1987 Constitution of the Philippines Article XI - Accountability of Public Officers

Summary

In this video, Teacher Deb delves into the 1987 Constitution of the Republic of the Philippines, specifically focusing on Article XI, which addresses the accountability of public officials. The video covers the principles of public office as a public trust, the impeachment process, and the roles and powers of the Ombudsman. Key sections on the responsibilities of public officials, the impeachment procedures, and the regulations surrounding their financial conduct are discussed in detail. Teacher Deb emphasizes the importance of integrity, responsibility, and transparency in public service.

Highlights

• The 1987 Philippine Constitution emphasizes that public office is a public trust. 🔍
• Impeachment proceedings can be initiated by the House of Representatives, ensuring checks and balances. 🔍
• The Ombudsman has the authority to investigate and address misconduct in government affairs. 🔍
• Public officers are required to disclose assets to promote transparency and accountability. 🔍
• The Constitution provides strict regulations against financial misconduct by public officials. 🔍

Key Takeaways

• Public office as a public trust is central to maintaining integrity in governance. 🔑
• Impeachment is a key mechanism for holding high officials accountable for misconduct. ⚖️
• The Ombudsman plays a critical role in investigating and addressing issues of corruption and inefficiency. 🕵️‍♂️
• Members of the government must disclose their financial interests to ensure transparency. 💼
• Strict rules prevent government officials from using their positions for financial gain. 🚫

Overview

Teacher Deb kicks off the video by exploring the essence of public office as a public trust and the associated responsibilities of accountability, integrity, and serving the public with utmost respect. She lays out how these principles are vital for maintaining public confidence and ensuring ethical conduct among public servants.

As the video progresses, the focus shifts towards the impeachment process as defined in the 1987 Constitution. Teacher Deb explains how it serves as a crucial check on power, allowing for the removal of officials who commit high crimes or betray public trust. The detailed steps involving the House of Representatives and the Senate highlight the thoroughness of the process.

Finally, the video delves into the crucial role of the Ombudsman, entrusted with investigating corruption and promoting transparency. Teacher Deb outlines the powers and duties of this role, including overseeing public officials' declaration of assets, thus providing a robust framework to combat graft and uphold integrity within the government.

Chapters

• 00:00 - 00:30: Introduction This chapter covers the 1987 Constitution of the Republic of the Philippines, specifically Article 11, which deals with the accountability of public officers. The content may include the principles and provisions related to the responsibilities and ethical obligations of public officials, emphasizing the importance of accountability in governance.
• 00:30 - 01:30: Section 1-2: Impeachment and Accountability The chapter discusses the principles of accountability and integrity required of public officers, emphasizing that their positions are a public trust. It highlights the need for these officials to serve with responsibility, integrity, loyalty, and efficiency, while acting with patriotism and justice, and leading modest lives.
• 01:30 - 03:00: Section 3: Impeachment Proceedings Section 3 outlines the impeachment proceedings within the governmental framework. It defines the grounds for impeachment, which include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. It clarifies that while all public officers and employees can be removed from office as stipulated by law, they cannot be removed through impeachment. Additionally, the section grants exclusive power to the House of Representatives to initiate impeachment cases. It states that a verified complaint for impeachment can be filed by any House member or by any citizen.
• 03:30 - 05:00: Section 4-5: Anti-Graft Court and Ombudsman The chapter discusses the process of endorsing resolutions in a governing body. It stipulates that an endorsement must be included in the order of business within 10 session days and later referred to the appropriate committee within three session days. The committee is tasked to conduct a hearing and report back with a resolution within 60 session days. Finally, the resolution is to be considered by the house within 10 session days of receipt.
• 05:00 - 06:30: Section 6-7: Ombudsman Officials The chapter discusses the necessary voting requirements and procedures for the impeachment process involving officials. It specifies that at least one-third of all house members must vote to affirm or override a resolution related to impeachment articles. If a verified complaint is filed by at least one-third of the members, it becomes the articles of impeachment, and the Senate trial will proceed. The chapter also states that no impeachment proceedings can be initiated more than once against the same official.
• 06:30 - 09:00: Section 8-10: Appointment and Term of Ombudsman The Senate holds the exclusive authority to conduct impeachment trials, with Senators required to take an oath or affirmation during these proceedings. When the President of the Philippines faces trial, the Chief Justice of the Supreme Court presides over the process, although he does not have a voting right. A conviction requires a two-thirds majority vote from all Senate members. The details provided pertain to the procedural aspects of impeachment trials.
• 09:00 - 11:30: Section 11-12: Ombudsman Duties and Powers Section 11-12 discusses the limitations of punishment for those removed from office under impeachment, specifically mentioning that the punishment should not exceed removal and disqualification from holding any office under the Republic of the Philippines. It further notes that, despite removal, the convicted party remains subject to prosecution, trial, and punishment according to the law. Additionally, the section refers to Congress's role in establishing rules on impeachment to fulfill this section's purposes.
• 11:30 - 14:30: Section 13-16: Ombudsman Powers and Fiscal Autonomy Section 13-16 details the powers and fiscal autonomy of the Ombudsman. It establishes the independent Office of the Ombudsman, which includes the Ombudsman, an overall deputy, and at least one deputy for Luzon, Visayas, and Mindanao. A separate deputy for the military can also be appointed. The Ombudsman appoints other officials and employees according to civil service law.
• 14:30 - 16:00: Section 17-18: Declaration of Assets and Citizenship Section 17-18 focuses on the modifications related to the office of the special prosecutor, which will henceforth be referred to as such. It maintains its functions and powers as per existing and future legal provisions, excluding those assigned to the newly established office of the Ombudsman under this constitution. The criteria for the Ombudsman and their deputies include being natural-born citizens of the Philippines, at least 40 years of age at their appointment, and possessing recognized property and independence, along with being esteemed members in their fields.
• 16:00 - 17:10: Conclusion The chapter discusses the qualifications and selection process for the Ombudsman in the Philippines. It outlines that candidates must have been part of the Philippine bar and not have run for an elective office in the election immediately preceding their appointment. Additionally, they must have a minimum of 10 years of experience as a judge or in legal practice in the Philippines. During their tenure, they are subject to the disqualifications and prohibitions specified in section 2 of article 9A of the constitution. The President appoints the Ombudsman and deputies from a list of at least six nominees.

1987 Constitution of the Philippines Article XI - Accountability of Public Officers Transcription

• 00:00 - 00:30 the 1987 constitution of the Republic of the Philippines article 11 accountability of public officers [Music] hi guys thank you for checking out my channel thank you for clicking this video today I will be discussing the 1987 constitution of the Republic of the Philippines article 11 accountability of public officers
• 00:30 - 01:00 section one 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 section two the president the vice president the members of the Supreme Court the members of the Constitutional commissions and the Ombudsman may be removed from office on impeachment 4 and conviction of
• 01:00 - 01:30 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 section 3. one the House of Representatives shall have the exclusive power to initiate all cases of impeachment two a verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen
• 01:30 - 02:00 upon a resolution of endorsement by any member thereof which shall be included in the order of business within 10 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 60 session days from such referral together with the corresponding resolution the resolution shall be calendared for consideration by the house within 10 session days from receipt thereof
• 02:00 - 02:30 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 saint shall constitute the articles of impeachment and trial by the Senate shall forth with proceed five no impeachment proceedings shall be initiated against the same official more
• 02:30 - 03:00 than once within a period of one year six 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 seven judgment in cases of impeachment
• 03:00 - 03:30 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 the Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section section 4. the present anti-graft Court known as the Santa gambian shall continue to function and exercise its jurisdiction as now we're Hereafter may be provided by law
• 03:30 - 04:00 section 5. theirs hereby created the independent Office of the Ombudsman composed of the Ombudsman to be known as tenant ban 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 section 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 section seven
• 04:00 - 04:30 the existing tenant ban 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 8. the Ombudsman and his deputies shall be natural-born citizens of the Philippines and at the time of their appointment at least 40 years old of recognized property and Independence and members of
• 04:30 - 05:00 the Philippine bar and must not have been candidates for any elective office in the immediately preceding election the Ombudsman must have for 10 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 9A of this constitution nine the Ombudsman and his deputies shall be appointed by the president from a list of at least six nominees prepared by the
• 05:00 - 05:30 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 section 10. the Ombudsman and his Deputy 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 section 11. the Ombudsman and his deputies Shall
• 05:30 - 06:00 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 section 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 subdivision agency or instrumentality thereof including government-owned or controlled corporations and shall in
• 06:00 - 06:30 appropriate cases notify the complainants of the action taken and the result thereof section 13. the office of the Ombudsman shall have the following powers functions and duties one investigate on its own or on complaint by any person any act or omission of any public official employee officer agency when such act or Omission appears to be illegal unjust improper or inefficient to direct upon complaint or at its own instance any public official or employee
• 06:30 - 07:00 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 an 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
• 07:00 - 07:30 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 or 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
• 07:30 - 08:00 records and documents 6 publicized 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 promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be
• 08:00 - 08:30 provided by law section 14. the office of the Ombudsman shall enjoy fiscal autonomy its approved annual Appropriations shall be automatically and regularly released section 15. the right of the state to recover properties unlawfully acquired by public officials or employees from them or from their nominees or transferees shall not be barred by prescription latches or estoppel section 16. No loan guarantee or other form of
• 08:30 - 09:00 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 firmer entity in which they have controlling interest during their tenure section 17. a public officer or employee shall upon Assumption of office and is often
• 09:00 - 09:30 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 section 18. public officers and employees of the state and this constitutional Legions at all times and any public officer or
• 09:30 - 10:00 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 the 1987 constitution of the Republic of the Philippines article 11 accountability of public officers thank you for watching my videos follow this page like this video And subscribe to my official YouTube channel for more if you have suggestion for our next topic please use the comment section have a nice day and bye for now
• 10:00 - 10:30 [Music]