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, 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.
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
 Public office, a public trust.

1. Significance of a constitutional
declaration.
2. Standards required of public servants.
3. Conflict of interest to be avoided.
4. Prohibitions or disabilities on certain
officials.
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
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- President
 The members of the Supreme Court
 The members of the Constitutional Commissions,
and
 The Ombudsman
Grounds for Impeachment

1. Culpable violation of the Constitution.

2. Treason
3. Bribery

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.

4. Graft and Corruption

5. Other high crimes
6. Betrayal of public trust.
 Section 3
The House of Representatives shall
have the exclusive power to initiate all
cases of impeachment.
Power to initiate and try impeachment vested in congress
 The 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 cases
 Filing of verified complaint. To start an impeachment, there should
be a verified complaint filed against the impeachment able officer
 Trial 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.
o Penalty in Impeachment
The 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.
o Effect of resignation
The 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.
o Rules on impeachment
Section3(8) empowers Congress to promulgate its
rules on impeachment to effectively carry out the
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.

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 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 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 8
The ombudsman and his Deputies shall born
citizens of the Philippines.
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.
SECTION 10.
The Ombudsman and his Deputies shall have
the rank of Chairman and Members
SECTION 11

The ombudsman and his Deputies shall serve for a term

of seven years without reappointment.

Tanodbayan- Office of the Ombudsman

1. Creation. The constitution directly creates the Office of

the Ombudsman to be known as Tanodbayan,
categorizing it like the three Constitutional Commission
as “independent”.
2. Composition. It is composed of the Ombudsman to be
known as Tanodbayan. Deputy each Luzon, Visayas, and
Mindanao.
3. Appointment. The first Ombudsman and his Deputies
4. Qualifications. Natural born citizen at least 40
years old person with recognized probity and
independence.
5. Disabilities during there tenure. They are
subject to the same disqualifications
6. Term of Office. The term of office is 7 years
without reappointment.
7. Rank and salary . The annual salary is 204, 000
and deputies is 180,00
8. Appointment of official and employees. All
officials of Ombudsman and Deputies shall
appoint by Tanodbayan.
Power, function and duties of
Ombudsman

(1)Accessibility- the ombudsman make himself

available at such hour and place.
(2)Investigatory- the ombudsman may act or
conduct investigation on the basis.
SECTION 12
The Ombudsman and his Deputies as a
protector of the people.
SECTION 13
The office of the Ombudsman shall have the following
power, function and duties.

(1) Investigate on its own

(2) Direct, upon complaint or at its own
(3) Direct the officer concerned to take appropriate action
(4) Direct the officer concerned in any appropriate action
(5) Request any government assistance and information
(6) Publicize matters covered by its investigation
(7) Determine the causes of inefficiency
(8) Promulgate its rule of procedure
SECTION 14

The office of the Ombudsman shall enjoy

fiscal autonomy. Its approved annual
appropriations shall be automatically and
regularly approved.
Fiscal autonomy
Like 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