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ACCOUNTABILITY OF

PUBLIC OFFICERS
SECTION 1, ARTICLE XI

 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.
PUBLIC OFFICE IS PUBLIC TRUST

In a representative government, the officers


being mere agents and not rulers of the
people, one where no one man or set of
men has a proprietary or contractual right to
an office, but where every officer accepts
office pursuant to the provisions of law and
holds the office as a trust for the people
whom he represents [ CORNEJO VS.
GABRIEL, 41 PHIL. 188 ]
IMPEACHABLE OFFICERS
[ SECTION 2 ]
1) President;
2) Vice President;
3) Members of the Supreme Court;
4) Members of CON-COM; and
5) Ombudsman.

NOTE: List of officers exclusive!


GROUNDS
1) Culpable Violation of the Constitution
2) Treason
3) Bribery
4) Graft and Corruption
5) Other High Crimes
6) Betrayal of Public Trust.

NOTE: All other public officers / employees may


be removed from office as provided by
law, but not by impeachment.
 PURPOSE

To remove an officer who does


not deserve to hold office.
PROCEDURE
[ SECTION 3 ]
INITIATION
a] If there is finding by the House Committee on Justice that
the verified complaint and / or resolution is sufficient in
substance; or

b] Once the House itself affirms or overturns the finding of


the Committee on Justice that the verified complaint and /
or resolution is not sufficient in substance; or

c] By the filing or endorsement before the Secretary General


of the House of Representatives of a verified complaint or
a resolution of impeachment by at least 1/3 of the
members of the House. [ FRANCISCO V. HR ]

NOTE: Unconstitutional !
(i) A verified complaint for
impeachment may be filed by any
Member of the HR or by any citizen
upon a resolution of endorsement
by any member thereof.

(i) Included in the Order of Business


within 10 session days, and referred
to the proper Committee within 3
session days.
NOTE:

If verified complaint is filed by at


least 1/3 of all the members of the
HR, the same shall constitute the
Articles of Impeachment, and trial
by the Senate shall forthwith
proceed.
iii) The Committee, after hearing,
and by a majority vote of all its
members, shall submit its report
to the House within 60 session
days from such referral,
together with the corresponding
resolution.
(iv) Vote of at least 1/3 of all the
members of the HR shall be
necessary either to affirm favorable
resolution with the A of I of the
Committee, or override its contrary
resolution.

(v) The vote of each member shall be


recorded.
LIMITATION

Not more than once within a


period of one (1) year
against the same official.
FRANCISCO VS. HR, 415
SCRA 44
 Complaint for impeachment was filed on
June 2, 2003.

 It was referred to the Committee on Justice


on April 5, 2003.

 On October 23, 2003 a 2nd complaint for


impeachment was filed against the same
public officer
CAN IT BE ENTERTAINED?

 Under Section 3 [ 5 ], Article XI of


the Constitution, no
impeachment proceeding shall
be initiated against the same
official more than once within a
period of one year.
 The intention of the framers of the
Constitution was that the
proceeding is INITIATED when a
verified complaint is filed and
referred to the Committee on
Justice for action within a period
of one (1) year.
TRIAL AND DECISION
(1)The Senate shall have the sole
power to try and decide all cases
of impeachment.

(2)When sitting for that purpose, the


Senators shall on oath or
affirmation.
(3) When the President of the
Philippines is on trail, the Chief
Justice of the SC shall preside,
but shall not vote.

(4) Decision of conviction must be


concurred in by at least 2/3 of
all the members of the Senate.
PENALTY
(1) Removal from office;

(2) Disqualification to hold any office under


the RP;

(3) Person convicted shall be liable and


subject to prosecution, trial and
punishment according to law.

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