ARt XI Accountability of Public Officers

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ARt XI Accountability of Public Officers
2012-09-12 21:18:26
Constitutional Law 1987 Philippine Constitution

Art XI Accountability of Public Officers 1987 Philippine Constitution
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  1. What does it mean when you say "Public office is a public trust?"
    Public office is a public trust. Public officers and employees must at all times be accountable to thepeople, serve them with utmost responsibility, integrity, loyatly and efficiency, act with patriotism and justice and lead modest lives.
  2. What is the ruling on Miro vs Dosono?
    The liberal evidentiary standard of substantial evidence and the freedom of administrative proceedings from technical niceties effectuate the fiduciary nature of public office: They are procedural mechanisms assuringg ease in maintaining an efficient bureaucracy, free from rent-seeking officials who exploit government processes to raise easy money. Responden't hold on his item at the Mandaue City revenue office, which, like our customs offices, is a common situs for corrupt activities, is no more lasting than his fidelity to his trust. Although no criminal verdict deprives respondent of his liberty, adequate evidence justifies his removal from teh bureaucracy for forfeiting public trust. 
  3. Who may be impeached from office?
    • 1. President
    • 2. Vice President
    • 3. Supreme Court Justices
    • 4. Constitutional Commission members
    • 5. Ombudsman
  4. What are the grounds for impeachment?

    • 1. Graft and Corruption
    • 2. Other high crimes
    • 3. Treason
    • 4. Betrayal of public trust
    • 5. Bribery¬†
    • 6. Culpable violation of the Constitution

    • NOTE:
    • 1. It is an EXCLUSIVE LIST. Congress cannot add to the list of impeachable offenses
    • 2. These officers cannot be charged in court with offenses that have removal from office as penalty
    • 3. BUT AFTER an official has been impeached, he can be charged with the appropriate offense.
    • 4. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be impeached.
  5. How about other public officers and employees? Can they be impeached?
    They may be removed from office as provided by law but, not by impeachment.
  6. Discuss thoroughly the entire impeachment procedure
    NOTE: The House of Representatives has exclusive power to initiate all cases of impeachment

    • PROCEDURE:1. Filing of VERIFIED compliant. Can be filed by
    • 1. Any member of the HR
    • 2. Any cititzen upon a resolution or endorsement by any Member of the House
    • 3. By at least 1/3 of all the members of the House of Representatives

    • NOTE: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the

    • 1. Trial in the SEnate shall proceed.¬†
    • 2. Inclusion of complaint int he ORDER OF BUSINESS within 10 session days
    • 3. Referral to proper Committee within 3 session days thereafter
    • 4. Submission of COMMITTEE REPORT to the House together with corresponding resolution
    • 5. The report should be submitted within 60 days from referral, after hearing, and by a MAJORITY VOTE OF ALL ITS MEMBERS.
    • 6. Calendaring of resolution for consideration by the HOUSE
    • 7. Should be done within 10 session days from receipt thereof
    • 8. Vote of at least 1/3 of al members of the House necessary to:

    • 1. Affirm a favorable resolution within the Articles of Impeachment of the Committee
    • 2. or To override its contrary resolution

    9. The one-year period shall be counted from teh time of the filing of the first impeachment complaint. Impeachment proceedings pertain to the proceedings in the House of REpresentatives which commences from the initiation of the complaint, to the referral to proper committees, to submission of the report to the House, subsequent deliberation, and ends with the transittal of the Article of Impeachment to the Senate. An impeachment case pertains to a trial in the Senate which ommences at the time the Articles of Impeachement are transmitted to teh Upper House.

    • Note:1. Senate has teh sole power to try and decide all cases of impeachment.
    • 2. When the PResident is on trial, the CHIEF JUSTICE of the Supreme Court Presides. However, he will not vote.

    • 3. Judgment of CONVICTION requires the concurrents of 2/3 of all the Members fo the Senate
    • 4. Only one impeachment proceeding should e initiated against an impeachable officer within a period of one year.

    5. The SC found it well0within its power to determine whether Congress committed a violation of the Constitution or gravely abused its discretion in teh exercise of its functions and prerogatives that could tranlsate as lack or excess of jurisdiction in taking cognizance of two impeachment complaints that are inquisitorial in function, akin to a preliminary investigation.