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Accountability of

Public Officials
HAZEL JOYCE D. SALATAN
Instructor

Basis for Disciplinary


Action

Dishonesty
Oppression
Neglect of Duty
Misconduct
Disgraceful and immoral act
Being notoriously undesirable
Discourtesy in he course of official duties
Inefficiency in the performance of official duties
Bribery, or other acts punishable under anti graft
laws;

Conviction of a crime involving moral turpitudes


Improper or unauthorized solicitation of
contributions from subordinate employees
Falsification of official documents
Frequent unauthorized absences or tardiness
Habitual drunkenness
Refusal to perform official duties
Disgraceful, immoral or dishonest conduct
Physical and mental incapacity, or disability due to
immoral or vicious habits
Borrowing money by superior officers from
subordinates
Willful failure to pay just debts
Nepotism

Anti- Graft and Corrupt


Practices
Persuading, inducing, or influencing another public
officer to perform as act constituting a violation of
rules and regulations or an offense in connection with
official duties or allowing himself to be persuaded,
induced, or influenced to commit such violation or
offense.
Directly or indirectly requesting or receiving any gift
for himself or for any other person in connection with
any contract between the government and other party.
Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him.

Causing any undue injury to any party, including


the government or giving any private party
unwarranted benefits in the discharge of his
official functions;
Neglecting or refusing without sufficient
justification to act within a reasonable time on
any matter pending before him
Entering, on behalf of the government, into any
contract that is grossly disadvantageous to the
government

Directly or indirectly becoming interested for


personal gain in any transaction or act requiring
the approval of the board, panel or group of which
he is a part;
Knowingly approving or granting any license,
permit in favor of any person not qualified.
Divulging valuable information of a confidential
character

Impeachment
- A criminal proceedings against a public officer
before a quasi-political court, instituted by a
written accusation called ARTICLES OF
IMPEACHMENT, on a particular charge specified
by law.
- A tedious means or instrument of political inquiry
conducted by legislative for purposes of removing
high officials of the State.

By the process of an impeachment case, the


legislative may adopt a criminal proceeding, but
it is strictly a non-criminal case, impeachment is
an administrative case, which penalty is removal
from office. Impeachment is a process of
investigating, prosecuting and deciding the case
at bar. Impeachment however may or may not
result in conviction of the respondent.
The aim of impeachment as shield of abuses by
high officials is essentially the protection of the
people from unscrupulous public officer who may
stand above the law. Impeachment is pursued for
the promotion of the interest of the State from
grave blunder and explotation

Impeachable Officers

The President and Vice President


The members of the Supreme Court
The members of Constitutional Commission
Ombudsman
The Presiding and Associate Justice of
Sandiganbayan

Grounds of Impeachment

Culpable Violation of the Constitution


Betrayal of Public Trust
Treason
Bribery
Graft and Corruption
Other High Crimes

Effects of Impeachment
The effect shall be limited to removal from office
and disqualification to hold any other office under
the Republic of the Philippines
Pardon or amnesty cannot be granted to an
officer who has been impeached.
An officer who has been impeached accordingly
by the legislative department may be charged
substantially before the court for criminal and
civil cases
The decision of impeachment is final and nonappealable even to the Supreme Court.

Procedures of
Impeachment
1. Filing of a verified complaint;
2. The verified complaint shall be included in the
Order of Business within 10 session days
thereafter the appropriate committee shall act
accordingly
3. After hearing by the appropriate committee of
the verified complaint and by a majority of vote
of all its members, the committee shall submit a
report to the house within 60 days from the date
of the referral, with its corresponding resolution.
The resolution shall be scheduled or calendared
by the House within 10 days.

A vote of at least 1/3 of all 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.
In case the House has duly endorsed the verified
complaint of impeachment, trial by Senate shall
commence.
The Senate shall have the power to try and decide all
cases of impeachment. When sitting for the purpose,
the Senators shall be under oath or affirmation. To
convict a high officer or the subject of impeachment,
2/3 vote is required of all members, in case the
required vote is not obtained, the result acquittal.
When convicted the person impeached shall be
removed from the office immediately, and shall suffer
disqualifications to hold any public office in the
Philippines.

Procedure in
Impeachment

Summons/Notice
Subpoena
Trial Proper
Judgment/Verdict

The Sandiganbayan
Is a collegiate trial court, the only one of its kind
in this country. It is on the same level as the Court
of Appeals.

Jurisdiction
1.
a.
b.
c.
d.
e.

Original Jurisdiction
Anti- Graft and Corrupt Practice Act
Forfeiture of property unlawfully
Penalty higher than prison correctional
Bribery
Overall Criminal cases that the Presidential
Commission on Good Govern ment may file
2. Exclusive Appellate Jurisdiction

Ombudsman
Composition
1. The Ombudsman
2. One overall deputy
3. One deputy for Luzon
4. One deputy for Visayas
5. One deputy for Mindanao
6. A separate deputy for the Military Service.

Powers and Functions


Investigate on its own, or on complaint by any
person, any act or omission appears to be illegal,
unjust, improper or inefficient
Direct, upon complaint or its own instance, any
public official or employee of the Government or
any subdivision, agency or instrumentality
thereof, as well as of government-owned or
controlled corporation with original character, 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

Direct the officer concerned to take appropriate


action against a public official and employee at fault,
and recommend his removal, suspension, demotion,
fine, ensure or prosecution and ensure compliance
therewith
Direct the officer concerned, in any appropriate case,
the 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
property, and report any irregularly to the
Commission on Audit for appropriate actions;

Request any government agency for assistance and


information necessary in the discharge of its
responsibilities, to examine, if necessary, pertinent
records and documents;
Publicize matters covered by its investigation when
circumstances so warrant and with prudence;
Determine the cause of inefficiency, red tape,
mismanagement, fraud and corruption in the
government and make high standards of ethics and
efficiency.
Promulgate its rules and procedure and exercise such
powers or perform such functions or duties as may be
provided by law.

Right to recover Ill Gotten


Wealth
Prescription means loss or acquisition of right by
passage or lapse of time or year
Laches refers to negligence in the performance
of legal duty, delay in asserting right, claiming a
privilege, or applying for redress
Estoppel means that one cannot deny his acts,
works or admission by subsequent acts, words or
admission.