ARTICLE XIACCOUNTABILITY 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.
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.cralaw:red
Section 3. (1) The House
of Representatives shall have the exclusive power to initiate all cases
of impeachment.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(5) No impeachment proceedings
shall be initiated against the same official more than once within a
period
of one year.cralaw:red
(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.cralaw:red
(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.cralaw:red
(8) The Congress shall promulgate
its rules on impeachment to effectively carry out the purpose of this
section.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
Section 7. The existing Tanodbayan
shall hereafter be known as the Office of the Special Prosecutor. It
shall
continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman
created under this Constitution.cralaw:red
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.cralaw:red
During their tenure, they
shall be subject to the same disqualifications and prohibitions as
provided
for in Section 2 of Article 1X-A of this Constitution.cralaw:red
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.cralaw:red
Section 10. The Ombudsman
and his Deputies shall have the rank of Chairman and Members,
respectively,
of the Constitutional Commissions, and they shall receive the same
salary
which shall not be decreased during their term of office.cralaw:red
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.cralaw:red
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.cralaw:red
Section 13. The Office of
the Ombudsman shall have the following powers, functions, and duties:chanrobles virtual law library
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(6) Publicize matters
covered
by its investigation when circumstances so warrant and with due
prudence.cralaw:red
(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.cralaw:red
(8) Promulgate its
rules
of procedure and exercise such other powers or perform such functions
or
duties as may be provided by law.cralaw:red
Section 14. The Office of the
Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations
shall be automatically and regularly released.
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.cralaw:red
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 to any firm or entity in which they have
controlling interest, during their tenure.cralaw:red
Section 17. A public officer
or employee shall, upon assumption of office and 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 Members of the Cabinet, the Congress, the Supreme Court, the
Constitutional
Commissions and other constitutional offices, and officers of the armed
forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.cralaw:red
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.
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