Accountability of Public Officials

HAZEL JOYCE D. SALATANInstructor

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 non-appealable 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.

Jurisdiction1. Original Jurisdictiona. Anti- Graft and Corrupt Practice Actb. Forfeiture of property unlawfullyc. Penalty higher than prison correctionald. Briberye. Overall Criminal cases that the Presidential

Commission on Good Govern –ment may file2. Exclusive Appellate Jurisdiction

Ombudsman• Composition1. The Ombudsman2. One overall deputy3. One deputy for Luzon4. One deputy for Visayas5. One deputy for Mindanao6. 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.