2. INVENTARIO
2.3. ESTADO FORESTAL
2.3.2. CÁLCULO DE EXISTENCIAS
2.3.2.3. Resultados del inventario
2.3.2.3.2. Presentación de resultados
I. STATEMENT OF POLICY (Section 1)
II. IMPEACHMENT (Sections 2 & 3)
III. SANDIGANBAYAN (Section 4)
IV. OMBUDSMAN (Section 5,6,8-14)
V. SPECIAL PROSECUTOR (Section 7)
VI. ILL-GOTTEN WEALTH (Section 15)
VII. RESTRICTION ON LOANS(Section 16)
VIII.TRANSPARENCY RULE (Section 17)
IX. ALLEGIANCE TO THE STATE AND THE
CONSTITUTION (Section 18)
I. Statement of Policy
Section 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.
A. Public Office 1. Definition
The right, authority or duty, created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some sovereign power of government to be exercised by him for the benefit of the public. (Fernandez v. Sto. Tomas, 1995)
2. Elements
1. Created by law or by authority of law; 2. Possess a delegation of a portion of the
sovereign powers of government, to be exercised for the benefit of the public; 3. Powers conferred and duties imposed
must be defined, directly or impliedly, by the legislature or by legislative authority; 4. Duties must be performed independently
and without the control of a superior power other than the law, unless they be those of an inferior or subordinate office created or authorized by the legislature, and by it placed under the general control of a superior office or body; and
5.
Must have permanence of continuity.1493. Creation
Public officers are created: a. By the Constitution
149 Antonio Nachura, Outline on Political Law, 423 (2006)
b. By valid statutory enactments (e.g. Office of the Insurance Commissioner)
c.
By authority of law (e.g. Davide Commission)150B. Public Officer
A person who holds a public office.151
C. Public Office as Public Trust
Q: What is meant by “public office is a public trust”? A: The basic idea of government in the Philippines is that
of a representative government the officers being mere agents and not rulers of the people… where every officer accepts office pursuant to the provisions of law and holds the office as a trust for the people whom he represents. (Justice Malcom in Cornejo v. Gabriel, 41 Phil 188, 1920)152
Q: What does the command to lead modest lives entail? A: Even if the public officer is independently wealthy, he
should not live in a manner that flaunts wealth. 153
II. Impeachment
Section 2. 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 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.
Section 3. (1) The House of Representatives shall have the
exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or 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.
150 Antonio Nachura, Outline on Political Law, 423 (2006) 151 Antonio Nachura, Outline on Political Law, 423 (2006) 152 Bernas Primer at 440 (2006 ed.)
(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.
A. Definition of Impeachment
A national inquest into the conduct of public men.154
B. Purpose of Impeachment
The purpose of impeachment is not to punish but only to remove an officer who does not deserve to hold office.155
C. Impeachable Officers
1. President 2. Vice-President
3. Chief Justice and Associate Justice of the Supreme Court
4. Chairmen and members of the Constitutional Commissions
5. Ombudsman
Note: The list of officers subject to impeachment in
Section 2 as worded is exclusive.
Members of the Supreme Court
The Supreme Court said that the Special Prosecutor cannot conduct an investigation into alleged misconduct of a Supreme Court justice, with the end view of filing a criminal information against him with the Sandiganbayan. A Supreme Court Justice cannot be charged in a criminal case or a disbarment proceeding, because the ultimate effect of either is to remove him from office, and thus circumvent the provision on removal by impeachment thus violating his security of tenure (In Re: First Indorsement from Hon. Raul Gonzalez, A.M. No. 88-4- 5433)
154 Antonio Nachura, Outline on Political Law, 345 (2006)
155 Bernas Primer at 442 (2006 ed.)
An impeachable officer who is a member of the Philippine bar cannot be disbarred first without being impeached. (Jarque v. Desierto, 250 SCRA 11)156
C. Grounds
1. Culpable Violation of the Constitution 2. Treason, Bribery and Graft and Corruption 3. Other High Crimes or
4. Betrayal of Public Trust
Note: The enumeration is exclusive. Culpable Violation of the Constitution
Culpable violation of the Constitution is wrongful, intentional or willful disregard or flouting of the fundamental law. Obviously, the act must be deliberate and motivated by bad faith to constitute a ground for impeachment. Mere mistakes in the proper construction of the Constitution, on which students of law may sincerely differ, cannot be considered a valid ground for impeachment.157
Treason
Treason is committed by any person who, owing allegiance to the Government of the Philippines, levies war against it or adheres to its enemies, giving them aid and comfort. (RPC, Article 114)
Bribery
Bribery is committed by any public officer who shall agree to perform an ac, whether or not constituting crime, or refrain from doing an act which he is officially required to do in connection with the performance of his official duties, in consideration for any offer, promise, gift or present received by him personally or through the mediation of another, or who shall accept gifts offered to him by reason of his office. 9RPC, Arts. 210-211)
Other High Crimes
According to the special committee of the House of Representatives that investigated the impeachment charges against President Quirino, are supposed to refer to those offenses “which, like treason and bribery, are of so serious and enormous a nature as to strike at the very life or the orderly workings of the government.” This rather ambiguous definition, assuming it is correct, would probably exclude such offenses as rape and murder which, although as serious as treason and bribery, will not necessarily strike at the orderly workings, let alone life of the government.158
Graft and Corruption
Graft and corruption is to be understood in the light of the prohibited acts enumerated in the Anti-Grant
156 Antonio Nachura, Outline on Political Law, 345 (2006)
157 Cruz, Philippine Political Law, p.335 158 Cruz, Philippine Political Law, p.335
and Corrupt Practices Act, which was in force at the time of the adoption of the Constitution.159
Betrayal of Public Trust
The 1987 Constitution has added “betrayal of public trust,” which means any form of violation of the oath of office even if such violation may not be criminally punishable offense.160
This is a catch-all to cover all manner of offenses unbecoming a public functionary but not punishable by the criminal statutes, like “inexcusable negligence of duty, tyrannical abuse of authority, breach of official duty by malfeasance or misfeasance, cronyism, favoritism, obstruction of justice.161
D. Procedure
Congress shall promulgate its rules on impeachment to effectively carry out the purpose. (Section 3(8))
1. Initiation
The proceeding is initiated or begins, when a
verified complaint (with accompanying resolution or indorsement) is filed and referred to the Committee on Justice for action. This is
the initiating step which triggers the series of steps that follow. (Fransisco v. House Speaker, 2003)
2. Limitation on initiating of impeachment case
The Constitution prohibits the initiation of more than one “impeachment proceeding” within one year.
In Fransico v. House of Representatives, the SC said that considering that the first impeachment complaint was filed by former President Estrada against Chief Justice Davide along with seven associate justices on June 02, 2003 and referred to the House Committee on Justice on August 05, 2003, the second impeachment complaint filed by some Rep. Teodoro et. al., against the Chief Justice on October 23, 2003, violates the constitutional prohibition against the initiation of impeachment proceedings against the same impeachable officer within a one-year period.
3. Trial
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. A decision of conviction must be concurred in by at least two- thirds of all the members of the Senate.
159 Cruz, Philippine Political Law, p.336 160 Bernas Primer at 442 (2006 ed.)
161Cruz, Philippine Political Law, p.336
4. Penalty
The penalty which may be imposed “shall not extend further than removal from office and disqualification to hold any office under the Republic.”162
This penalty is beyond the reach of the President’s power of executive clemency, but does not place the officer beyond liability to criminal prosecution. (When criminally prosecuted, therefore, for the offense which warranted his conviction on impeachment, the officer cannot plead the defense of double jeopardy.)163
5. Effect of Conviction
Removal from office and disqualification to hold any office under the Republic of the Philippines. But the party convicted shall be liable and subject to prosecution, trial and punishment according to law.
6. Judicial Review
III. Sandiganbayan
Section 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. A. Composition of Sandiganbayan
Under PD 1606, it is composed of a Presiding Justice and Eight Associate Justices, with the rank of Justice of the Court of Appeals. It sits in three [3] divisions of three members of each.
B. Nature of Sandiganbayan
Sandiganbayan is NOT a constitutional court. It is
a statutory court; that is, it is created not only by
the Constitution but by statute, although its creation is mandated by the Constitution.164
C. Jurisdiction of Sandiganbayan Original Jurisdiction
•
Violations of RA 3019 (AGCPA) as amended; RA 1379; and Chapter II, Section 2, Titile VII, Book II of the RPV where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim162 Bernas Primer at 442 (2006 ed.) 163 Bernas Primer at 442 (2006 ed.) 164 Bernas Primer at 443 (2006 ed.)
capacity at the time of the commission of the offense:
a. Officials of the Executive branch with the position of Regional Director or higher, or with Salary Grade Level 27 (G27) according to RA 6758.
b. Members of Congress and officials thereof with G27 an up;
c. Members of the Judiciary without prejudice to the Constitution;
d. Chairmen and members of the Constitutional Commissions without prejudice to the Constitutions; and
e. All other national and local officials with G27 or higher.
• Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in Subsection a in relation to their office;
• Civil and criminal cases filed pursuant to and in connection with EO nos. 1, 2, 14, and 14-A issued in 1986.
Exclusive Original Jurisdiction over petitions for
the issuance of the writs of mandamus, prohibitions, certiorari, habeas corpus, injunction and other ancillary writs and processes in aid of its
appellate jurisdiction; Provided, that jurisdiction
over these petitions shall not be exclusive of the Supreme Court;
Exclusive Appellate Jurisdiction over final
judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction. (RA 8249)
The following requisites must concur in order that a case may fall under the exclusive jurisdiction of the Sandiganbayan:
1.
The offense committed is a violation of RA 1379, Chapter II, Section , Title VII, Book II of the Revised Penal Code, Executive Orders Nos. 1, 2 14 and 14-A, issued in 1986, or other offenses or felonies whether simple or complexed with other crimes;2. The offender committing the offenses (violating RA 3019, RA 1379, the RPC provisions, and other offenses, is a public official or employee holding any of the positions enumerated in par. A, Section 4, RA 8249; and
3. The offense committed is in relation to the office. (Lacson v. Executive Secretary, 1999)
Private individuals. “In case private individuals
are charged as co-principals, accomplices or accessories with the public officers or employees, they shall be tried jointly with said public officers and employees. (Section 4, PD 1606)”
“Private persons may be charged together with
public officers to avoid repeated and unnecessary presentation of witnesses and exhibits against conspirators in different venues, especially of the issues involved are the same. It follows therefore that if a private person may be tried jointly with public officers, he may also be convicted jointly with them, as in the case of the present petitioners.” (Balmadrid v. The Honorable Sandiganbayan, 1991)