 “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.”
Impeachment
 The power of Congress to remove a public
official for serious crimes or misconduct as
provided in the Constitution.
Impeachable Officers (PVMOM)
A. President
B. Vice-President
C. Members of the Supreme Court
D. Members of the Constitutional Commissions
E. Ombudsman
Grounds for Impeachment (TBOGB)
A. Treason
B. Bribery
C. Other high crimes
D. Graft and corruption
E. Betrayal of public trust
 Treason – committed by any person who, owing
allegiance to the Government of the Philippines,
levies war against it or adheres to its enemies,
giving them aid and comfort.
 Bribery – committed by any person who shall
agree to perform or refrain an act, in
consideration of any offer or gift received by
him by reason of his office.
 Other high crimes – offenses which are of so
serious as to strike at the very life or the orderly
workings of the government.
 Graft and corruption – prohibited acts
enumerated in the Anti-Graft and Corrupt
Practices Act
 Betrayal of Public Trust – cover all manner of
offenses unbecoming a public functionary but
not punishable by the criminal statutes.
Procedure
1. Initiating impeachment case
 Verified complaint filed by:
 Any member of the HR (must be
at least 1/3 of all member of the
HR)
 Any citizen
 Included in Order of Business within 10
session days
 Referred to the proper committee within 3
session days from its inclusion.
 The committee shall submit to the HR
within 60 sessions days from its receipt
together with its resolution
 A vote of at least 1/3 of all the members of
the HR shall be necessary to affirm a
favorable resolution with Articles of
Impeachment or override its contrary
resolution.
2. Trial and Decision in impeachment proceedings
 The Senators take an oath or affirmation
 A decision of conviction must be concurred
in by at least 2/3 of all members of Senate
Limitations imposed upon initiation of impeachment
proceedings
1. The HR shall have the exclusive power to initiate
all cases of impeachment
2. Not more than 1 impeachment proceeding shall
be initiated against the same official within a
period of 1 year.
Impeachment case vs. Impeachment proceeding
Impeachment case is the legal controversy that must
be decided by the Senate.
Impeachment proceeding is one that is initiated in
the HR.
The impeachment proceeding is initiated or begins
when a verified complaint is filed and referred to the
Committee on Justice for action. Once an
impeachment complaint has been initiated in the
foregoing manner, another may not be filed against
the same official within 1 year period.
Effects of conviction in impeachment
1. Removal from office
2. Disqualification to hold any other office under
the Republic of the Philippines
3. Party convicted shall be liable and subject to
prosecution, trial and punishment according to
law.
Ombudsman composition
a) The Ombudsman
b) One overall Deputy
c) At least One Deputy each for L,V,M
d) One Deputy for military establishment
Qualifications (3) Recommend his removal, suspension,
demotion, fine, censure, or prosecution,
1. Natural-born citizens of the Philippines and ensure compliance therewith.
2. At least 40 years old (4) Direct to furnish it with copies of
3. Of recognized probity and independence documents relating to contracts or
4. Members of the Philippine Bar transactions entered into by his office
5. Not have been candidates for any elective office involving the disbursement or use of public
in the immediately preceding election funds or properties, and report any
6. For Ombudsman, he must have been for 10 irregularity to the Commission on Audit for
years or more a judge or engaged in the appropriate action.
practice of law in the Philippines (5) Request any government agency for
assistance and information necessary in the
Disqualifications and inhibitions discharge of its responsibilities, and to
1. Shall not hold any other office or employment; examine, if necessary, pertinent records
2. Shall not engage in the practice of any and documents.
profession or in the active management or (6) Publicize matters covered by its
control of any business which in any way may be investigation when circumstances so
affected by the functions of his office; warrant and with due prudence.
3. Shall not be financially interested, directly or (7) Determine the causes of inefficiency, red
indirectly, in any contract with, or in any tape, mismanagement, fraud, and
franchise or privilege granted by the corruption in the Government and make
government, or any of its subdivisions, etc. recommendations for their elimination and
4. Shall not be qualified to run for any office in the the observance of high standards of ethics
election immediately succeeding their cessation and efficiency.
from office (RA 6770, Sec. 9) (8) Promulgate its rules of procedure and
exercise such other powers or perform such
functions or duties as may be provided by
law.
 Sec. 19. Administrative complaints – The
Ombudsman shall act on all complaints relating,
but not limited, to acts or omissions which:
1. Are contrary to law or regulation Sandiganbayan is a special appellate collegial court in
2. Are unreasonable, unfair, oppressive, or the Philippines that has jurisdiction over criminal and
discriminatory civil cases involving graft and corrupt practices and
3. Are inconsistent with the general course other offenses committed by public officers and
of an agency’s functions, though in employees, including those in GOCCs.
accordance with law;
4. Proceed from a mistake of law or an Composition:
arbitrary ascertainment of facts b. Presiding justice
5. Are in the exercise of discretionary c. 14 Associate justices
powers but for an improper purpose It sits in 5 divisions of 3 justices each.
6. Are otherwise irregular, immoral or
devoid of justification
 SECTION 13. The Office of the Ombudsman shall BASIS AMENDMENT REVISION
have the following powers, functions, and Definition Isolated or A revamp or
duties: piecemeal rewriting of the
(1) Investigate on its own, or on complaint by change merely whole
any person, any act or omission of any by adding, instrument
public official, employee, office or agency, deleting, or altering the
(2) Direct to perform or to stop, in the reducing substantial
performance of duties. without entirety of the
altering the Constitution.
basic principles
 involved.
LEGAL TESTS
Lambino considered the two-part test: the
quantitative test
and the qualitative test.
(1) Quantitative test - The court examines only the
number of provisions affected and does not
consider the degree of the change.
(2) Qualitative test - inquires into the qualitative
effects of the proposed change in the
constitution. The main inquiry is whether the
change will “accomplish such far reaching
changes in the nature of our basic governmental
plan as to amount to a revis ion.”
Kinds of Constitutions
1. Written or unwritten
2. Conventional or cumulative
3. Rigid or flexible
should be held not earlier than 60 days nor later than
90 days after the approval of such amendment.
Requisites for a valid ratification
1. Held in a plebiscite conducted under Election Law;
2. Supervised by COMELEC; and
3. Where only registered voters take part.
Dual citizenship – arises when, as a result of the
concurrent application of the different laws of two or
more states, a person is simultaneously considered a
national by the said states.
Dual allegiance – refers to the situation in which a
person simultaneously owes, by some positive act,
loyalty to two or more states.
DC is involuntary, DA is the result of an individual’s
volition.

Written Constitution
Whose precepts are embodied in one document or
set of documents

Unwritten Constitution
Consists of rules which have not been integrated into
a single, concrete form. (e.g. judicial decisions,
customs and traditions, common law principles)

Conventional Constitution
An enacted constitution formally “struck off” at a
definite time and place following a conscious effort
taken by a constituent body.

Cumulative Constitution
The result of political evolution “not inaugurated at
any specific time but changing by accretion rather
than by any systematic method”

Rigid Constitution
One that can be amended only by a formal and
usually difficult process

Flexible Constitution
One that can be changed by ordinary legislation

 The Constitution of the Philippines is written,

conventional, and rigid.

Ratification
Amendments or revisions to the Constitution should
be ratified by the majority in a plebiscite which
 BASIS CONSTITUENT ASSEMBLY CONSTITUTIONAL CONVENTION PEOPLE’S INITIATIVE
(ConAss) (ConCon)
How proposed By Congress acting as Constituent 1. By Congress upon a vote of By the people, upon a petition thru a
Assembly upon a vote of ¾ of ALL its 2/3 of ALL its members (to call for a plebiscite (at least 12% of the TOTAL
members ConCon); OR 2. Upon a majority vote number of registered voters, of which
of ALL members of Congress to every legislative district must be
submit to the Electorate the question of represented by 3% of the registered
calling a ConCon (+Plebiscite) (1987 voters therein (1987 Constitution, Art.
Constitution, Art. XVII, Sec. 3) XVII, Sec. 2) (+Full text of the proposed
amentments attached in the petition)
Coverage Amendment or Revision Amendment ONLY

By Proposal Ratification
Amendments A. By Congress (as Constituent By a vote of ¾ of all its members Majority of the votes cast via
Assembly) Plebiscite, 60-90 days after
B. Constitutional Convention In practice, per internal rules, limited Approval of the amendments
by the Doctrine of Proper
Submission
C. People’s Initiative Upon COMELEC’s certification of the
sufficiency of the petition
Revisions D. By Congress (as Constituent By a vote of ¾ of all its members Majority of the votes cast via
Assembly) Plebiscite, 60-90 days after
E. Constitutional Convention In practice, per internal rules, limited approval of the revision
by the Doctrine of Proper
Submission