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ARTICLE X

LOCAL GOVERNMENT

Section 1. The territorial and political subdivisions of the Republic of the


Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 2
A. Local autonomy
Local autonomy

Simply means decentralization.

It does not make the local governments sovereign


within the state.

Congress retains control of the local government units although in


a significantly reduced degree.
o
Power to create still includes the power to
destroy. The power to grant still includes the
power to withhold or recall.
Decentralization of administration
Merely delegation of administrative
powers to the local government unit
in order to broaden the base of
governmental powers.

Decentralization of power
Abdication
by
the
national
government of governmental powers.

Corporation
An artificial being created by operation of law, having the right
of succession and the powers, attributes, and properties
expressly authorized by law or incident to its existence.
Classification of corporations according to purpose:
1)

Public

2)

Private

3)

Quasi-public

Organized for the government of a portion of the


State.
Criterion
to
determine
whether
public:
Relationship of the corporation to the state.
If created by the State as its own
agency to help the state in carrying out
its governmental functions.
Formed for some private purpose, benefit, aim
or end.
A private corporation that renders public service
or supplies public wants.

Classes public corporations:


1) Quasi corporation

Created by the State for a narrow or limited purpose.


2) Municipal corporation
A body politic and corporate instituted by the

incorporation of the inhabitants for the purpose of local


government. Elements:
Elements of municipal corporation:
1. Legal creation or incorporation
o
Law creating or authorizing creation or
incorporation of a municipal corporation.
2. Corporate name
o
Name by which it shall be known.
3. Inhabitants
o
The people residing in the territory of the
corporation.
4. Territory
o
The land mass where the inhabitants reside,
together with the internal and external
waters, and the air space above the land
and waters
Dual nature and functions of municipal corporations
o
Shall exercise powers as a political subdivision of the
State and as a corporate entity representing the
inhabitants of its territory.
o
Dual Functions:
1. Public or governmental

Acts as an agent of the State for


the government of the territory and
the inhabitants.
2. Private or proprietary

Acts as an agent of the community


in the administration of local affairs.

It acts as a separate entity for its


own purposes and not as a
subdivision of the State
Based on verifiable indicators of viability and projected capacity
to provide services:
1. Income

Sufficient, based on acceptable standards,


to provide for all essential government
facilities and services and special functions
commensurate with the size of its population,
as expected of the LGU concerned.

Average annual income for the last 2


consecutive years should be at least:
Municipality
City
Highly-urbanized city
Province

P2.5 Million
P100 Million
P50 Million
P20 Million
1

2.

Population

Determined
as the total number of
inhabitants within the territorial jurisdiction of
the LGU concerned.

Required minimum population:


Barangay

Municipality
City
Highly-urbanized city
Province

25,000
150,000
200,000
250,000

Land area

Contiguous.
o Exceptions:
a. If it comprises 2 or more
islands; or
b. If separated by a LGU
independent
of the
others.

Properly identified by metes and bounds with


technical descriptions.

Sufficient to provide for such basic services


and facilities to meet the requirement of its
populace.

Requirements:
Municipality
City
Province

Abolition

2,000

Except Metro Manila


and other metropolitan
political subdivisions
or highly urbanized
cities
where
requirement is 5,000.

3.

or land area of the LGU to less than the


minimum requirements; and
b. Income classification of the original LGU
shall not fall below its current income
classification prior to the division

50km2
100 km2
2,000 km2

Beginning of corporate existence: Upon election and


qualification of its CE and a majority of the members of its
sanggunian.

Exception: If some other time is fixed by law or


ordinance.
Division and merger and abolition of LGUs:
Division and merger
Same requirements provided that:
a. It shall not reduce the income, population

W hen income, population or


irreversibly reduced to less
standards, by law, which shall
city, municipality or barangay
sought to be abolished

land area has been


than the minimum
specify the province,
with which the LGU

Requisites of De facto municipal corporations:


1) Valid law authorizing incorporation;
2) Attempt in good faith to organize under it;
3) Colorable compliance with the law;
4) Assumption of corporate powers.
Attack against invalidity of incorporation
o
No collateral attack.
o Reserved to the State in a proceeding for quo warranto or
other direct proceeding but only when the municipal
corporation is a de facto corporation.
o When a long time has passed, the municipal corporation
should be considered as a regular de jure municipality.

Province

Composed of a cluster of municipalities or municipalities


and component cities, and as a political and corporate unit
of government, serves as a dynamic mechanism for
developmental processes and effective governance of
LGUs within its territorial jurisdiction.
City

C omposed of urbanized and developed barangays, serves


as a general-purpose government for the coordination and
delivery of basic, regular, and direct services and effective
governance of the inhabitants within its territorial jurisdiction

Municipality

Consists of barangays, serves primarily as a general


purpose government for the coordination and delivery of
basic, regular, and direct services and effective
governance of the inhabitants within its jurisdiction

Barangay

As the basic political unit, it serves as the primary planning


and implementing
unit of government policies, plans,
programs, projects, and activities in the community, and as a
forum wherein the collective views of the people may be
expressed, crystallized, and considered, and where disputes
may be amicably settled
2

o Intramural or extramural
o Mandatory or directory, ministerial or discretionary

Autonomous Regions in Muslim Mindanao and the Cordilleras


Special metropolitan political subdivisions
Section 11. The Congress may, by law, create special metropolitan
political subdivisions, subject to a plebiscite as set forth in Section 10
hereof. The component cities and municipalities shall retain their basic
autonomy and shall be entitled to their own local executive and
legislative assemblies. The jurisdiction of the metropolitan authority that
will thereby be created shall be limited to basic services requiring
coordination.
Section 3. The Congress shall enact a local government code which shall
provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among the different local
government units their powers, responsibilities, and resources, and provide for
the qualifications, election, appointment and removal, term, salaries, powers
and functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.
Local Government Code

Effectivity Jan. 1 1992


Rules of interpretation:

Liberally interpreted in favor of the LGU and in case of doubt,


any question shall be resolved in favor of the devolution of
powers of the LGU.

Tax: Strictly against the LGU and liberally in favor of the


taxpayer.
o
Tax exemption: Strictly against the person claiming it.

General welfare provisions: Liberally interpreted to give


more powers to LGUs in accelerating economic
development and upgrading the quality of life of the people.

Rights and obligations existing: Governed by the original


terms and conditions of such contracts or law in force at
the time such rights were vested.

Resolution of controversies where no law or jurisprudence


applies:
o
Customs and tradition of the place where the
controversies take place
Powers of LGUs
Sources:
o Art II, Sec 25; Art X Secs 5, 6 & 7
o RA 7160
o Charter of cities
o Doctrine of the right of self-government but applies
only in States which adhere to the doctrine
Classifications
o Express, implied, inherent
o Public or governmental, private or proprietary

Governmental Powers
1) General Welfare

Exercise powers, express and implied, necessary and


appropriate or incidental for the promotion of the
general welfare police power to LGUs.

Limitations:
1. Only within its territorial limits
a)
Exception: Protection of water
supply
2. Equal protection clause
3. Due process clause
4. Not contrary to the Constitution and laws.
2) Basic services and facilities

Devolution
o
The act by which the national government
confers power and authority upon the
various LGUs to perform specific functions
and responsibilities.
o
Includes transfer to LGUs of records,
equipment and other assets and personnel
of national agencies and offices.
o
Regional offices of national agencies shall
be phased out within 1 year from the
approval of this Code.

3)

Power to generate
1.
2.
3.
4.
5.

Career regional directors who


cannot be absorbed by the LGUs
shall be retained by the national
government, without diminution in
rank, salary or tenure.
and apply resources
Establish an organization responsible for
the efficient implementation of their plans;
Create sources of revenue;
Levy taxes;
Have a just share in the national taxes;
Have an equitable share in the proceeds
from the utilization and development of the
national wealth and resources.

Fundamental principles governing the exercise of the


taxing and other revenue-raising powers of LGUs:
1. Uniform in each LGU.
2. Taxes, fees, etc. shall be equitable and
based as far as practicable on taxpayers
ability to pay; levied and collected only for
public purposes; not unjust, excessive,
oppressive or confiscatory; and not
contrary to law, public policy, national
economic policy, or in restraint of trade.
3. Collection shall in no case be left to any
private person.
4. Revenue collected shall inure only to the
sole benefit of the LGU.
5. Each LGU shall, as far as practicable,
3

evolve a progressive system of taxation

4)

Fundamental principles governing the financial affairs,


transactions and operations of LGUs:
1. No money shall be paid out of the local
treasury except in pursuance of an
appropriation ordinance or law.
2. Local government funds shall be spent
solely for public purposes.
3. Generated only from sources expressly
authorized by law or ordinance and
collection shall be acknowledged properly.
4. All monies shall be accounted for as local
funds, unless otherwise provided by law.
5. Trust funds in the local treasury shall not
be paid out except in fulfillment of the
purpose for which it was created.
6. Every officer whose duties permit or
require possession or custody of funds
shall be properly bonded, accountable and
responsible for such funds.
7. LGUs shall formulate sound financial
plans and local budgets shall be based on
functions and projects in terms of expected
results.
8. Local budget plans and goals shall be
harmonized with national development
plans and goals to optimize utilization of
resources and to avoid duplication in use
of resources.
9. Local
budgets
shall
operationalize
approved local development plans.
10. LGUs shall ensure their respective
budgets incorporate the requirements of
their component units and provide for
equitable allocation of resources among
these units.
11. National planning shall be based on local
planning to ensure needs and aspirations
of the people are considered.
12. Fiscal responsibility shall be shared by all
those exercising authority over financial
affairs and operations of the LGUs.
13. LGUs shall endeavor to have a balanced
budget in each fiscal year

Eminent domain. Additional requirements for LGUs


Requirements

1.
2.
3.
4.
5.
6.

Additional requirements for


LGUs

7.

Necessity
Private property
Taking
in
the
constitutional sense
Public use
Just compensation
Due process of law
Exercised only by the
local chief executive,
acting pursuant to a

valid ordinance.

5)

8.

For public use or


purpose or welfare,
for the benefit of the
poor and landless.

9.

Only after a
definite offer
made to,
accepted
owner.

valid and
had been
and not
by
the

Reclassification of lands

A city or municipality may, through an ordinance


passed after conducting public hearings for the
purpose, authorize the reclassification of agricultural
lands and provide for the manner of their utilization or
disposition:
1. When the land ceases to be economically
feasible
and sound for agricultural
purposes as determined by the DA.
2. Where the land shall have substantially
greater economic value for residential,
commercial or industrial purposes, as
determined by the sanggunian but limited
to the following percentage of the total
agricultural land area at the time of
passage of ordinance:
Highly-Urbanized
cities
Component cities
1st to 3rd class
municipalities
4th to 6th Class
municipalities

15%
10%

5%
But agricultural land
must be distributed
to
land
reform
beneficiaries
not
affected
by such
reclassification

6)

Closure and opening of roads permanent or temporary.

In case of permanent, such ordinance must be


approved by at least 2/3 of all members of the
sanggunian and when necessary, an adequate
substitute for the public facility shall be provided.
Additional requirements:
1. Adequate provision for maintenance of
public safety.
2. Property may be used or conveyed for any
purpose for which other real property may
be lawfully used or conveyed, but no
freedom park shall be closed permanently
4

7)

without provision for its transfer or


relocation to a new site.
Local legislative power

Products of legislative action:


1. Ordinance
a) Prescribes a permanent rule of
conduct.
2. Resolution
a) Of
temporary
character,
or
expresses sentiment.

1.

2.

Requisites for validity


1. Must not contravene the Constitution or
any statute.
2. Must not be unfair or oppressive.
3. Must not be partial or discriminatory.
4. Must not prohibit but may regulate trade.
5. Must not be unreasonable.
6. Must be general in application and
consistent with public policy
Approval of ordinances
1. Passed by sangguniang
panlalawigan,
sangguniang panlungsod or sangguniang
bayan.
2. Local chief executive approves by affixing
his signature on every page.
3. If local CE vetoes and the veto is
overridden by 2/3 votes of all the members
of sanggunian.
a) Local chief executive may veto on
the ground that it is ultra vires or
prejudicial to public welfare.
b) Veto only once
c) Veto of an appropriation or adopting
a development plan and public
investment program or directing
payment of money or creating
liability shall not affect items not
objected to.
d) Communicated by the local chief
executive to the sanggunian within
15 days (province), 10 days (city or
municipality). Otherwise, it shall be
deemed approved as if he signed
it.
Review by sangguniang panlalawigan
1. 3 days after approval, secretary shall
forward copies to sanggunian for review.
2. Sanggunian shall review it within 30 days.
o
If ultra vires declare invalid.
3. If no action is taken within 30 days
presumed consistent with law and thus
valid.
Review of barangay ordinances

3.

10 days from enactment, sangguniang


barangay shall furnish copies of all
barangay ordinances to the sangguniang
panlungsod or sangguniang bayan for
review
Sanggunian shall review within 30 days.
o
If inconsistent with law return it
with
comments
and
recommendations
to
the
sangguniang
barangay
for
adjustment,
amendment
or
modification
effectivity
of
ordinance shall be suspended
until revision called for is
effected.
If no action within 30 days, ordinance is
deemed approved

Enforcement of disapproved ordinance/resolutions


ground for suspension or dismissal of official or
employee concerned.
Effectivity 10 days after copy is posted in a bulletin
board at the entrance of the provincial capitol or city,
municipal or barangay hall unless and in at least 2
conspicuous places in the LGU, otherwise provided in
the ordinance or resolution.

Corporate Powers:
1) To have continuous succession in its corporate name.
2) To sue and be sued.
3) To have and use a corporate seal.
4) To acquire and convey real and personal property.
5) To enter into contracts.

6)

Requisites:
1. LGU has the express, implied or inherent
power to enter into a particular contract.
2. Contract must comply with certain
substantive requirements.
3. Contract must comply with the formal
requirements of written contracts.
To exercise such powers as are granted to corporations
subject to limitations.

Section 4. The President of the Philippines shall exercise general


supervision over local governments. Provinces with respect to component
cities and municipalities, and cities and municipalities with respect to
component barangays, shall ensure that the acts of their component units
are within the scope of their prescribed powers and functions.
A. General supervision
Section 5. Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees and charges subject to such
5

guidelines and limitations as the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.

A. Sources of Revenue

Section 6. Local government units shall have a just share, as determined by


law, in the national taxes which shall be automatically released to them.

A. Share in National Taxes

Section 7. Local governments shall be entitled to an equitable share in


the proceeds of the utilization and development of the national wealth
within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits.
Section 8. The term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three years and no
such official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for
which he was elected.

A. Term of Office

Involuntary Interruption/

Voluntary or Non-Interruption/

Breaks continuity

Does not break continuity

1.
When a permanent vacancy
occurs in an elective position and the
official merely assumed the position
pursuant to the rules on succession
under the LGC, then his service for
the unexpired portion of the term of
the replaced official cannot be treated
as one full term as contemplated
under the subject constitutional and
statutory provision that service
cannot be counted in the application
of any term limit (Borja, Jr.). If the
official runs again for the same
position he held prior to his

1. The abolition of an elective local


office due to the conversion of a
municipality to a city does not, by
itself, work to interrupt the incumbent
officials
continuity
of
service
(Latasa).
2.
Preventive suspension is not a
term-interrupting event as the
elective officers continued stay and
entitlement to the office remain
unaffected during the period of
suspension, although he is barred
from exercising the functions of his

assumption of the higher office, then


his succession to said position is by
operation of law and is considered an
involuntary severance or interruption
(Montebon).
2.
An elective official, who has
served for three consecutive terms
and who did not seek the elective
position for what could be his fourth
term, but later won in a recall
election, had an interruption in the
continuity of the officials service. For,
he had become in the interim, i.e.,
from the end of the 3rd term up to the
recall election, a private citizen
(Adormeo and Socrates).

office during this period (Aldovino,


Jr.).
3.
When an official is defeated in
an election protest and said decision
becomes final after said official had
served the full term for said office,
then his loss in the election contest
does not constitute an interruption
since he has managed to serve the
term from start to finish. His full
service, despite the defeat, should be
counted in the application of term
limits because the nullification of his
proclamation
came
after
the
expiration of the term (Ong and
Rivera).

3.
When a candidate is proclaimed
as winner for an elective position and
assumes
office,
his
term
is
interrupted when he loses in an
election protest and is ousted from
office, thus disenabling him from
serving what would otherwise be the
unexpired portion of his term of office
had the protest been dismissed
(Lonzanida and Dizon). The break or
interruption need not be for a full term
of three years or for the major part of
the 3-year term; an interruption for
any length of time, provided the
cause is involuntary, is sufficient to
break the continuity of service
(Socrates, citing Lonzanida).

Section 9. Legislative bodies of local governments shall have sectoral


representation as may be prescribed by law.

Section 10. No province, city, municipality, or barangay may be created,


divided, merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code and
subject to approval by a majority of the votes cast in a plebiscite in the political
units directly affected.
A. Creation of Political Units
Plebiscite requirement:
6

No creation, division, merger, abolition or substantial


alteration of boundaries of LGUs shall take effect unless
approved by a majority of the votes cast in a plebiscite
called for the purpose in the political units directly
affected.
It shall be conducted by the Comelec within 120 days
from the date of effectivity of the law or ordinance
effecting such action, unless it fixes another date.

Section 11. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and shall
be entitled to their own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination.

A. Special Metropolitan Subdivisions

Section 12. Cities that are highly urbanized, as determined by law, and
component cities whose charters prohibit their voters from voting for
provincial elective officials, shall be independent of the province. The voters
of component cities within a province, whose charters contain no such
prohibition, shall not be deprived of their right to vote for elective provincial
officials.
Section 13. Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources for purposes commonly
beneficial to them in accordance with law.
Section 14. The President shall provide for regional development councils
or other similar bodies composed of local government officials, regional
heads of departments and other government offices, and representatives
from non-governmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units
therein and to accelerate the economic and social growth and development
of the units in the region.
Section 15. There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of the
Philippines.

Section 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.

Section 18. The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President from
a list of nominees from multi-sectoral bodies. The organic act shall define
the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law
jurisdiction consistent with the provisions of this Constitution and national
laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous
region.

A. Creation of Autonomous Region

Section 19. The first Congress elected under this Constitution shall, within
eighteen months from the time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim Mindanao and the
Cordilleras.
Section 20. Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall
provide for legislative powers over:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources;
Personal, family, and property relations;
Regional urban and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion
of the general welfare of the people of the region.

A. Organic Act

Section 16. The President shall exercise general supervision over


autonomous regions to ensure that laws are faithfully executed.
7

Section 21. The preservation of peace and order within the regions shall
be the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws.
The defense and security of the regions shall be the responsibility of the
National Government.

(5)
(6)

(7)
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
(8)
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.
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)
(2)

(3)

(4)

The House of Representatives shall have the exclusive power to


initiate all cases of impeachment.
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.
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.
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.
No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
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.
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.
The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.

A. Impeachment
Impeachment

A national inquest into the conduct of public men.


Impeachable officers exclusive list:
1. President
2. Vice-President
3. Chief Justice and Associate Justices of the SC
4. Chairmen and members of the Constitutional Commissions
5. Ombudsman
Grounds
1.
2.
3.
4.
5.
6.

for impeachment exclusive list:


Culpable violation of the Constitution
Treason
Bribery
Graft and corruption
Other high crimes
Betrayal of public trust

Procedure for Impeachment:

Congress shall promulgate its rules


effectively carry out the purpose.
A.

on

impeachment to

Initiating impeachment case House of Representatives shall


have exclusive power to initiate all cases of impeachment.
1. A verified complaint for impeachment may be filed by
any member of the House of Representatives or by any
citizen upon a resolution of endorsement by any
member thereof.
2. Included in the order of business within 10 session
days and referred to the proper committee within 3
session days
o If filed by at least 1/3 of all the members of
8

3.

4.

B.

C.

D.

the house, it shall constitute the articles of


impeachment and trial by the senate shall
proceed no need to refer to proper
committee.
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, with the
corresponding resolution.
Vote of at least 1/3 of all the members of the house
necessary to affirm a favorable resolution with the
articles of impeachment of the committee, or override
its contrary resolution. Vote of each member shall be
recorded.

Limitation on initiating impeachment case


o Not more than once within a period of 1 year
against the same official
Trial and decision
1. Senate shall have the sole power to try and decide all
cases of impeachment, senators shall be on oath or
affirmation.
2. When the President is on trial, the CJ of the SC shall
preside but shall not vote.
3. Decision of conviction must be concurred in by at least
2/3 of all the Senators.
Effect of conviction
1. Removal from office.
2. Disqualification to hold any other office under the
Republic of the Philippines.
3. Liable and subject to prosecution, trial and punishment
according to law.

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.

3.

Section 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.
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 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.
A. Ombudsman and Tanodbayan
Ombudsman

Composition:
1. Ombudsman as Tanodbayan;
2. 1 overall Deputy,
3. At least 1 Deputy each for Luzon, Visayas and
Mindanao;
4. A separate deputy for the military establishment may
likewise be appointed.

Qualifications of Ombudsman & Deputies:


1. Natural- born citizens of the Philippines;
2. At least 40 years old;
3. Of recognized probity and independence;
4. Members of the Philippine Bar;
5. Must not have been candidates for any elective office
in the immediately preceding election
6. Ombudsman: Judge or engaged in the practice of law
for 10 years or more.

Appointment:

A. Sandiganbayan
Sandiganbayan

Composition: Presiding justice


Justices.
o Rank of justice of CA.

Associate

Sits in 3 divisions of 3 members each Jurisdiction


Requisites:
1. Offense committed is a violation of RA
3019, RA 1379, Ch2 Sec2 Title VII Book II
RPC, EO Nos. 1, 2, 14, 14-A, other offenses
or felonies whether simple or complexed
with other crimes.
2. Offender is a public official or employee
holding any of the positions enumerated in
par. A Sec 4 RA 8249.

Offense committed is in relation to the


office.
Decisions or review unanimous vote of all 3 members
required for the pronouncement of a judgment by a division,
reviewable by the SC on a petition for certiorari

By the President from a list of at least 6


nominees; and
From a list of at least 3 nominees for every
vacancy thereafter. To be filled in 3 months.

Term of office 7 years without reappointment.


Rank:
Of Chairmen
and members
of
Commissions.

Constitutional
9

Salary: Salary shall not be decreased during their term of office.


(3)

Section 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 1X-A of this Constitution.
Section 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.
Section 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.
Section 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.
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 appropriate cases, notify the complainants of the
action taken and the result thereof.

A. Power to investigate

Section 13. The Office of the Ombudsman shall have the following powers,
functions, and duties:
(1)

(2)

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.
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

(4)

(5)

(6)
(7)

(8)

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 or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
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.
Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.
Publicize matters covered by its investigation when circumstances
so warrant and with due prudence.
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 provided by law.

A. Powers of the Ombudsman


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, laches, or estoppel.
Section 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.
Section 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 VicePresident, 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 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.
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10

Allegiance of public officers

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