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