ARTICLE X.

Local Government

General Provisions
Section 1. Units of Local Government
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.

Units of Local Government

 Local Government
o “a political subdivision of a nation or state which is constituted by law and has substantial control
of local affairs”
o Unitary system of gov’t – local gov’t can only be an infra-sovereign subdivision of one sovereign
nation
o A measure of autonomy and decentralization of the functions of gov’t
 Provinces, cities and municipalities and barangays have been fixed in this provision as the standard
territorial and political subdivisions of the PH. This manner of subdividing the PH cannot go out of
existence except by constitutional amendment.
 There are only 2 autonomous regions allowed by the Consti (CAR and ARMM). Should a 3 rd one be
desired, a constitutional amendment is needed.
 Terms:
o Province – political and territorial body corporate consisting of several municipalities and cities
o Cities and municipalities – political and territorial bodies corporate composed of barrios and are
subordinate to a province
 Highly urbanized cities, however, can be made independent of a province
o Barangay – basic political and territorial self-governing body corporate and subordinate to a
municipality or city of which it forms part; retained in 1987 Consti because:
 Historical significance in Asia
 Existing laws use the term
 There are continuing references to it in public discussions (Bernas commentary)

Section 2. Local Autonomy

The territorial and political subdivisions shall enjoy local autonomy.

Local Autonomy
 Local autonomy means that local governments have certain powers given by the Consti which may not be
curtailed by the national government, but that, outside of these, local governments may not pass ordinances
contrary to statute.
 The significance of this declaration of local autonomy is to free local governments from the well-nigh
absolute control by the legislature which characterized local government under the 1935 Consti.
 Thus, although a distinction is made between local governments in general and autonomous regions, even
those outside the autonomous regions are supposed to enjoy autonomy. (Bernas primer)

Decentralization of Administration and Decentralization of Power

 Decentralization of administration
o When the central government delegates administrative powers to political subdivisions in order to
broaden the base of government power and in the process make local governments “more
responsive and accountable,” and “ensure their fullest development as self-reliant communities
and make them more effective partners in the pursuit of national development and social progress”
o Relieves the central government of the burden of managing local affairs and enables it to
concentrate on national concerns
 Decentralization of power
o Involves an abdication of political power in favor of local government units declared to be
autonomous
 o The autonomous government is free to chart its own destiny and shape its future with minimum
intervention from central government authorities
o Decentralization of power amounts to “self-immolation,” since in that even, the autonomous
government becomes accountable not to the central authorities but to its constituency (Limbona v.
Conte Mangelin, et al.)

Section 3. Local Government Code

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.

The Local Gov’t Code

 Structuring of local gov’ts and the allocation of powers, responsibilities and resources among diff LGUs
and local officials – placed in the hands of Congress
o Present structure: executive distinct from the legislative body, different from the form of gov’t
under the old Metro Manila Commission (Bernas commentary)

“Initiative and referendum”

 The legal process whereby the registered voters of a LGU may directly propose, enact, or amend any
ordinance (Bernas primer)

“Recall”
 Legal process by which the registered voters of a LGU remove, for loss of confidence, elective local
officials
 A device or procedure by which a public official’s tenure may be terminated by a popular vote
 Encompassed in the notion of popular sovereignty
 May be applied to both elective and appointive officials (Bernas commentary)

Section 4. The President and Local governments

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.

Power of general supervision

 Power of a superior officer to see to it that lower officers perform their functions in accordance with law
o Does not include the power to substitute one’s judgment for that of a lower officer in matters
where a lower officer has various legal alternatives to choose from
 The Pres. has general supervision over all LGUs
o But his direct supervisory contact is with autonomous regions, provinces and independent cities

Section 5. Sources of Revenue

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 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.

Powers of Local Government

 Municipal corporations do not possess inherent powers of taxation
 This provision confers on municipal corporations a general power to levy taxes and otherwise create
sources of revenue (Bernas commentary)
 The power of local gov’ts to tax is liberally interpreted in its favor against the state, but it is strictly
construed against the local gov’t in favor of the taxpayer (Petron v. Mayor)
Limitations on Congress’ power to tax
 Must be progressive
 Must be for a public purpose
 Uniform within a locality
 Must not be confiscatory
 Within jurisdiction of LGU to pass

Section 6. Share in the National Taxes (IRA)

Local government units shall have a just share, as determined by law, in the national taxes which shall be
automatically released to them.

Share in Nat’l Taxes

 This provision mandates that:
o The LGUs shall have a “just share” in the nat’l taxes
o The “just share” shall be determined by law
o The “just share” shall automatically be released to the LGUs
 This provision allows Congress to determine the just share of local gov’ts in the nat’l taxes
 Uniform and non-discriminatory criteria must be prescribed in the LGC
o If not, there can be no fair and just distribution of the nat’l taxes to LGUs

Section 7. Share in Proceeds from Natural Resources

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.

Fund Sources of Local Gov’ts

 Local taxes, fees, and charges
 Its share in the national taxes
 Share in the proceeds of the utilization of natural resources within their respective areas
 Other “sources of revenue” which they may legitimately make use of either in their public of governmental
capacity or private or proprietary capacity

Section 8. Term of Local Officials

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.

Policies embodied in ART X, Sec 8

 To prevent political dynasties
 To enhance the freedom of choice of the people (Bernas primer)

Three-term limit
 Must be taken to refer to the right to be elected as well as the right to serve in the same elective position
 The three-term limit will apply when these 2 conditions concur:
o The local official concerned has been elected 3 consecutive times
o He has fully served 3 consecutive terms (Borja, Jr. v. COMELEC)

Section 9. Sectoral Representation

Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

Sectoral Representatives
 “as may be prescribed by law”
o LCG: appointed by the Pres.
o Can refer to law already existing at the time the Consti was enacted or to future laws
  Qualifications of local “sectoral representatives” are prescribed by law
o Pres. must observe the qualification requirements

Section 10. Creation, division of boundaries

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.

Creation, division, merger, abolition, substantial change of boundary

 Subject to criteria established in the LGC - legislative in nature
 Subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.
o Barangay – municipality or city-wide
o Municipality or component city – province wide
o Province – mother province

Section 11. Metropolitan political subdivisions

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 executives and legislative assemblies. The jurisdiction of the metropolitan authority that will hereby
be created shall be limited to basic services requiring coordination.

Metropolitan political subdivision

 Juridical entity with municipal powers, police, eminent domain and taxation powers exercised by a
legislative assembly but only to the extent needed for providing basic services
 Cities and municipalities which compose these subdivisions retain their basic autonomy and their own
legislative and executive powers

Metropolitan Manila Development Authority

 The Metropolitan Manila Development Authority (MMDA) is composed of:
o 12 cities: Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon,
o Muntinlupa, Las Piñas, Marikina, Parañaque and Valenzuela
o 5 municipalities: Malabon, Navotas, Pateros, San Juan and Taguig
 RA 7924: Metropolitan Manila was declared as a special development and administrative region and the
administration of metro-wide basic services affecting the region placed under a development authority

Metro-Wide Services
 Services which have a metro-wide impact and transcend local political boundaries or entail huge
expenditures such that it would not be viable for said services to be provided by the individual local
government units comprising Metro Manila
 Basic Metro-Wide Services include:
o Development planning
o Transport and traffic management
o Sold waste disposal and management
o Flood control and sewerage management
o Urban renewal, zoning and land use planning, and shelter services
o Health and sanitation, urban protection and pollution control
o Public Safety

The powers of the MMDA are limited to:

 Formulation
 Coordination
 Regulation
 Implementation
 Preparation
 Management
  Monitoring
 Setting of policies
 Installation of a system and administration

More on MMDA
 There is no grant of police power nor legislative power. It is not an LGU and thus has no power to enact
ordinances, approve resolutions and appropriate funds for the general welfare of the people of Metro
Manila. (MMDA v. Bel-Air)
 Not a resurrection of the Metropolitan Manila Authority; not the metropolitan political unit contemplated in
Section 11
 Administrative agency of the government and does not possess police power
 May exercise powers given to it by law (Bernas primer)

Section 12. Classification of Cities

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.

3 Kinds of Cities
 Highly urbanized cities as determined by law
o Don’t vote in provincial elections – they are independent from the province
 Cities not raised to the highly urbanized category but whose existing charters prohibit their voters from
voting in provincial elections
o Don’t vote in provincial elections – they are independent from the province
o Envisioned as an ad-hoc category to take care of existing charters but they can become either
“highly urbanized” or be demoted to component cities qualified to vote in the provincial elections
 Component cities
o Cannot be denied the right to vote
o Can rise to level of a highly urbanized city (Bernas primer)

Section 13. Common Efforts, services, and resources

Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for
purposes commonly beneficial to them in accordance with law.

Common efforts, services and resources

 The grouping contemplated in this provision does not create a new juridical entity
 LGUs may create these groupings even w/o prior enabling law (Bernas primer)

Section 14. Regional development councils

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.

Regional dev’t councils

 Purpose of this provision: to foster administrative decentralization as a complement to political
decentralization in order to make possible bottom-to-top planning

Autonomous Region
Section 15. Purpose, and how many Autonomous Regions
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.

Autonomous Regions
 Purpose
o The creation of a situation which will allow each culture to flourish unhampered by the dominance
of other cultures and thereby to contribute more effectively to nat’l progress
o To furnish a possible solution to the regional conflicts that have arisen partly from cultural
diversity
 Prerequisite – certain distinctive regional commonality of “historical and cultural heritage, economic and
social structures, and other relevant characteristics”
 An autonomous region is organized “within the framework of this Constitution and the national
sovereignty”

Section 16. Authority of the President over the Autonomous Region

The President shall exercise general supervision over autonomous regions to ensure that the laws are faithfully
executed.

“General supervision”
 The power of to ensure that subordinate officers execute and act w/in existing laws

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

Powers not given to autonomous regions

 Nat’l defense and security
 Foreign relations and trade
 Customs and tariff
 Quarantine
 Currency
 Monetary affairs
 Foreign exchange
 Banking and quasi-banking
 External borrowing
 Posts and communications
 Air and sea transport
 Immigration and deportation
 Citizenship and naturalization
 General auditing

Section 18. Organic Act for the Autonomous Region

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 multisectoral 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.

Section 19. Organic Act for the Autonomous Region

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.

Organic Act
 Charter for the autonomous regions
 Will be passed by Congress in the manner and accdg to the substantive specifications contained in Section
18
 An ordinary statute cannot amend an organic act that provides for an autonomous region which under the
Consti may only be created, and therefore, be changed through a plebiscite called for the purpose (Pandi v.
CA)
 The relatively short period in Section 19 is prescribed in order to emphasize the urgency of creating
autonomous regions as a means towards solving existing serious peace and order problems and foreclosing
secessionist movements

Section 20. Legislative Power

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) Administrative organization;

(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;

(4) Personal, family, and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social, and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage; and

(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of
the region.

Legislative power of autonomous regions

 Legislation by the autonomous regions can come into conflict either w/ the Consti or w/ nat’l laws
o Conflicts w/ the Consti – the Consti shall prevail
o Conflicts w/ nat’l laws – no answer as to which should prevail
 The enumeration is not exhaustive as to what the Organic Act may give to the autonomous regions. It is
intended as a political signal that indeed the Consti takes the matter of regional autonomy seriously.

Section 21. Peace and order, defense, national security

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.

Peace and order, defense, national security

 Autonomous regions are not beyond the range of the Commander-in-Chief powers of the Pres. The
autonomous regions are still part of the Republic.

ARTICLE XI. Accountability of Public Officers

Section 1. Public office is a Public trust
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.

Public office as a public trust

 Sums up the high sense of idealism that is expected of every officer of the gov’t
 Justice Malcolm: the basic idea of gov’t in the PH is that of a representative gov’t, the officers being mere
agents and not rulers of the people, one where no man or set of men has a proprietary or contractual right to
an office, but where every officer accepts office pursuant to the provisions of law and holds the office as a
trust for the people whom he represents
 Provisions are designed to exact accountability from public officers
 “lead modest lives” – even if the public officer is independently wealthy, he should not live in a manner
that flaunts his wealth (Bernas primer)

Section 2. Impeachment: Who can be impeached/Grounds for impeachment

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.

Officers who are removable only by impeachment

 President
 VP
 Members of the SC
 Chairmen and members of the Constitutional Commissions – CSC, COMELEC and COA
 Ombudsman
o In prohibiting the legislature from increasing the number of impeachable officers, the intention
was to prevent the creation of a special class of statutorily protected officials
o The right to be removed only by impeachment is the Consti’s strongest guarantee of security of
tenure

Grounds for impeachment

 Culpable violation of the Consti
o Willful and intentional violation and not those committed unintentionally or involuntarily or in
good faith or through honest mistake or judgment
 Treason
 Bribery
 Graft and corruption
 Other high crimes
o Offenses, which, like treason and bribery, are indictable offenses and are of such enormous gravity
that they strike at the very life or orderly working of the gov’t
 Betrayal of public trust
o Intended to be a catch-all phrase to cover any violation of the oath of office
o Refers to all acts, even if not punishable by statute as penal offenses, which would render the
officer unfit to continue in office

Section 3. Procedure and Penalty

(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 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.

Impeachment
 Purpose: not to punish but only to remove an officer who does not deserve to hold office
 2 phases: HOR phase (governed by rules of the House) and Senate phase (governed by rules of senate)
o HOR has exclusive power to initiate impeachment (impeachment proceeding)
 Impeachment is deemed initiated when a verified complaint is filed and referred to the
Committee on Justice for action
o Senate has sole power to try and decide all impeachment cases
 Not an ordinary proceeding but determination of worthiness of public trust conferred upon him
o Only formal proceeding through which President can be called to account • Process
 Process
o Initiation
 Complaint filed with HOR by a member of HOR
 Complaint filed by any citizen supported by a resolution of endorsement by any member
o Included in order of business within 10 session days
o Referred to Committee within 3 session days
o Committee, after hearing and by majority vote of all its members, prepares a report for the House
– either favorable or unfavorable to complaint (w/in 60 days from referral)
o Calendared by HOR within 10 session days from receipt
o House by a vote of 1/3 of members decides whether the complaint should be given due course
 Referral and vote need not be resorted to if complaint is filed by at least 1/3 of ALL
members of house
o Articled of Impeachment sent to senate
o Impeachment trial
 If President is on trial, CJ shall preside, but not vote
 2/3 Concurrence of all members is necessary to convict
 No impeachment proceeding may be initiated against the same individual more than once within one year
o This is to prevent impeachment from becoming an instrument of harassment
 Resignation of an impeachable officer does not place him beyond the reach of impeachment for offenses
committed during his tenure
Section 4. The Sandiganbayan
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.

The Sandiganbayan
 Sandiganbayan is a statutory court – created not by the Consti but by statute
 This provision reaffirms the continuing existence of the SB which has jurisdiction over criminal and civil
cases involving graft and corrupt practices
 Congress has the authority to fix its jurisdiction
 Generally, the jurisdiction of the SB is over public officers, but in case private individuals are charged as
co-principals, accomplices or accessories with the public officers or employees, they shall be tried jointly

Section 5. The Ombudsman

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 Ombudsman

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.

The Ombudsman
 The Office of the Ombudsman is an independent body
 Composition of the Office of the Ombudsman
o Ombudsman/Tanodbayan
o Overall deputy
o At least one Deputy each for Luzon, Visayas and Mindanao
o Deputy for military establishment may be appointed
 It is vested with the ff powers:
o Power to appoint all officials and employees, except deputies
 Includes the power of setting, prescribing, and administering the standards for the
officials and personnel of the Office
o Power of administrative control and supervision of the Office
 Power to organize directorates for administration and allied services as may be necessary
 Power to prescribe and approve position structure and staffing pattern
o Authority to determine and establish qualifications, duties, functions and responsibilities of
various directorates and allied services
 CSC has no power over the Office of the Ombudsman on this matter

Section 7. Tanodbayan now the Special Prosecutor


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.

Two distinct offices created in Sec 7

 Ombudsman
o Inherits the title Tanodbayan
o Acts as champion of the people, independent of and not beholden to the Pres.
o Functions accdg to the enumeration in Sec 13
o Has persuasive powers + the ability to require that proper legal steps are taken by the officers
concerned
o May seek to compel the fiscal to prosecute by mandamus in proper cases
o Power to investigate – includes power to impose preventive suspension
 Special Prosecutor
o Inherits the prosecutoral responsibility of the Tanodbayan of the 1973 Consti
Section 8. Qualifications, appointment, and term of the Ombudsman
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.

Section 9. Qualifications, appointment, and term of the Ombudsman

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. Qualifications, appointment, and term of the Ombudsman

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. Qualifications, appointment, and term of the Ombudsman

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.

Qualifications of the Ombudsman and his deputies

 Natural born citizen of the Philippines
 At least 40 years old at time of appointment
 Of recognized probity and independence
 Member of the PH bar
 Must not have been candidate for any elective office in the immediately preceding election
 For Ombudsman: He must have been for ten years or more
o A judge
o Engaged in the practice of law in the PH

Disqualifications/Prohibitions (ART IX, Sec 2)

 Cannot hold any other office or employment during his tenure
 Cannot engage in the practice of any profession or in the active management or control of any business
which may be affected by the functions of his office
 Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege
granted by the Gov’t, any of its subdivisions, agencies or instrumentalities, including GOCCs or their
subsidiaries

Appointment
 Of Ombudsman and deputies
o By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council.
Vacancies will be filled from a list of 3 nominees
o Appointments do NOT require confirmation
o All vacancies shall be filled within 3 months after they occur.
 Of other officials and employees of the Office of the Ombudsman
o By the Ombudsman
o In accordance with Civil Service Law

Term of the Ombudsman and deputies

 7 years with reappointment
 They are NOT qualified to run for any office in the election immediately succeeding their cessation from
office
Section 12. Duty to act on complaints vs. gov’t officials
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.

Duty to act on complaints vs. gov’t officials

 The present Ombudsman, as protector of the people, is mandated to act promptly on complaints filed in any
form or manner

Section 13. Powers and Responsibilities of Ombudsman; deputies

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 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 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 of procedure and exercise such other powers or perform such functions or duties as
may be provided by law.

In General
 Functions essentially as a complaints and action bureau
 One of the principal functions of the officer contemplated in this section is the capability to attend and act
immediately on complaints not leading to prosecution but to correction or implementation of the request,
either phoned in, or simply made orally or even in writing
 Congress enacted the Ombudsman Act of 1989, which among others, authorized the Ombudsman to
conduct preliminary investigations and to prosecute.
 Where the Ombudsman has the power to investigate a complaint, he also has the authority to dismiss a
complaint
o If he finds that it is insufficient in form or substance, or otherwise no ground to continue with the
inquiry, he may dismiss it
  Has no authority to substitute his judgment for the discretion of an agency which has the expertise on a
subject matter
 While the power to investigate is primary, it is not exclusive and under the Ombudsman Act of 1989, he
may delegate it to others who have the power to investigate and take it back anytime he wants to

Preventive Suspension and Imposition of Penalties

 A preventive suspension will only last 90 days, not the entire duration of the criminal case

Section 14. Fiscal Autonomy of Ombudsman

The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be
automatically and regularly released.

Section 15. Exemption of Gov’t from prescription, laches, estoppel

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.

Prescription, Laches, Estoppel

 Their right to prosecute criminally these officials and employees may prescribe
 Imprescriptibility only applies to civil actions for recovery of ill-gotten wealth and not criminal cases

Section 16. Financial Accommodation

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.

Financial accommodation
 The list of gov’t officials in Sec 16 includes those of high rank
o Intention: to prevent such officials from making use of their positions for purposes of obtaining
financial accommodations from gov’t institutions and from firms wherein they have a controlling
interest
o By limiting the list to high ranking officials, avenues for financial relief are not denied to officials
of lower rank

Section 17. Disclosure of Assets

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.

2 commands of this provision

 Filing of a declaration of assets and liabilities
o Applicable to all public officers and employees regardless of rank
 Public disclosure of assets and liabilities in the manner prescribed by law
o Applicable only to:
 Pres.
 VP
 Members of cabinet
 Congress
 SC
 Constitutional Commissions
 Other Constitutional offices
o Legislature may also require public disclosure of the assets and liabilities of other officials
Section 18. Allegiance of public officers
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.

Allegiance of Public Officers

 Public officers are expected to set the example or standard of single-minded allegiance to the nation and to
the public interest