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ACCOUNTABILITY OF PUBLIC OFFICERS
SEC 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.
SEC. 2.
The President, 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.
SEC. 3.
(1) The House of Representatives shall have the exclusive
power to initiate all cases of impeachment.
(2) A verified complaint may be filed by any Member of the
House of Representatives or by any citizen upon a resolution
of 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.
(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.
(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.
(5) No impeachment proceedings shall be initiated against
the same official more than once within a period of one
year.
(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.
(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.
(8) The Congress shall promulgate its rules on impeachment
to effectively carry out the purpose of this section.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in
Section 2 of Article IX-A of this Constitution.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 agency, subdivision or instrumentality thereof,
including government-owned or controlled corporations, and
shall, in appropriate cases, notify the complainants of the
actions taken and the result thereof.
SEC. 13.
The Office of the Ombudsman shall have the following powers,
functions, and duties :
(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.
(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.
(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
and 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.
(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.
(6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
(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.
(8) Promulgate its rules and procedure and exercise such
other powers or perform such functions or duties as may be
provided by law.
SEC. 14.
The Office of the Ombudsman shall enjoy fiscal autonomy. Its
approved annual appropriations shall be automatically and
regularly released.
SEC. 15.
The right of the State to recover properties unlawfully
acquired by public officials and employees, from them or
from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.
SEC. 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.
SEC. 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.
SEC. 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. |
