibility - Integrity
- Loyalty - Efficiency
- Patriotism - Justice
2 Who are IMPEACHABLE?
President And Vice President
SC and Consti Commissions
Ombudsman
** other public officers may be removed provided by law NOT by impeachment

Grounds for impeachment
Culpable violation of the Consti
Treason
Bribery
Graft and corruption
High crimes
Betrayal of public trust
-EXCLUSIVE Power to impeach = House of Representatives In Re Gonzales (disbarment against impeachable
public officer; NOT allowed)
May be filed by any Member of the HR or any citizen upon the endorsement of any member of HR o A member of the SC can only be removed by
Shall be included in the Order of Business = 10 session days impeachment and only then will he be
Referred to the proper committee = 3 days criminally liable for his misbehavior
Majority Voting by Committee (disbarment)
Submit report to the House = 60 days from referral Estrada v Desitero (judgment of Estradas
Consideration = 10 session from receipt impeachment)
o Unlawful acts of officials are not acts of the
At least 1/3 vote of all members to affirm or override the contrary State and immunity is only applicable for the
tenure and not the term
No impeachment shall be initiated to the same official more than 1 within the same year Francisco v HR (CJ Davides impeachment;
initiation)
o Initiate means filing
Senate Sole power to try and decide in cases of impeachment
3 o Acts of filing the impeachment/ verified
President on trial = CJ presides but NOT VOTE
At least 2/3 vote for conviction complaint
o Congress taking initial action by its referral to
the house committee)
Impeachment = removal of office and disqualified to hold office
Subject to trial and punishment accdg to law

Congress shall promulgate its rules on impeachment
 Disclaimer made by Arcilla

Sandiganbayan = Anti Graft Court Mayor Lecaros v Sandiganbayan (gasoline station)
4 Created by the statute = statutory court o Sandiganbayan has jurisdiction not only over
Continuing exsistence of the Sandiganbayan over criminal and civil cases involving GC criminal and civil cases but also other crimes in
Congress has authority to fix its jurisdiction relation to their office
Jurisdiction over public officers

Members of Office of OB
Ombudsman = Tanodbayan
5 1 over-all Deputy
1 for EACH Luzon, Visayas, Mindanao
** Separate Deputy for military establishments may be appointed
6 Officials and employees of Ombudsman (except deputies) are APPOINTED by Ombudsman
7 Tanodbayan = Office of the Special Prosecutor Zaldivar v Sandiganbayan
**shall continue to function and exercise its powers as stated on the Ombudsman o Special prosecutor is a mere subordinate of the
Tanodbayan and can investigate only upon the
authority or orders.
Qualifications:
o Natural born citizen
o At least 40 years old
o Member of the Philippine Bar
8 o NOT an elective office immediately preceding the election
o At least 10 years of being a judge or in the practice of law in the PH
Tenure = subject to Sec 2 of Article 9-A
9 Ombudsman and Deputies appointed by the President
JBCs list of at least 6 nominees and 3 nominees for every vacancy
NO CONFIRMATION
Shall be filled within 3 months after vacancy
10 Ombudsman = Chairman
Deputies = Members
** same salaries and shall not be decreased
11 Term of 7 years WITHOUT reappointment
Not qualified to run for office immediately succeeding cessation
Act promptly against public officials and employees of the Govt or any subdivision, agency or Almonte v Vasquez (EIIB)
12 instrumentality including GOCC o Alleged to be illegal, unjust is sufficient
o The purpose of protecting those against whom
a complaint is filed against hasty, malicious and
oppressive prosecution as much as securing for
the state.
Gonzales III v OP (hijacked bus; PNP officials)
 Disclaimer made by Arcilla

13 Powers of the Ombudsman Cruz v Sandiganbayan (Cor-Asia)
Investigates on public officials, employee, office or agency on illegal, unjust, improper and inefficient
actions Salvador v Mapa (Ramos Behest loans; no power to
Directs officials , employees, instrumentalities , subd and GOCC to stop and prevent and to correct any decide constitutional questions)
abuse or impartiality Buenaseda v Flavier (preventive suspension; when
Recommends the removal, suspension, demotion, fines, or prosecution and ensure compliance to suspend)
Directs the officer to furnish the copies of documents relating to contracts and transactions entered Other limitations
into by his office on disbursement of funds or properties and report any irregularities to COA for o OMB can only investigate officers and GOCC
appropriate actions with original charter
Requests any govt agency for assistance and information in the discharge of its responsibilities of
records and documents **Preventive Suspension = can only last for 90 days and
Publicize the information in the investigation with due prudence not the entire criminal case.
Determines the insufficiency, red tape, mismanagement, fraud, and corruption un the Govt. Makes the
recommendation for the elimination Delegable authority of the OMB
Promulgates the rules and procedures in exercise of its powers. - Power to investigate or conduct preliminary
o Attends and acts immediately for correction or implementation of the request investigation
o Conducts preliminary investigations and to prosecute o Investigator
o Power to investigate and dismiss a complaint o Prosecutor
o No authority to substitute judgment of an agency o Provincial or city prosecutor
o Not exclusive to investigation and may delegate power to others for investigation and can withdraw
it anytime.

Admin Disciplinary Cases (LGC) Ombudsman Sandiganbayan
May be imposed by the disciplinary Requires prior notice and hearing Suspension pendente lite makes it
authority at any time Requisites mandatory for SAN to suspend any
a. any time the issues are prior determination by the public officer against whom a valid
joined OMB that the evidence is information charging violation of the
b. when the evidence is strong law. Involving fraud upon the
strong charge against officer or government or public funds or
c. given the gravity of the employee involves dishonesty property filed.
offense that could lead to and gross misconduct
influencing the witness or charge would warrant removal Pre suspension hearing to determine
pose a threat to the safety of service the validity of the information.
and integrity continuance in office may
prejudice the case filed against
him
60 days MAX period Shall continue until case is terminated but Limited to 90 Days
should not exceed 6 months without pay

Discretionary Mandatory

14 Enjoy fiscal autonomy

Annual Appropriation = Automatically released
15 Right of the Senate to recover properties acquired by the public officials or employees shall NOT be Presidential Ad Hoc v Desierto (MINOCO)
 Disclaimer made by Arcilla

barred from prescription, laches or estoppel
16 No loan, guaranty or other financial accommodations for business be directly or indirectly granted
P, VP, SC, Cabinet, CC, OB during their tenure
17 Disclosure of assets
1. Filing of a declaration of assets and liabilities
Applicable to all public officers and employees regardless of rank
2. Public disclosure of assets and liabilities prescribed by law
President
VP
Cabinet
SC
Congress
CC
Other constitutional offices
***Legislature may require public disclosure of other officials
18 Owe the state allegiance CAASI v CA (green card holder)



Article 12
1 Goals of national economy
More equitable distribution of wealth
Increase of wealth for the benefit of the people
Increased productivity
State shall
Promote industrialization and full employment in agricultural and agrarian reform
Make use of natural resources
Competitive in both domestic and foreign markets
Protect Filipino enterprise against unfair competition and trade practices
2 Owned by the State La Bugal Blan v Ramos
o All lands and public domain o No alien must be allowed to enjoy, exploit and
o Waters, minerals, coals, petroleum and other mineral oils develop our natural resources
o All forces of potential energy
o Fisheries, forests or timber, wildlife, flora and fauna ** Regalian Doctrine
o Other natural resources capacity of the state to own or acquire property.
Spanish law right which the sovereign has over
Exploration, development and utilization of natural resources = full control and supervision of the anything subject has the right of property or
state propriedad; all properties belong to the crown
State may directly enter into co production, joint venture or production sharing agreements with PH Extends to all natural wealth
citizens or corporations or associations at least 60% of whose corporations or associations are owned
 Disclaimer made by Arcilla

by PH citizens
Agreements not exceeding 25 years renewable for not more than 25 years under conditions provided
by law
State shall protect marine wealth in its archipelagic waters, territorial sea and exclusive zone reserve
its use and enjoyment exclusively to PH citizens
Congress may by law allow small scale utilization of natural resources (cooperative fish farming)
President may enter into agreements w/ foreign owned corporations involving technical or financial
assistance for large scale exploration, development and utilization of minerals based on real
contributions to the economic growth and general welfare of the country.

3 Lands of Public Domain Notes:
Agricultural Rules on the disposition and exploitation of Agricultural
Forest or timber lands of public domain:
Mineral lands and national parks private corporations or associations may not
Private corporations may not hold lands of public domain except by lease not exceeding 25 years acquire alienable lands
renewable for not more than 25 years and not exceeding 1,000 hectares. qualified individuals - maximum of 12 hectares
(lease up to 500 ha)
PH citizens= not more than 500 hectares or acquire more than 12 hectares by purchase, homestead or Private corporations may lease alienable lands up
grant to 1,000 ha for 25 years and renewable for 25 years

Congress shall determine by law
- size of land of public domain which may be acquired, developed, held and leased

4 Congress
Determine by law specific limits of forest lands and national parks
Provide for periods that measures to prohibit logging in endangered forests
5 State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure
Cruz v DENR
economic, social and cultural well being
Ancestral Domain: all embracing concept refers to lands,
inland waters, coastal areas and natural resources w/c
includes ancestral lands, forests, pasture, residential,
agricultural and other lands individually owned whether
alienable or not.

Ancestral Lands: Limited to lands not merely occupied and
possessed but also utilized by cultural communities under
the claim if individual or traditional group (resident lots, rice
terraces, or paddies)

6 Use of property bears a social function and all economic agents shall contribute to the common
good.
 Disclaimer made by Arcilla

Individuals and private groups, including corporations, cooperatives, and collective organizations,
shall have the right to own establish, and operate economic enterprises.
7 Hereditary succession no private lands shall be transferred or conveyed except to qualified Ramirez v Vda de Ramirez
o Individuals Halili v Halili
o corporations Non Filipinos cannot acquire or hold title to private
o associations lands or to lands except by legal succession.
If a land is invalidly transferred to an alien who
subsequently becomes a citizen or transfers it to a
citizen cures the invalid transaction.
Osmena v Osmena

8 Who can own private lands Manila Prince Hotel v GSIS
Filipino citizens National patrimony refers not only to natural
o Acquire and hold lands of public domain resources but also cultural heritage
Filipino corporations and associations (sec 2) Manila hotel is considered to be a landmark
o Cannot own lands but can hold lands by mode of acquisition or lease
Aliens in hereditary succession Army and Navy v CA
o Can be recovered by the vendor if the original parties died or been succeeded
Recovered by public policy
Natural born citizen who lost PH citizenship


9 Congress may establish an independent economic and planning agency headed by the President Notes:
after consultations with the appropriate public agencies, various private sectors, and local Economic and planning agency:
government units, recommend to Congress, and implement programs and policies for national Optional since formal economic planning is not an
development. indispensible part of managing
National Economic and Development Authority shall function as the independent planning agency Neda acts as a central planning agency (unless
of the government. provided otherwise by law)
Independent of congress, under the President and
dependent on the president who chairs the body
10 Congress upon recommendation of the economic and planning agency Notes:
Reserve to citizens of the Philippines or to corporations or associations at least 60% of whose
capital is owned by such citizens Filipinization
The Congress shall encourage the formation and operation of enterprises whose capital is owned - particular areas of business may be filipinized
by Filipinos. without doing violence to the equal protection
Granting rights and privileges, and concessions covering the national economy and patrimony, the clause
State shall give preference to Filipinos. - prioritizes qualified Filipinos in granting rights and
The State shall regulate and exercise authority over foreign investments within its national privileges
jurisdiction and in accordance with its national goals and priorities. - mandatory and enforceable to grant rights of
national economy and patrimony and not every
aspect of trade and commerce
 Disclaimer made by Arcilla

- regulation of the entry and existing foreign
investments.
11 No franchise, certificate or any other form of authorization shall be granted except to PH citizens Bagatsing v Committee
or corporations who owns at least 60% - Petron is not engaged in oil refining for hire and
Franchise, certificate or authorization should NOT be exclusive in character longer than 50 years compensation to process oil of other parties.
Neither shall any franchise or right be granted except under the condition that it shall be subject Making it not a public utility.
to amendment, alteration, or repeal by the Congress when the common good so requires. Gamboa v Teves
The State shall encourage equity participation in public utilities by the general public. - The 60% ownership applies not only to voting
The participation of foreign investors in the governing body of any public utility enterprise shall control of the corporation but also to the beneficial
be limited to their proportionate share in its capital, and all the executive and managing officers ownership. 60- 40 requirement must apply
of such corporation or association must be citizens of the Philippines. separately to each class of shares
-
12 Promote the preferential use of the Filipino labor, domestic materials and locally produced goods Filipino First Policy
and adopt measures to help make them competitive. - gives the native products and domestic entities
preference in govt purchase
- can extend beyond Filipino first in government and
private transactions.
13 Pursue trade policy that serves the general welfare and utilizes all forms and arrangements of Economic Change
exchange on the basis of equality and reciprocity - forms and arranges economic exchange
- must serve the general welfare
- not only by reciprocity but also by equality which
imports mutual benefit.
14 Sustained development of reservoir of national talents consisting of Filipino
o Scientists
o Entrepreneurs
o Professionals
o Managers
o High level technical manpower
Encourage appropriate technology and regulate its transfer for national benefit
Practice of professions are limited to Filipino Citizens
15 Congress shall create an agency to promote viability and growth of cooperatives as instruments
for social justice and economic development
16 Congress shall provide for the formation, organization or regulation of private corporations Economic viability is more than financial viability but also
GOCCs may be created by special charters in the interest of the common good subject to includes capability to make profit and generate benefits not
economic viability. quantifiable in financial terms.
17 In times of emergency or when public interest requires under reasonable terms temporarily take David v Arroyo
over or direct the operation of any privately owned public utility or business affected with public
interest.
18 The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and
 Disclaimer made by Arcilla

other private enterprises to be operated by the Government.

19 The State shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.

20 The Congress shall establish an independent central monetary authority,

o natural-born Filipino citizens
o majority come from the private sector.
o They shall also be subject to such other qualifications and disabilities as may be
prescribed by law.
o Policy direction in the areas of money, banking, and credit. It shall have supervision over
the operations of banks and exercise such regulatory powers as may be provided by law
over the operations of finance companies and other institutions performing similar
functions.

**Until the Congress provides the Central Bank of the Philippines, operating under existing
laws, shall function as the central monetary authority.

21 Foreign loans may only be incurred in accordance with law and the regulation of the monetary
authority.
Information on foreign loans obtained or guaranteed by the Government = Public

22 Acts which circumvent or negate any of the provisions of this Article shall be considered minimical
to the national interest and subject to criminal and civil sanctions, as may be provided by law.