Вы находитесь на странице: 1из 11

ARTICLE VI: THE LEGISLATIVE DEPARTMENT punish for contempt and to determine the rules of

its proceedings.
LAW AND LEGISLATIVE POWER • Inherent Power - powers which are possessed
• Legislative power - Authority under the and can be exercised by government because
constitution to make laws and subsequently, they exist as an attribute of sovereignty.
when the need arises, to alter and repeal them. (Taxation, Police power, Eminent Domain)
• Law - refers to statutes which are the written Principle of Checks and Balance
enactments of the legislature governing the
relations of the people among themselves or • The three co-equal departments are established
between them and the government and its by the Constitution to strike balance in the
agencies. government, but if upset, each department is
given certain powers to check the others.
FUNCTION OF LAWS • Constitutional provisions authorize a
• It defines the rights and duties of citizens considerable amount of encroachment or
• Impose taxes checking by one department in the affairs of the
• Appropriate funds other.
• Defines crime and provides punishment • Checks by the President – veto or disapprove
bills, pardoning power, modify or set aside
• Creates, abolishes, and determine jurisdiction
judgement of courts.
and function of government offices
• Checks by Congress – override the veto of the
• Regulates human conduct and use of property for
president, reject appointment, revoke or suspend
the promotion of common good.
martial law, amend or revoke decisions of courts
PHILIPPINE CONGRESS (by enactment of new or amendment of an
existing law)
• The legislative department of the Philippines is • Checks by the Judiciary – with the help of
formally called Congress of the Philippines. Supreme Court, may exercise the power of
• The Congress of the Philippines is divided into Judicial Review to declare a law or executive
two chambers namely; the Senate of the order unconstitutional, determine if there has
Philippines, and the House of Representatives. been grave abuse of discretion or lack or excess
• Philippines, having two chambers, is utilizing by the president of congress
“bicameralism”.
SENATE OF THE PHILIPPINES
Powers of the Congress
• Also known as the Upper House, the Senate
• General Legislative Power - power to enact shall be composed of 24 Senators who shall be
laws intended as rules of conduct to govern the elected at large by the qualified voters of the
relationship among individuals and the State. Philippines, as may be provided by law.
• Specific Power - powers which the Constitution • Each half of the members of the senate are
expressly directs or authorizes Congress to elected every six years.
exercise like the power to choose who shall • Senator Vicente Sotto III is currently the Senate
become President in case two or more have the President.
highest or equal number of votes to confirm
certain appointment by the President Qualifications (Senate)
• Implied Power - they are those essential or
• He is a natural-born citizen of the Philippines
necessary to the effective exercise of the powers
• Is at least thirty-five years of age on the day of
expressly granted. Like the power to conduct
the election
inquiry and investigation in aid of legislation to
• Able to read and write,

PHILIPPINE CONSTITUTION | 1
• A registered voter - A resident of the Philippines • Able to read and write, and, except the party-list
for not less than two years immediately preceding representatives,
the day of the election • A registered voter in the district in which he shall
be elected, and a - resident thereof for a period
Senate Term of Office
of not less than one year immediately preceding
The term of office of the Senators: the day of the election.

• Shall be six years and shall commence, unless Immunity


otherwise provided by law, at noon on the
• A Senator or Member of the House of
thirtieth day of June next following their election.
Representatives shall in all offenses punishable
• No Senator shall serve for more than two
by not more than six years imprisonment be
consecutive terms.
privileged from arrest while the Congress is in
• Voluntary renunciation of the office for any length session and enjoys freedom from being
of time shall not be considered as an interruption questioned from any speech or debate in the
in the continuity of his service for the full term of Congress or in any committee thereof.
which he was elected.
STEPS IN THE PASSAGE OF A BILL
House of Representatives
• First reading - any member of either House may
• It is the lower house of the Congress of the present a proposed bill, signed by him for 1st
Philippines. reading and reference to the proper committee.
• It is often commonly referred to as Congress and • Referral to appropriate committee - after 1st
informally referred to as Camara or Kamara. reading, the bill is referred to the proper
• Members of the House are officially styled as committee for study and consideration.
representative (Kinatawan) and sometimes • Second reading - if the bill id favored by the
informally called Congressmen/Congresswomen committee, it is forwarded to the Committee on
(mga kongresista) and are elected to a three-year Rules.
term.
• Debates - general debate is now opened.
• Around eighty percent of congressmen are Amendment may be proposed by any member of
district representatives, representing a particular Congress.
geographical area. • Printing and distribution - the bill is then
• There are 234 legislative districts in the country, ordered in its final form
each composed of about 250,000 people.
• Third reading - only the title of the bill is read on
• There are also party-list representatives elected the floor. Nominal voting is held.
through the party-list system who constitute not
• Referral to the other house - if approved, the
more than twenty percent of the total number of
bill is passed to the other house where it will take
representatives.
the same procedure.
• Currently there are a total of 297 representatives
• Submission to joint bicameral committee -
in the House where 238 are from geographical differences if any, between the House’s bill and
districts, and 59 are party-list representatives.
the Senates amended version and vice versa are
• Former president Gloria Macapagal-Arroyo is the submitted to a conference committee of members
current Speaker of the House. of both Houses.
Qualification (House of Representatives) • Submission to the President - a bill approved
on the 3rd reading shall be printed and submitted
• A natural-born citizen of the Philippines to the president for his approval or disapproval.
• Is at least 25 years of age, on the day of the Either signed or sent back with a veto message
election from the president.

PHILIPPINE CONSTITUTION | 2
ARTICLE VI – EXECUTIVE DEPARTMENT incumbent during which such increase was
approved.
Executive Power - It is the power to administer the laws, • They shall not receive during their tenure any
which means carrying them into practical operation and other emolument from the Government or any
enforcing their due observance. other source.
PRESIDENT AND VICE-PRESIDENT WHEN VICE PRESIDENT SHALL ACT AS PRESIDENT
• The Vice-President may be removed from office • If the president-elect fails to qualify
in the same manner as the President.
• If a president shall not have been chosen
• The Vice-President may be appointed as a
• In case of temporary inability or incapacity of the
Member of the Cabinet. Such appointment
President to discharge his powers and duty
requires no confirmation.
WHERE THERE ARE NO PRESIDENT AND VICE-
QUALIFICATIONS
PRESIDENT
• Natural born citizen of the Philippines
• Before assumption - the Senate President, or
• A registered voter incase in his inability, the Speaker of the house of
• Able to read and write Representative, shall act as President until a
• At least 40 years of age on the day of the election President and a Vice-President shall have been
for president and chosen.
• Resident of the Philippine for at least ten (10) • After assumption - the Senate President, or
years immediately preceding such election incase in his inability, the Speaker of the house of
TERM AND ELECTION Representative, shall act as President incase of
death, permanent disability, removal from office,
• Elected by direct vote of the people. or resignation of both the President and a Vice-
• For a term of six years which shall begin at noon President shall have been elected and qualified
on the thirtieth day of June next following the day • Where Senate President and Speaker are also
of the election and shall end at noon of the same unable to act as President - congress is
date six years thereafter. mandated to provide by law for this case as to
• The President shall not be eligible for any who shall act as president including the manner
reelection. of election until the President or Vice President
• No person who has succeeded as President and shall have been elected or qualified
has served as such for more than four years shall
VACANCY
be qualified for election to the same office at any
time. • Whenever there is a vacancy in the Office of the
• No Vice-President shall serve for more than two Vice-President, the President shall nominate a
successive terms. Vice-President from among the Members of the
Senate and the House of Representative.
SALARIES AND WAGES
• Special election - in case of a permanent
• The salaries of the President as provided by law, vacancy in the Offices of both President and
has an annual salary of Php300,000.00 pesos Vice-president.
and Vice-President at Php240,000s and shall be
RULES IN CASE OF TEMPORARY DISABILITY OF THE
determined by law and shall not be decreased
PRESIDENT
during their tenure.
• No increase in said compensation shall take • Declaration by the president - may transmit his
effect until after the expiration of the term of the written declaration of being unable to discharge
the powers and duties of his Office.

PHILIPPINE CONSTITUTION | 3
• Declaration by members of the Cabinet - the • Designation is simply the mere imposition of
Vice-President shall immediately assume the new or additional duties upon an officer already
Office of the President temporarily. in the government service. It is different from
• Decision by Congress incase of a dispute - appointment.
voting separately may decide on the existence or • Removal is the ouster of the incumbent before
termination of the presidential incapacity the expiration of his term of office.
RIGHT OF THE PUBLIC SCOPE OF CONTROL OF THE PRESIDENT

• In case of serious illness of the President, the • All executive departments


public shall be informed of the state of his health. • All bureaus
• All offices
CONFLICT OF INTEREST
MILITARY POWER
• The President, Vice-President, the Members of
the Cabinet, and their deputies or assistants shall • The President shall be the Commander-in-Chief
not, hold any other office or employment during of all armed forces of the Philippines.
their tenure. Avoid conflict of interest in the
conduct of their office. Powers to meet emergency situation:

RULE ON NEPOTISM • To call out such armed forces to prevent or


suppress lawless violence, invasion or rebellion
• President is prohibited during his tenure to • To suspend the privilege of writ of habeas corpus
appoint his spouse and relative by consanguinity • To declare Martial Law
or affinity w/in the 4th civil degree to any
positions mentioned. REQUIREMENTS TO SUSPEND PRIVILEGE OF WRIT
OF HABEAS CORPUS
POWER TO APPOINT
• There must be invasion or rebellion.
• Appointment - act of designation by the • The public safety must require the suspension.
executive officer, board or body to whom the
power has been delegated of the individual who POWERS AFTER FINAL CONVICTION OF AN
is to exercise the functions of a given office. INDIVIDUAL
• Kinds of Presidential Appointment
• Reprieve - Is the postponement of the execution
Regular appointment - made during the session
of a death sentence to a certain date
of the congress
• Suspension of sentence - postponement of a
Ad interim appointments - those made during a
sentence for an indefinite time
recess of congress
• Commutation - the reduction of the sentence
Kinds of Appointment in the career services imposed to a lesser punishment as from death to
life imprisonment. It may be granted without the
• Permanent - issued to a person who meets all acceptance and even against the will of the
the requirement for the position to which he is convict
appointed. • Pardon - an act of grace proceeding from the
• Temporary or acting - issued to a person who power entrusted with the execution of the laws
meets all the requirement for the position to which exempts the individual on whom it is
which he is being appointed except the bestowed.
appropriate civil service eligibility; it shall not • Amnesty - act of the sovereign power granting
exceed 12 months. oblivion or a general pardon for a past offense
DESIGNATION AND REMOVAL POWERS usually granted in favor of certain classes of

PHILIPPINE CONSTITUTION | 4
persons who have committed crimes of a political a. pass upon a validity of the constitution
character such as treason, sedition or rebellion.
b. to interpret them
(Trillanes case)
c. render binding judgments
NATURE OF PARDON
“Parole” • Incidental powers - includes the incidental
powers necessary to the effective discharge of
• It is an act of forgiveness the judicial functions such as the power to punish
• It is granted by the President alone after persons adjudged in contempt.
conviction
ORGANIZATION OF COURTS
• Private act of the president which must be
pleaded and proved by the person who claims to Regular Court:
have been pardoned because the courts take no
judicial notice. • Court of Appeals - With 69 justices headed by a
• Granted for infraction of the peace of the State. presiding Justice w/c operate in 28 divisions each
• Granted with the concurrence of Congress before comprising 3 members
or after conviction. • Regional Trial Court - Presided by 720 regional
• Act of forgetfulness trial Judges in each of the 13 regions of the
country
• Granted for infractions for crimes against the
• Metropolitan Trial Court - A Municipal Trial
sovereignty of the State.
Court in every city not forming part of a
• By the proclamation of the president with
metropolitan area
concurrence of Congress is a public act of which
the courts will take judicial notice. Special Court:
DIPLOMATIC POWERS • Sandiganbayan - 14 Justices and a presiding
Judge
• The President may contract or guarantee foreign
• Court of Tax Appeals - With 5 Justices and a
loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board, presiding Justice, was created under R.A. 1125
as amended by R.A. 9282
and subject to such limitations as may be
provided by law. JURISDICTION OF VARIOUS COURTS
• The President may enter into a treaty on behalf of
the Republic of the Philippines. Jurisdiction - the power and authority of the court to hear,
try and decide a case. It may be:
ARTICLE VIII: JUDICIAL DEPARTMENT
• General - empowered to decide all disputes
Judicial power - the power and duty of courts of justice to which may come before it except those assigned
apply the laws to contests or disputes concerning legally to other courts (ex. Jurisdiction of the regional
recognized rights or duties between the State and private trial court)
persons or individuals or between private persons or • Limited - has the authority to hear and determine
individual litigants, in case properly brought before the only a few specified cases(ex. Jurisdiction of
judicial tribunals special courts)
SCOPE OF JUDICIAL POWER • Original - can try and decide a case presented
for the first time. It may be exclusive or
• Adjudicatory power - judicial power includes the concurrent.
duty of courts of justice. • Appellate - can take a case already heard and
• Power of judicial review - also includes the decided by a lower court removed from the latter
power to: by appeal.

PHILIPPINE CONSTITUTION | 5
• Exclusive - can try and decide a case which LEGAL TERMS
cannot be presented before any other court
• Certiorari - writ issued from a superior court
• Concurrent - when any two or more courts may
requiring a lower court or a board or officer
take cognizance of a case.
exercising judicial functions to transmit the
• Criminal - that which exists for the punishment of
records of the case to the superior court for the
crime
purpose of a review.
• Civil - that which exists when the subject matter
• Mandamus - order issued by a superior court
is not a criminal nature (ex. Collection of debt)
commanding a lower court or a corporation,
COMPOSITION OF THE SUPREME COURT board or person to perform a certain act which it
is its or his duty to do.
• Chief Justice • Quo warranto - action by the government to
• Fourteen Associate Justice recover an office or franchise from an individual
POWERS or corporation usurping or unlawfully holding it.
• Pleading - act of presenting one’s claim, answer,
• Exercise original jurisdiction over cases affecting or arguments in defense or prosecution of an
ambassadors, other public ministers and consuls, action.
and over petitions for certiorari, prohibition,
mandamus, quo warrant to, and habeas corpus. QUALIfiCATIONS FOR MEMBERS OF THE SUPREME
• Review, revise, reverse, modify, or affirm on COURT AND ANY LOWER COLLEGIATE COURT
appeal or certiorari as the law or the Rules of • Must be natural born citizen
Court may provide, final judgments and orders of • At least 40 yrs. of age
lower courts in: • Must have, for 15 yrs. of more, been a judge of a
• All cases involving the legality of any lower court or engaged in the practice of law in
tax, impost, assessment, or toll, or any the Philippines
penalty imposed in relation thereto. • Must be a person of proven competence,
• All cases in which the jurisdiction of any integrity, probity and independence.
lower court is in issue. • Lower Collegiate - qualifications shall be
• All criminal cases in which the penalty prescribed by the Congress as provided in
imposed is reclusion Perpetua or higher section 7(2). But they must be natural born
• All cases in which only an error or citizen.
question of law is involved.
• All cases in which the constitutionality or APPOINTMENT AND SALARY
validity of any treaty, international or
• The Members of the Supreme Court and judges
executive agreement, law, presidential
of lower courts shall be appointed by the
decree, proclamation, order, instruction,
President.
ordinance, or regulation is in question.
• The salary of the Chief Justice and of the
• Assign temporarily judges of lower courts to other
Associate Justices of the Supreme Court, and of
stations as public interest may require. Such
judges of lower courts shall be fixed by law.
temporary assignment shall not exceed six
months without the consent of the judge TENURE OF OFfiCE OF MEMBERS OF THE
concerned JUDICIARY
• Order a change of venue or place of trial to avoid
a miscarriage of justice. • Security Tenure - they shall hold office of good
behavior until they reach the age of 70, or
• Appoint all officials and employees of the
becoming incapacitated
Judiciary in accordance with the Civil Service
Law.

PHILIPPINE CONSTITUTION | 6
• Retirement age - retirement age was reduced • In addition, Article XIII of the constitution and the
from 70 to 65 yrs. old. Administrative Code of 1987 created the
• Termination of right to hold office - the Commission on Human Rights (CHR).
constitution provides for the impeachment of the
APPOINTMENT AND REMOVAL OF OFFICIALS
members of the Supreme Court.
• Abolition of office - removal of office is to be • As independent bodies charged with the sole and
distinguished from termination by virtue of the exclusive responsibility for the proper
abolition of the office. management of their respective offices, the four
(4) Constitutional Commissions have,
PROHIBITION TO QUASI-JUDICIAL DESIGNATION
accordingly, the power to appoint their own
• The Members of the Supreme Court shall not be officials and employees and to remove them.
designated to any agency performing quasi- • In the exercise of such power, they are subject to
judicial or administrative functions the provisions of the Civil Service Law.
• Said law must, of course, be in accordance with
DECISION OF COURT
the provisions of the Constitution, particularly on
• Decision - judgment rendered by a court of Civil Service.
justice or other competent tribunal after the THE CIVIL SERVICE COMMISSION
presentation of the respective positions of the
parties in an ordinary or criminal case or upon a • Currently headed by Chairman Francisco Duque
stipulation of facts upon which the disposition of III.
the case is based. • The constitution entrusts the administration of the
civil service, inclusive of all the branches,
FORM OF DECISION OF COURT
subdivisions, instrumentalities and agencies of
• Statement of both factual and legal basis the government, and government-owned or -
• Reason for requirement controlled corporations, to the Civil Service
• Statement of legal basis only Commission (CSC).
• Civil service - professionalized body of men and
MAXIMUM PERIOD FOR RENDITION OF DECISION women who have made of the government
service a lifetime career. Portion of the public
• Supreme Court - within 24 months
service that is “ governed by the merit principle in
• Court of appeals and other Collegiate Courts - 12
the selection of officers and employees.”
months
• The CSC acts as the central personnel agency of
• Lower Courts - within 3 months unless reduced
the government.
by the Supreme Court
• It is mandated to adopt measures to promote
ARTICLE IX: CONSTITUTIONAL COMMISSIONS morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the
NATURE OF CONSTITUTIONAL COMMISSIONS bureaucracy.
• Aside from the three branches of government, • It is also tasked to strengthen the merit and
Article IX of the 1987 Constitution established rewards system within government agencies,
three independent, fiscally-autonomous integrate human resources development
commissions: the Civil Service Commission programs for all levels and ranks, and
(CSC), the Commission on Elections institutionalize a climate conducive to
(COMELEC), and the Commission on Audit transparency and accountability.
(COA). • The Career Service Eligibility examinations for
prospective government officers and employees
are being administered by the CSC.

PHILIPPINE CONSTITUTION | 7
• The CSC shall be led by a chairman and two • Exercise exclusive original jurisdiction over
commissioners, who shall be appointed by the contests relating to the elections, returns and
President—with approval from the Commission qualifications of elective regional, provincial and
on Appointments—for single seven-year terms. city officials, and appellate jurisdiction over
contests involving elective municipal officials or
CONSTITUTIONAL CLASSIfiCATION OF POSITIONS IN
barangay officials decided by trial courts.
THE CIVIL SERVICE
• Decide all questions affecting elections, including
• Competitive - those whose appointments are determination of the number and location of
made according to merits and fitness as polling places, appointment of election officials
determined by competitive examinations. 2. and inspectors, and registration of voters.
• Non-competitive - those appointments do not • Deputize law enforcement agencies and
have to take into account merit and fitness as instrumentalities of the government, including the
determined by competitive examinations. (Highly Armed Forces of the Philippines (AFP), to ensure
determining, confidential, and technical) peaceful, orderly and credible elections.
• Register political parties, organizations or
THE CIVIL SERVICE COMMISSION QUALIFICATIONS coalitions, and accredit citizens’ arms or
• a natural-born citizen of the Philippines; watchdogs.
• at least thirty-five years of age; • File petitions in court for inclusion or exclusion of
• proven capacity for public administration; and voters, and investigate and prosecute cases of
violations of election laws, including election
• must not have been candidates for any elective
frauds, offenses, and malpractices.
position preceding their appointment.
• Recommend to Congress measures to minimize
THE CIVIL SERVICE COMMISSION (TERM) election spending, limit places for propaganda
materials, and prevent and penalize all forms of
• The Chairman and the Commissioners shall be election frauds, offenses and nuisance
appointed by the President candidates.
• The Chairman shall hold office for seven years • Submit to the President and Congress a
• A Commissioner for five years comprehensive report on the conduct of each
• Another Commissioner for three years election, plebiscite, initiative, referendum, or
THE COMMISSION ON ELECTIONS recall.

• The Commission on Elections (COMELEC) is the


primary government agency responsible for the COMELEC TERM
conduct of regular and special elections in the
country. • The COMELEC shall be composed of a chairman
• Similar to other constitutional commissions, the (currently is Andres Bautista) and six
COMELEC is an independent and fiscally- commissioners, who shall be appointed by the
autonomous body free from political interference President—with approval from the Commission
or influence from the three branches of on Appointments—for single seven-year terms.
government, which makes possible the conduct COMELEC QUALIFICATIONS
of free, fair, and honest elections.
• a natural-born citizen of the Philippines;
COMELEC POWERS AND FUNCTIONS
• at least thirty-five years of age;
• Enforce and administer all laws and regulations • holder of a college degree; and
relative to the conduct of an election, plebiscite, • has not been a candidate for any elective position
initiative, referendum, and recall. in the immediately preceding elections.

PHILIPPINE CONSTITUTION | 8
THE COMMISSION ON AUDIT • has not been a candidate for any elective position
in the preceding elections.
• Envisioned as an anti-graft and corruption body,
the Commission on Audit (COA) was established THE COMMISSION ON HUMAN RIGHTS
to audit, examine, and settle all accounts
pertaining to the revenue, funds, expenditures • Currently headed by Chairman Jose Luis Martin
and property owned or held in trust by Gascon also known as Chito Gascon
government agencies, including other • Apart from the three bodies created in Article IX
constitutional commissions, government-owned of the constitution, Sections 17 and 18 of Article
or -controlled corporations, autonomous state XIII and the Administrative Code of 1987
colleges and universities, and non-governmental established an independent Commission on
entities receiving subsidy or equity from or Human Rights (CHR).
through the government. THE COMMISSION ON HUMAN RIGHTS POWERS AND
THE COMMISSION ON AUDIT POWERS FUNCTION

• Promulgate accounting and auditing rules and • Investigate all forms of human rights violations
regulations, including those for the prevention involving civil and political rights.
and disallowance of irregular, unnecessary, • Provide appropriate legal measures for the
excessive, extravagant or unconscionable protection of human rights of all persons within
expenditures, or uses of government funds and the Philippines, as well as Filipinos residing
properties. abroad.
• Submit annual reports to the President and • Provide for preventive measures and legal aid
Congress on the financial condition and operation services to the underprivileged whose human
of the government. rights have been violated or need protection.
• Recommend measures to improve the efficiency • Exercise visitorial powers over jails, prisons, or
and effectiveness of government operations. detention facilities.
• Keep the general accounts of government, and • Establish a program of research, education, and
preserve the vouchers and supporting papers information to enhance respect for the primacy of
pertaining thereto. human rights.
• Decide any case brought before it within 60 days. • Recommend to Congress effective measures to
promote human rights, and to provide for
THE COMMISSION ON AUDIT COMPOSITION compensation to victims of violations of human
rights, or their families.
• The COA shall be comprised of a chairman
• Monitor the government’s compliance with
(currently is Michael Aguinaldo) and two
international treaty obligations on human rights.
commissioners, who shall be appointed by the
President—with approval from the Commission • Grant immunity from prosecution to any person
on Appointments—for single seven-year terms. whose testimony or possession of evidence is
necessary or convenient to determine the truth in
THE COMMISSION ON AUDIT COMPOSITION any matter it investigates
QUALIFICATION
THE COMMISSION ON HUMAN RIGHTS
• a natural-born citizen of the Philippines; COMPOSITION AND QUALIFICATION
• at least thirty-five years of age;
The CHR is composed of a chairman and four
• a certified public accountant, with not less than
commissioners, who shall be appointed by the President
ten years of auditing experience, or a member of
for single seven-year terms. The qualifications for the
the Philippine Bar who has been engaged in the
chairman and commissioners are as follows:
practice of law for at least ten years; and

PHILIPPINE CONSTITUTION | 9
• a natural-born citizen of the Philippines; - treason,
• at least thirty-five years of age; and
- bribery,
• has not been a candidate for any elective position
preceding their appointment. - graft and corruption, other high crimes, or
- betrayal of public trust.

LAST TOPIC: ACCOUNTABILITY OF PUBLIC IMPEACHMENT


OFFICERS
• defined as a method of national inquest into the
WHAT IS PUBLIC ACCOUNTABILITY IN THE conduct of public men. Essentially in the nature
PHILIPPINES? of a criminal prosecution before a quasi-political
effort, instituted by a written accusation called
• Public office is a public trust. Public officers and “articles of impeachment” upon a charge of the
employees must at all times be accountable to commission of a crime or some official
the people, serve them with utmost responsibility, misconduct or neglect.
integrity, loyalty, justice and lead modest lives.
• Public office is a: IMPEACHABLE OFFICERS

- public trust • The President,


• the Vice-President,
- not a property • the Members of the Supreme Court,
- not a contract • the Members of the Constitutional Commissions,
and
MEANING OF OFFICER AND EMPLOYEE • the Ombudsman
• EMPLOYEE- generally referred to a person in ROLE OF THE CONGRESS
public service. any person in the service of the
government or any of its agencies, divisions, • The House of Representatives shall have the
subdivisions or instrumentalities. exclusive power to initiate all cases of
• OFFICER - refers to those officials whose duties impeachment.
not being of a clerical or manual nature, involve • The Senate shall have the sole power to try all
the exercise of discretion in the performance of cases of impeachment
the functions of government
PROCEDURE IN IMPEACHMENT CASES
IMPORTANCE
• Filing of verified complaint - To start an
Public accountability is important because it provides a impeachment, there should be a verified
democratic means to: complaint filed against the impeachment able
officer
• monitor and control government conduct, • Trial by the Senate - When the senate sits in
• prevent the development of concentrations of impeachment cases its required to be under oath
power, and or affirmation.
• enhance the learning capacity and effectiveness • Requirements for conviction - To convict an
of public administration. officer, the concurrence of at least 2/3 all
REMOVAL FROM OFFICE members of the Senate is necessary

• Only selected officers may be removed from PENALTY IN IMPEACHMENT


office, on impeachment for, and conviction of: • The penalty to be imposed on an officer found
- culpable violation of the Constitution, guilty of an impeachment charge is limited “to

PHILIPPINE CONSTITUTION | 10
removal from office and disqualification to hold POWER, FUNCTION AND DUTIES OF OMBUDSMAN
any office under the Republic of the Philippines.”
• Accessibility - the ombudsman make himself
• No penalty in form of imprisonment or fine may
be imposed. available at such hour and place.
• Investigatory - the ombudsman may act or
EFFECT OF RESIGNATION conduct investigation on the basis.
• Investigate on its own
• The object of impeachment may not only be the
• Direct, upon complaint or at its own
removal of the accused from the office but also
• Direct the officer concerned to take appropriate
his disqualification to hold any office under the
action
Republic of the Philippines.
• Direct the officer concerned in any appropriate
SANDIGANBAYAN action
• Request any government assistance and
• the anti-graft court Under the 1973 Constitution,
information
the Batasang Pambansa was directed to create a
• Publicize matters covered by its investigation
special court to be known as Sandiganbayan.
• Determine the causes of inefficiency
This court shall have jurisdiction over civil and
criminal cases. • Promulgate its rule of procedure
• The present anti-graft court known as DECLARATION OF ASSETS, LIABILITIES AND NET
Sandiganbayan shall continues to function and WORTH
exercise its jurisdiction as now or hereafter may
be provided by law. • The making of declaration under oath of his
assets, liabilities and net worth is mandatory for
TANODBAYAN- OFFICE OF THE OMBUDSMAN every public officer or employee upon
assumption to the officer and cannot be
• The constitution directly creates the Office of the
dispended with by law.
Ombudsman to be known as Tanodbayan,
categorizing it like the three Constitutional • The purpose of declaration is to determine the
Commission as “independent”. net worth of a public officials or employee at a
given date, such that an increase in net worth at
• It is composed of the Ombudsman to be known
a subsequent period if unreported and
as Tanodbayan. Deputy each Luzon, Visayas,
unexplained, taking into account his known
and Mindanao.
sources of income and reasonable allowance for
living, give rise to the presumption of that
increase represents ill-gotten wealth or untaxed
income.

PHILIPPINE CONSTITUTION | 11