SAN BEDA COLLEGE OF LAW 2017

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ARTICLE XI session days from such referral, together

with the corresponding resolution. The
ACCOUNTABILITY OF PUBLIC resolution shall be calendared for
consideration by the House within ten
OFFICERS session days from receipt thereof.
SECTION 1. Public office is a public trust. (3) A vote of at least one-third of all the
Public officers and employees must at all Members of the House shall be necessary
times be accountable to the people, serve either to affirm a favorable resolution with
them with utmost responsibility, integrity, the Articles of Impeachment of the
loyalty, and efficiency, act with patriotism Committee, or override its contrary
and justice, and lead modest lives. resolution. The vote of each Member shall
be recorded.
SECTION 2. The President, the Vice-
President, the Members of the Supreme (4) In case the verified complaint or
Court, the Members of the Constitutional resolution of impeachment is filed by at
Commissions, and the Ombudsman may be least one-third of all the Members of the
removed from office, on impeachment for, House, the same shall constitute the
and conviction of, culpable violation of the Articles of Impeachment, and trial by the
Constitution, treason, bribery, graft and Senate shall forthwith proceed.
corruption, other high crimes, or betrayal
of public trust. All other public officers and (5) No impeachment proceedings shall be
employees may be removed from office as initiated against the same official more
provided by law, but not by impeachment. than once within a period of one year.
SECTION 3. (1) The House of (6) The Senate shall have the sole power to
Representatives shall have the exclusive try and decide all cases of impeachment.
power to initiate all cases of impeachment. When sitting for that purpose, the Senators
shall be on oath or affirmation. When the
(2) A verified complaint for impeachment President of the Philippines is on trial, the
may be filed by any Member of the House of Chief Justice of the Supreme Court shall
Representatives or by any citizen upon a preside, but shall not vote. No person shall
resolution of endorsement by any Member be convicted without the concurrence of
thereof, which shall be included in the two-thirds of all the Members of the
Order of Business within ten session days, Senate.
and referred to the proper Committee
within three session days thereafter. The (7) Judgment in cases of impeachment
Committee, after hearing, and by a shall not extend further than removal from
majority vote of all its Members, shall office and disqualification to hold any
submit its report to the House within sixty office under the Republic of the Philippines,
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 SAN BEDA COLLEGE OF LAW 2017
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but the party convicted shall nevertheless the Philippines, and at the time of their
be liable and subject to prosecution, trial, appointment, at least forty years old, of
and punishment according to law. recognized probity and independence, and
members of the Philippine Bar, and must
(8) The Congress shall promulgate its rules not have been candidates for any elective
on impeachment to effectively carry out office in the immediately preceding
the purpose of this section. election. The Ombudsman must have for
ten years or more been a judge or engaged
SECTION 4. The present anti-graft court in the practice of law in the Philippines.
known as the Sandiganbayan shall
continue to function and exercise its During their tenure, they shall be subject to
jurisdiction as now or hereafter may be the same disqualifications and prohibitions
provided by law. as provided for in Section 2 of Article IX-A
of this Constitution.
SECTION 5. There is hereby created the
independent Office of the Ombudsman, SECTION 9. The Ombudsman and his
composed of the Ombudsman to be known Deputies shall be appointed by the
as Tanodbayan, one overall Deputy and at President from a list of at least six
least one Deputy each for Luzon, Visayas, nominees prepared by the Judicial and Bar
and Mindanao. A separate Deputy for the Council, and from a list of three nominees
military establishment may likewise be for every vacancy thereafter. Such
appointed. appointments shall require no
confirmation. All vacancies shall be filled
SECTION 6. The officials and employees of within three months after they occur.
the Office of the Ombudsman, other than
the Deputies, shall be appointed by the SECTION 10. The Ombudsman and his
Ombudsman according to the Civil Service Deputies shall have the rank of Chairman
Law. and Members, respectively, of the
Constitutional Commissions, and they shall
SECTION 7. The existing Tanodbayan shall receive the same salary, which shall not be
hereafter be known as the Office of the decreased during their term of office.
Special Prosecutor. It shall continue to
function and exercise its powers as now or SECTION 11. The Ombudsman and his
hereafter may be provided by law, except Deputies shall serve for a term of seven
those conferred on the Office of the years without reappointment. They shall
Ombudsman created under this not be qualified to run for any office in the
Constitution. election immediately succeeding their
cessation from office.
SECTION 8. The Ombudsman and his
Deputies shall be natural-born citizens of
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SECTION 12. The Ombudsman and his (4) Direct the officer concerned, in any
Deputies, as protectors of the people, shall appropriate case, and subject to such
act promptly on complaints filed in any limitations as may be provided by law, to
form or manner against public officials or furnish it with copies of documents relating
employees of the Government, or any to contracts or transactions entered into by
subdivision, agency or instrumentality his office involving the disbursement or use
thereof, including government-owned or of public funds or properties, and report
controlled corporations, and shall, in any irregularity to the Commission on
appropriate cases, notify the complainants Audit for appropriate action.
of the action taken and the result thereof.
(5) Request any government agency for
SECTION 13. The Office of the Ombudsman assistance and information necessary in
shall have the following powers, functions, the discharge of its responsibilities, and to
and duties: examine, if necessary, pertinent records
and documents.
(1) Investigate on its own, or on complaint
by any person, any act or omission of any (6) Publicize matters covered by its
public official, employee, office or agency, investigation when circumstances so
when such act or omission appears to be warrant and with due prudence.
illegal, unjust, improper, or inefficient.
(7) Determine the causes of inefficiency,
(2) Direct, upon complaint or at its own red tape, mismanagement, fraud, and
instance, any public official or employee of corruption in the Government and make
the Government, or any subdivision, agency recommendations for their elimination and
or instrumentality thereof, as well as of any the observance of high standards of ethics
government-owned or controlled and efficiency.
corporation with original charter, to
perform and expedite any act or duty (8) Promulgate its rules of procedure and
required by law, or to stop, prevent, and exercise such other powers or perform such
correct any abuse or impropriety in the functions or duties as may be provided by
performance of duties. law.

(3) Direct the officer concerned to take SECTION 14. The Office of the Ombudsman
appropriate action against a public official shall enjoy fiscal autonomy. Its approved
or employee at fault, and recommend his annual appropriations shall be
removal, suspension, demotion, fine, automatically and regularly released.
censure, or prosecution, and ensure
compliance therewith. SECTION 15. The right of the State to
recover properties unlawfully acquired by
public officials or employees, from them or
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 SAN BEDA COLLEGE OF LAW 2017
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from their nominees or transferees, shall [REPUBLIC ACT NO. 8249]

not be barred by prescription, laches, or
estoppel. AN ACT FURTHER DEFINING THE
JURISDICTION OF
SECTION 16. No loan, guaranty, or other THE SANDIGANBAYAN, AMENDING FOR
form of financial accommodation for any THE PURPOSE PRESIDENTIAL DECREE
business purpose may be granted, directly NO. 1606, AS AMENDED, PROVIDING
or indirectly, by any government-owned or FUNDS THEREFOR, AND FOR OTHER
controlled bank or financial institution to PURPOSES
the President, the Vice-President, the
Members of the Cabinet, the Congress, the Be it enacted by the Senate and House of
Supreme Court, and the Constitutional Representatives of the Philippines in
Commissions, the Ombudsman, or to any Congress assembled:
firm or entity in which they have
controlling interest, during their tenure. SECTION 1. The first paragraph of Section
1 of Presidential Decree No. 1606, as
SECTION 17. A public officer or employee amended, is hereby further amended to
shall, upon assumption of office and as read as follows:
often thereafter as may be required by law,
submit a declaration under oath of his “SECTION. 1. Sandiganbayan; Composition,
assets, liabilities, and net worth. In the case Qualifications; Tenure; Removal and
of the President, the Vice-President, the Compensation. – A special court, of the
Members of the Cabinet, the Congress, the same level as the Court of Appeals and
Supreme Court, the Constitutional possessing all the inherent powers of a
Commissions and other constitutional court of justice, to be known as
offices, and officers of the armed forces the Sandiganbayan is hereby created
with general or flag rank, the declaration composed of a presiding justice and
shall be disclosed to the public in the fourteen associate justices who shall be
manner provided by law. appointed by the President.”

SECTION 18. Public officers and employees SEC. 2. Section 2 of the same decree is
owe the State and this Constitution hereby further amended to read as
allegiance at all times, and any public follows:
officer or employee who seeks to change his
citizenship or acquire the status of an “SEC. 2. Official Station; Place of Holding
immigrant of another country during his Sessions. – The Sandiganbayan shall have
tenure shall be dealt with by law. its principal office in the Metro Manila
area and shall hold sessions thereat for
the trial and determination of cases filed
with it: Provided, however, That cases
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 SAN BEDA COLLEGE OF LAW 2017
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originating from the principal are officials occupying the following

geographical regions of the country, that positions in the government whether in a
is, from Luzon, Visayas or Mindanao, shall permanent, acting or interim capacity, at
be heard in their respective regions of the time of the commission of the offense:
origin except only when the greater
convenience of the accused and of the “(1) Officials of the executive branch
witnesses, or other compelling occupying the positions of regional
considerations require the contrary, in director and higher, otherwise classified
which instance a case originating from as Grade ’27’ and higher, of the
one geographical region may be heard in Compensation and Position Classification
another geographical region: Provided, Act of 1989 (Republic Act No. 6758),
further, That for this purpose the specifically including:
presiding justice shall authorize any
divisions of the court to hold sessions at “(a) Provincial governors, vice-governors,
any time and place outside Metro Manila members of the sangguniang
and, where the interest of justice so panlalawigan and provincial treasurers,
requires, outside the territorial assessors, engineers and other provincial
boundaries of the Philippines. department heads;
The Sandiganbayan may require the
services of the personnel and the use of “(b) City mayors, vice-mayors, members
facilities of the courts or other of the sangguniang panlungsod, city
government offices where any of the treasurers, assessors engineers and other
divisions is holding sessions and the city department heads;
personnel of such courts or offices shall
be subject to the orders of “(c) Officials of the diplomatic service
the Sandiganbayan.” occupying the position of consul and
higher;
SEC. 3. The second paragraph of Section 3
of the same decree is hereby deleted. “(d) Philippine army and air force
colonels, naval captains, and all officers of
SEC. 4. Section 4 of the same decree is higher rank;
hereby further amended to read as
follows: “(e) Officers of the Philippine National
Police while occupying the position of
“a. Violations of Republic Act No. 3019, as provincial director and those holding the
amended, otherwise known as the Anti- rank of senior superintendent or higher;
graft and Corrupt Practices Act, Republic
Act No. 1379, and Chapter II, Section 2, “(f) City and provincial prosecutors and
Title VII, Book II of the Revised Penal their assistants, and officials and
Code, where one or more of the accused
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 SAN BEDA COLLEGE OF LAW 2017
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prosecutors in the Office of the salary grade ’27’ or higher, as prescribed

Ombudsman and special prosecutor; in the said Republic Act No. 6758, or
military or PNP officers mentioned above,
“(g) Presidents, directors or trustees, or exclusive original jurisdiction thereof
managers of government-owned or - shall be vested in the proper regional trial
controlled corporations, state universities court, metropolitan trial court, municipal
or educational institutions or trial court and municipal circuit trial
foundations; court as the case may be, pursuant to
their respective jurisdiction as provided
“(2) Members of Congress and officials in Batas Pambansa Blg. 129, as amended.
thereof classified as Grade ’27’ and up
under the Compensation and Position “The Sandiganbayan shall exercise
Classification Act of 1989; exclusive appellate jurisdiction over final
judgments, resolutions or orders or
“(3) Members of the judiciary without regional trial courts whether in the
prejudice to the provisions of the exercise of their own original jurisdiction
Constitution; or of their appellate jurisdiction as herein
provided.
“(4) Chairmen and members of
Constitutional Commissions, without “The Sandiganbayan shall have exclusive
prejudice to the provisions of the original jurisdiction over petitions for the
Constitution; and issuance of the writs of mandamus,
prohibition, certiorari, habeas
“(5) All other national and local officials corpus, injunctions, and other ancillary
classified as Grade’27’and higher under writs and processes in aid of its appellate
the Compensation and Position jurisdiction and over petitions of similar
Classification Act of 1989. nature, including quo warranto, arising or
that may arise in cases filed or which may
“b. Other offenses or felonies whether be filed under Executive Order Nos. 1, 2,
simple or complexed with other crimes 14 and 14-A, issued in
committed by the public officials and 1986: Provided, That the jurisdiction over
employees mentioned in subsection a of these petitions shall not be exclusive of
this section in relation to their office. the Supreme Court.

“c. Civil and criminal cases filed pursuant “The procedure prescribed in Batas
to and in connection with Executive Order Pambansa Blg. 129, as well as the
Nos. 1, 2, 14 and 14-A, issued in 1986. implementing rules that the Supreme
Court has promulgated and may hereafter
“In cases where none of the accused are promulgate, relative to appeals/petitions
occupying positions corresponding to for review to the Court of Appeals, shall
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apply to appeals and petitions for review court, said civil action shall be transferred
filed with the Sandiganbayan. In all cases to the Sandiganbayan or the appropriate
elevated to the Sandiganbayan and from court, as the case may be, for
the Sandiganbayan to the Supreme Court, consolidation and joint determination
the Office of the Ombudsman, through its with the criminal action, otherwise the
special prosecutor, shall represent the separate civil action shall be deemed
People of the Philippines, except in cases abandoned.”
filed pursuant to Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986. SEC. 5. Section 7 of the same decree is
hereby further amended to read as
“In case private individuals are charged as follows:
co-principals, accomplices or accessories
with the public officers or employees, “SEC. 7. Form, Finality and Enforcement of
including those employed in government- Decisions. – All decisions and final orders
owned or controlled corporations, they determining the merits of a case or finally
shall be tried jointly with said public disposing of the action or proceedings of
officers and employees in the proper the Sandiganbayan shall contain complete
courts which shall exercise exclusive findings of the facts and the law on which
jurisdiction over them. they are based, on all issues properly
raised before it and necessary in deciding
“Any provisions of law or Rules of Court the case.
to the contrary notwithstanding, the
criminal action and the corresponding “A petition for reconsideration of any final
civil action for the recovery of civil order or decision may be filed within
liability shall at all times be fifteen (15) days from promulgation or
simultaneously instituted with, and notice of the final order on judgment, and
jointly determined in, the same such motion for reconsideration shall be
proceeding by the Sandiganbayan or the decided within thirty (30) days from
appropriate courts, the filing of the submission thereon.
criminal action being deemed to
necessarily carry with it the filing of the “Decisions and final orders of
civil action, and no right to reserve the the Sandiganbyan shall be appealable to
filing of such civil action separately from the Supreme Court by petition for review
the criminal action shall be on certiorari raising pure questions of law
recognized: Provided, however, That in accordance with Rule 45 of the Rules of
where the civil action had therefore been Court. Whenever, in any case decided by
filed separately but judgment therein has the Sandiganbayan, the penalty
not yet been rendered, and the criminal of reclusion perpetua, life imprisonment
case is hereafter filed with or death is imposed, the decision shall be
the Sandiganbayan or the appropriate
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appealable to the Supreme Court in the declared unconstitutional or invalid, such

manner prescribed in the Rules of Court. parts or portions not affected thereby
shall remain in full force and effect.
“Judgments and orders of
the Sandiganbayan shall be executed and SEC. 9. Repealing Clause. – All acts,
enforced in the manner provided by law. decrees, general orders and circulars, or
parts thereof inconsistent with the
“Decisions and final orders of other courts provisions of this Act are hereby repealed
in cases cognizable by said courts under or modified accordingly.
this decree as well as those rendered by
them in the exercise of their appellate SEC. 10. Effectivity. – This Act shall take
jurisdiction shall be appealable to, or be effect fifteen (15) days after its complete
reviewable by, the Sandiganbayan in the publication in at least two (2) newspapers
manner provided by Rule 122 of the Rules of general circulation.
of the Court.
Approved,
“In case, however, the imposed penalty by
the Sandiganbayan or the regional trial
court in the proper exercise of their
respective jurisdictions, is death, review
by the Supreme Court shall be automatic, [REPUBLIC ACT NO. 1379]
whether or not accused files an appeal.”
AN ACT DECLARING FORFEITURE IN
SEC. 6. Appropriations. – The amount FAVOR OF THE STATE ANY PROPERTY
necessary to carry out the initial FOUND TO HAVE BEEN UNLAWFULLY
implementation of this Act shall be ACQUIRED BY ANY PUBLIC OFFICER OR
charged against the current fiscal year EMPLOYEE AND PROVIDING FOR THE
appropriations of the Sandiganbayan. PROCEEDINGS THEREFOR. Be it enacted
Thereafter, such sums as may be needed by the Senate and House of
for its continued implementation shall be Representatives of the Philippines in
included in the annual General Congress assembled:
Appropriations Act.
Section 1. Definitions. –
SEC. 7. Transitory Provision. – This Act
(a) For the purposes of this Act, a "public
shall apply to all cases pending in any
officer or employee" means any person
court over which trial has not begun as of
holding any public office or employment
the approval hereof.
by virtue of an appointment, election or
contract, and any person holding any
SEC. 8. Separability of Provisions. – If for
office or employment, by appointment or
any reason any provision of this Act is
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 SAN BEDA COLLEGE OF LAW 2017
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contract, in any State owned or controlled legitimately acquired property, said

corporation or enterprise. property shall be presumed prima facie to
have been unlawfully acquired. The
(b) "Other legitimately acquired Solicitor General, upon complaint by any
property" means any real or personal taxpayer to the city or provincial fiscal
property, money or securities which the who shall conduct a previous inquiry
respondent has at any time acquired by similar to preliminary investigations in
inheritance and the income thereof, or by criminal cases and shall certify to the
gift inter vivos before his becoming a Solicitor General that there is reasonable
public officer or employee, or any ground to believe that there has been
property (or income thereof) already committed a violation of this Act and the
pertaining to him when he qualified for respondent is probably guilty thereof,
public office or employment, or the fruits shall file, in the name and on behalf of the
and income of the exclusive property of Republic of the Philippines, in the Court of
the respondent's spouse. It shall not First Instance of the city or province
include: where said public officer or employee
resides or holds office, a petition for a
1. Property unlawfully acquired by the
writ commanding said officer or
respondent, but its ownership is
concealed by its being recorded in the employee to show cause why the
property aforesaid, or any part thereof,
name of, or held by, the respondent's
should not be declared property of the
spouse, ascendants, descendants,
State: Provided, That no such petition
relatives, or any other person.
shall be filed within one year before any
2. Property unlawfully acquired by the general election or within three months
respondent, but transferred by him to before any special election.
another person or persons on or after the
effectivity of this Act. The resignation, dismissal or separation
of the officer or employee from his office
3. Property donated to the respondent or employment in the Government or in
during his incumbency, unless he can the Government-owned or controlled
prove to the satisfaction of the court that corporation shall not be a bar to the filing
the donation is lawful. of the petition: Provided, however, That
the right to file such petition shall
Section 2. Filing of petition. — Whenever prescribe after four years from the date of
any public officer or employee has the resignation, dismissal or separation or
acquired during his incumbency an expiration of the term of the officer or
amount of property which is manifestly employee concerned, except as to those
out of proportion to his salary as such who have ceased to hold office within ten
public officer or employee and to his years prior to the approval of this Act, in
other lawful income and the income from which case the proceedings shall

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prescribe after four years from the of the court, how he has acquired the
approval hereof. property in question.

Section 3. The petition. — The petition Section 6. Judgment. — If the respondent

shall contain the following information: is unable to show to the satisfaction of the
court that he has lawfully acquired the
(a) The name and address of the property in question, then the court shall
respondent. declare such property, forfeited in favor
of the State, and by virtue of such
(b) The public office or employment he
judgment the property aforesaid shall
holds and such other public offices or
employment which he has previously held. become property of the State: Provided,
That no judgment shall be rendered
(c) The approximate amount of property within six months before any general
he has acquired during his incumbency in election or within three months before
his past and present offices and any special election. The Court may, in
employments. addition, refer this case to the
corresponding Executive Department for
(d) A description of said property, or such administrative or criminal action, or both.
thereof as has been identified by the
Solicitor General. Section 7. Appeal. — The parties may
appeal from the judgment of the Court of
(e) The total amount of his government First Instance as provided in the Rules of
salary and other proper earnings and Court for appeals in civil cases.
incomes from legitimately acquired
property, and Section 8. Protection against self-
incrimination. — Neither the respondent
(f) Such other information as may enable nor any other person shall be excused
the court to determine whether or not the from attending and testifying or from
respondent has unlawfully acquired producing books, papers, correspondence,
property during his incumbency. memoranda and other records on the
ground that the testimony or evidence,
Section 4. Period for the answer. — The
documentary or otherwise, required of
respondent shall have a period of fifteen
him may tend to incriminate him or
(15) days within which to present his
subject him to prosecution; but no
answer.
individual shall be prosecuted criminally
Section 5. Hearing. — The Court shall set for or on account of any transaction,
a date for a hearing, which may be open to matter or thing concerning which he is
the public, and during which the compelled, after having claimed his
respondent shall be given ample privilege against self-incrimination, to
opportunity to explain, to the satisfaction testify or produce evidence, documentary
or otherwise, except that such individual
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so testifying shall not be exempt from person who shall knowingly accept such
prosecution and conviction for perjury or transfer or conveyance.
false testimony committed in so testifying
or from administrative proceedings. Section 13. Separability of provisions. —
If any provision of this Act or the
Section 9. Immunity. — The Solicitor application thereof to any person or
General may grant immunity from circumstance, is held invalid, the
criminal prosecution to any person who remainder of the Act and the application
testifies to the unlawful manner in which of such provision to other persons or
the respondent has acquired any of the circumstances shall not be affected
property in question in cases where such thereby.
testimony is necessary to prove violations
of this Act. Section 14. Effective date. — This Act
shall take effect on its approval, and shall
Section 10. Effect of record of title. — The apply not only to property thereafter
fact that any real property has been unlawfully acquired but also to property
recorded in the Registry of Property or unlawfully acquired before the effective
office of the Register of Deeds in the name date of this Act. Approved: June 18 , 1955
of the respondent or of any person
mentioned in paragraphs (1) and (2) of
subsection (b) of section one hereof shall ERNESTO B. FRANCISCO, JR. vs. THE
not prevent the rendering of the judgment HOUSE OF REPRESENTATIVES
referred to in section six of this Act. G.R. No. 160261. November 10, 2003.
Section 11. Laws on prescription. — The
laws concerning acquisitive prescription FACTS: On July 22, 2002, the House of
and limitation of actions cannot be Representatives adopted a Resolution,
invoked by, nor shall they benefit the sponsored by Representative Felix
respondent, in respect of any property William D. Fuentebella, which directed
unlawfully acquired by him. the Committee on Justice "to conduct an
investigation, in aid of legislation, on the
Section 12. Penalties. — Any public officer manner of disbursements and
or employee who shall, after the effective expenditures by the Chief Justice of the
date of this Act, transfer or convey any Supreme Court of the Judiciary
unlawfully acquired property shall be Development Fund (JDF)." On June 2,
repressed with imprisonment for a term 2003, former President Joseph E. Estrada
not exceeding five years, or a fine not filed an impeachment complaint against
exceeding ten thousand pesos, or both Chief Justice Hilario G. Davide Jr. and
such imprisonment and fine. The same seven Associate Justices of this Court for
repression shall be imposed upon any "culpable violation of the Constitution,
betrayal of the public trust and other high

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crimes." The complaint was endorsed by 2. Whether the resolution thereof is a

Representatives Rolex T. Suplico, Ronaldo political question – has resulted in a
B. Zamora and Didagen Piang Dilangalen, political crisis.
and was referred to the House Committee.
The House Committee on Justice ruled on HELD:
October 13, 2003 that the first 1. Having concluded that the initiation
impeachment complaint was "sufficient in takes place by the act of filing of the
form," but voted to dismiss the same on impeachment complaint and referral to
October 22, 2003 for being insufficient in the House Committee on Justice, the
substance. To date, the Committee Report initial action taken thereon, the meaning
to this effect has not yet been sent to the of Section 3 (5) of Article XI becomes
House in plenary in accordance with the clear. Once an impeachment complaint
said Section 3(2) of Article XI of the has been initiated in the foregoing
Constitution. Four months and three manner, another may not be filed against
weeks since the filing on June 2, 2003 of the same official within a one year period
the first complaint or on October 23, 2003, following Article XI, Section 3(5) of the
a day after the House Committee on Constitution. In fine, considering that the
Justice voted to dismiss it, the second first impeachment complaint, was filed by
impeachment complaint was filed with former President Estrada against Chief
the Secretary General of the House by Justice Hilario G. Davide, Jr., along with
Representatives Gilberto C. Teodoro, Jr. seven associate justices of this Court, on
and Felix William B. Fuentebella against June 2, 2003 and referred to the House
Chief Justice Hilario G. Davide, Jr., founded Committee on Justice on August 5, 2003,
on the alleged results of the legislative the second impeachment complaint filed
inquiry initiated by above-mentioned by Representatives Gilberto C. Teodoro, Jr.
House Resolution. This second and Felix William Fuentebella against the
impeachment complaint was Chief Justice on October 23, 2003 violates
accompanied by a "Resolution of the constitutional prohibition against the
Endorsement/Impeachment" signed by at initiation of impeachment proceedings
least one-third (1/3) of all the Members against the same impeachable officer
of the House of Representatives. within a one-year period.

ISSUES: 2.From the foregoing record of the

1. Whether or not the filing of the second proceedings of the 1986 Constitutional
impeachment complaint against Chief Commission, it is clear that judicial power
Justice Hilario G. Davide, Jr. with the is not only a power; it is also a duty, a
House of Representatives falls within the duty which cannot be abdicated by the
one year bar provided in the Constitution. mere specter of this creature called the
political question doctrine. Chief Justice
Concepcion hastened to clarify, however,
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that Section 1, Article VIII was not public officers, hence, outside
intended to do away with "truly political theapplication of RA 3019.
questions." From this clarification it is
gathered that there are two species of The Deputy Ombudsman denied
political questions: (1) "truly political petitioners' omnibus motion to dismiss,
questions" and (2) those which "are not ruling that although PAL was originally
truly political questions." Truly political organized as a private corporation, its
questions are thus beyond judicial review, controlling stock was later acquired by
the reason for respect of the doctrine of the government through the GSIS.
separation of powers to be maintained. Therefore, it became a government-
On the other hand, by virtue of Section 1, owned or controlled corporation (GOCC)
Article VIII of the Constitution, courts can as enunciated in Quimpo v. Tanodbayan.
review questions which are not truly The Deputy Ombudsman also held that
political in nature. petitioners were public officers within the
definition of RA 3019, Section 2 (b).
Under that provision, public officers
included "elective, appointive officials and
employees, permanent or temporary,
KHAN VS. OMBUDSMAN whether in the classified or unclassified
orexempt service receiving compensation,
G.R. No. 125296, July 20, 2006
even nominal, from the Government."
FACTS: Petitioners Ismael G. Khan, Jr. and
Petitioners appealed the order to the
Wenceslao L. Malabanan, former officers
of Philippine Airlines (PAL), were charged Ombudsman which affirmed the decision
of the Deputy Ombudsman.
before the Deputy Ombudsman (Visayas)
with violation of RA 3019 (the Anti-Graft
and Corrupt Practices Act) for using their Petitioners, thus, filed a petition for
certiorari before the Supreme Court.
positions in PAL to secure a contract for
Synergy Services Corporation, a Petitioners argue that: (1) the
Ombudsman's jurisdiction only covers
corporation engaged in hauling and
GOCCs with original charters and these do
janitorial services in which they were
shareholders. not include PAL, a private entity created
under the general corporation law; (2)
Quimpo does not apply to the case at bar
Petitioners filed an omnibus motion to
and (3) RA 3019 only concerns "public
dismiss the complaint on the following
officers," thus, they cannot be
grounds: (1) the Ombudsman had no
jurisdiction over them since PAL was a investigated or prosecuted under that law.
private entity and (2) they were not
ISSUE:

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1. Whether or not the Ombudsman has jurisdiction over public officials/

jurisdiction over GOCC without original employees of GOCCs with original
charter charters. This being so, it can only
investigate and prosecute acts or
2. Whether or not the Quimpo case apply omissions of the officials/employees of
to the case at bar government corporations.
Therefore, although the government later
3. Whether or not petitioners PAL officers on acquired the controlling interest in
are public officers PAL, the fact remains that the latter did
not have an "original charter" and its
HELD: officers/employees could not be
investigated and/or prosecuted by the
1. Jurisdiction of the ombudsman over Ombudsman.
GOCCS is confined only to those with
original charters In Juco v. National Labor Relations
Commission, we ruled that the phrase
Article XI, Section 13(2) of the 1987 "with original charter" means "chartered
Constitution provides: by special law as distinguished from
corporations organized under the
Sec. 13. The Office of the Ombudsman Corporation Code." PAL, being originally a
shall have the following powers, functions, private corporation seeded by private
and duties: capital and created under the general
corporation law, does not fall within the
xxx xxx xxx jurisdictional powers of the Ombudsman
under Article XI, Section 13(2) of the
(2) Direct, upon complaint or at its own Constitution. Consequently, the latter is
instance, any public officialor employee of devoid of authority to investigate or
the Government, or any subdivision, prosecute petitioners.
agency or instrumentality thereof, as well
as any government-owned or controlled
corporation with original charter, to 2. Quimpo Not Applicable to the Case at
perform and expediteany act or duty Bar
required by law, or to stop, prevent, and
correct any abuse or impropriety in the Quimpo is not applicable to the case at
performance of duties. (italics supplied) bar. In that case, Felicito Quimpo charged
in 1984 two officers of PETROPHIL in the
xxx xxx xxx Tanodbayan (now Ombudsman) for
violation of RA 3019. These officers
Based on the foregoing provision, the sought the dismissal of the case on the
Office of the Ombudsman exercises ground that the Tanodbayan had no
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jurisdiction over them as was qualified by the 1987 Constitution to

officers/employees of a private company. refer only to those with original charters.
The Court declared that the Tanodbayan
had jurisdiction over them because
PETROPHIL ceased to be a private entity 3. Petitioners, as then Officers of PAL,
when Philippine National Oil Corporation were not Public Officers
(PNOC) acquired its shares.
Neither the 1987 Constitution nor RA
In hindsight, although Quimpo appears, 6670 (The Ombudsman Act of 1989)
on first impression, relevant to this case defines who "public officers" are. Instead,
(like PETROPHIL, PAL's shares were also its varied definitions and concepts are
acquired by the government), closer found in different statutes and
scrutiny reveals that it is not actually on jurisprudence. Usually quoted in our
all fours with the facts here. decisions is Mechem, a recognized
authority on the subject. In the 2002 case
In Quimpo, the government acquired of Laurel v.Desierto,15 the Court
PETROPHIL to "perform functions related extensively quoted his exposition on the
to government programs and policies on term "public officers":
oil." The fact that the purpose in acquiring
PETROPHIL was for it to undertake A public office is the right, authority and
governmental functions related to oil was duty, created and conferred by law, by
decisive in sustaining the Tanodbayan's which, for a given period, either fixed by
jurisdiction over it. This was certainly not law or enduring at the pleasure of the
the case with PAL. The records indicate creating power, an individual is invested
that the government acquired with some portion of the sovereign
thecontrolling interest in the airline as functions of the government, to be
a result of the conversion into equity of its exercised by him for the benefit of the
unpaid loans in GSIS. No governmental public. The individual so invested is a
functions at all were involved. public officer.

Furthermore, Quimpo was decided prior The characteristics of a public office,

to the 1987 Constitution. In fact, it was according to Mechem, include the
the 1973 Constitution which the Court delegation of sovereign functions, its
relied on in concluding that the creation by law and not by contract, an
Tanodbayan had jurisdiction over oath, salary, continuance of the position,
PETROPHIL's accused officers, scope of duties, and the designation of the
particularly Article XIII, Section 6. The position as an office.
term "government-owned or controlled
corporations" in the 1973 Constitution xxx xxx xxx

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Mechem describes the delegation to the petitioners for violation of RA 3019.

individual of the sovereign functions of Accordingly, their assailed orders of July
government as "[t]he most important 13, 1989 and February 22, 1996,
characteristic" in determining whether a respectively, are SET ASIDE and
position is a public office or not. ANNULLED.

The most important characteristic which

distinguishes an office from an
employment or contract is that the
creation and conferring of an
office involves a delegation to the
individual of some of the sovereign REPUBLIC ACT NO. 6770
functions of government to be exercised
by him for the benefit of the public; − that
some portion of the sovereignty of the AN ACT PROVIDING FOR THE
country, either legislative, executive, or FUNCTIONAL AND STRUCTURAL
judicial, attaches, for the time being, to be ORGANIZATION OF THE OFFICE OF THE
exercised for the public benefit. Unless OMBUDSMAN AND FOR OTHER
the powers conferred are of this nature, PURPOSES.
the individual is not a public officer.

From the foregoing, it can be reasonably Section 1. Title. - This Act shall be known as “The Ombuds
inferred that "public officers" are those
endowed with the exercise of sovereign Sec. 2. Declaration of Policy. - The State shall maintain h
executive, legislative or judicial functions. service and take positive and effective measures against
The explication of the term is also Public office is a public trust and must at all times be acc
consistent with the Court's with utmost responsibility, integrity, loyalty, efficiency,
pronouncement in Quimpo that, in the lead modest lives.
case of officers/employees in GOCCs, they
are deemed "public officers" if their Sec. 3. Office of the Ombudsman. - The Office of the Ombu
corporations are tasked to carry out Overall Deputy, the Office of the Deputy for Luzon, the O
governmental functions. Office of the Deputy for Mindanao, the Office of the Dep
Office of the Special Prosecutor. The President may appo
for it may arise, as recommended by the Ombudsman.
WHEREFORE, the petition is hereby
GRANTED. Public respondents Deputy Sec. 4. Appointment. - The Ombudsman and his Deputie
Ombudsman (Visayas) and Office of the shall be appointed by the President from a list of at
Ombudsman are restrained from prepared by the Judicial and Bar Council, and from a l
proceeding with the investigation or vacancy thereafter, which shall be filled within three (
prosecution of the complaint against which list shall be published in a newspaper of general ci
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In the organization of the Office of the Ombudsman any business,

for filling
or beup financially
of positionsinterested
therein,in any contract
regional, cultural or ethnic considerations shall privilege
be taken granted
into account
by thetogovernment
the end thatorthe any subdivision
Office shall be as much as possible representativeincluding
of the regional,
government-owned
ethnic and cultural
or controlled
make- corporation
up of the Filipino nation. strictly avoid conflict of interest in the conduct of their o
run for any office in the election immediately followin
Sec. 5. Qualifications. - The Ombudsman and his Deputies,
shall not including
be allowed the toSpecial
appearProsecutor,
or practice before th
shall be natural born citizens of the Philippines, following
at least forty
their(40)
cessation
years old,
fromofoffice.
recognized
probity and independence, members of the Philippine Bar, and must not have been
candidates for any elective national or local office
No spouse
in the immediately
or relative bypreceding
consanguinity election
or affinity within
whether regular or special. The Ombudsman must business
have, foror ten
professional
(10) yearspartneror more, orbeen
associate
a of the Om
judge or engaged in the practice of law in the Philippines.
Prosecutor within one (1) year preceding the appointme
on any matter pending before the Office of the Ombudsm
Sec. 6. Rank and Salary. - The Ombudsman and indirectly
his Deputiestherewith.
shall have the same ranks,
salaries and privileges as the Chairman and members, respectively of a Constitutional
Commission. Their salaries shall not be decreasedThis
during disqualification
their term of office.
shall apply during the tenure
The members of the prosecution, investigation disqualification
and legal staff likewise
of the extends
Officetoofthethelaw, business
Ombudsman shall receive salaries which shall not period.chan
be less than robles
those
virtual
given law
tolibrary
comparable
positions in any office in the Government.
Sec. 10. Disclosure of Relationship. - It shall be the duty
Sec. 7. Term of Office. - The Ombudsman and his Deputies,
including including
the Specialthe Prosecutor
Special Prosecutor,
to make under oath, to
shall serve for a term of seven (7) years without reappointment.
information, a public disclosure of the identities of, and
referred to in the preceding section.
Sec. 8. Removal; Filling of Vacancy. -
The disclosure shall be filed with the Office of the
(1) In accordance with the provisions of Article XIOmbudsman
of theConstitution,
before thetreason,
appointee
bribery,
assumes
graft office and ev
and corruption, other high crimes, or betrayal of public
made pursuant
trust. to this section shall form part of the pub
(2) A Deputy, or the Special Prosecutor, may beany removed from person office by the President or for entity
any of the grounds provided for the removal of the Ombudsman, and after due process.
(3) In case of vacancy in the Office of the Ombudsman
Sec. 11.
due Structural
to death,Organization.
resignation, removal
- The authority
or and re
permanent disability of the incumbent Ombudsman mandateshallofhave
the Office
been of appointed
the Ombudsman
for a fulland for the dis
term. In case the Overall Deputy cannot assume shallthe
be vested
role ofin Acting
the Ombudsman,
Ombudsman, who the
shall have superv
President may designate any of the deputies, or the Special Prosecutor, as Acting
Ombudsman. (1) The Office of the Ombudsman may organize such d
(4) In case of temporary absence or disability ofallied
the Ombudsman,
services as the mayOverall
be necessary
Deputy shall for the effective
perform the duties of the Ombudsman until the appointed
Ombudsman as directors
returns ororisheadsable to
shall
perform
have the rank and s
his duties.
(2) The Office of the Overall Deputy shall oversee and
Sec. 9. Prohibition and Disqualifications. - The Ombudsman,
different officeshis under
Deputies theandOffice
theofSpecial
the Ombudsman. it
Prosecutor shall not, during their tenure, hold anyfunctions
other office
and duties
or employment.
assigned to Theyit by the
shall
Ombudsman.
not, during said tenure, directly or indirectly practice any other profession, participate in
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(3) The Office of the Special Prosecutor shall be composed

following powers,
of the Special
functions
Prosecutor
and duties: and his
prosecution staff. The Office of the Special Prosecutor shall be an organic component of the
Office of the Ombudsman and shall be under the supervision
(1) Investigateandand control
prosecute
of the Ombudsman.
on its own or on complaint
of any public officer or employee, office or agency, when
(4) The Office of the Special Prosecutor shall, under
illegal,
theunjust,
supervision
improperand orcontrol
inefficient.
and uponIt has primary ju
the authority of the Ombudsman, have the following the powers:
Sandiganbayan and, in the exercise of his primary ju
stage, from any investigatory agency of government, the
(a) To conduct preliminary investigation and prosecute criminal cases within the
jurisdiction of the Sandiganbayan; (2) Direct, upon complaint or at its own instance,
(b) To enter into plea bargaining agreements; andGovernment, or of any subdivision, agency or instru
(c) To perform such other duties assigned to it bygovernment-owned
the Ombudsman. or controlled corporations with
The Special Prosecutor shall have the rank and salary
expedite
of a Deputy
any actOmbudsman.
or duty required by law, or to stop,
impropriety in the performance of duties;
(5) The position structure and staffing pattern of the Office of the Ombudsman, including
the Office of the Special Prosecutor, shall be approved
(3) Direct
and prescribed
the officer by concerned
the Ombudsmanto take appropriate
shall appoint all officers and employees of the Office
employee
of the Special
at faultProsecutor,
or who neglectsin accordance
to perform an act or di
with the civil service law, rules and regulations. recommend his removal, suspension, demotion, fine, ce
compliance therewith; or enforce its disciplinary author
Sec. 12. Official Stations. - The Ombudsman, the Overall
Act: Provided,
Deputy,That the the
Deputy
refusal
forbyLuzon,
any officer
and without jus
the Deputy for the Armed Forces shall hold officethein Metropolitan
OmbudsmanManila; to remove,
the Deputy
suspend, for the
demote, fine, ce
Visayas, in Cebu City; and the Deputy for Mindanao,employee
in Davao
who City.
is at fault
The Ombudsman
or who neglects mayto perform an
transfer their stations within their respective geographical
law shall beregions,
a groundasfor public
disciplinary
interestaction
may against said
require.
(4) Direct the officer concerned, in any appropriate case,
Sec. 13. Mandate. - The Ombudsman and his Deputies,may provide
as protectors
in its rules
of theofpeople,
procedures,
shall actto furnish it wi
promptly on complaints filed in any form or manner contracts
against
or transactions
officers or employees
entered into of the
by his office inv
government, or of any subdivision, agencypublic or instrumentality
funds or properties, thereof,
and including
report any irregularit
government-owned or controlled corporations, and appropriate
enforce action;
their administrative, civil and
criminal liability in every case where the evidence warrants in order to promote efficient
service by the Government to the people. (5) Request any government agency for assistance a
discharge of its responsibilities, and to examine, if
Sec. 14. Restrictions. - No writ of injunction shall
documents;
be issued by any court to delay an
investigation being conducted by the Ombudsman under this Act, unless there is a prima
facie evidence that the subject matter of the investigation
(6) Publicizeis outside
mattersthe covered
jurisdiction
by its of investigation
the of the
Office of the Ombudsman. (1), (2), (3) and (4) hereof, when circumstanc
No court shall hear any appeal or application for prudence:
remedy against
Provided,the that
decision
the or
Ombudsman
findings of under its rul
the Ombudsman, except the Supreme Court, on pure whatquestion
cases mayof law.chan
not be robles
made virtual
public:law Provided further
library Ombudsman shall be balanced, fair and true;

Sec. 15. Powers, Functions and Duties. - The Office

(7) Determine
of the Ombudsman
the causes ofshall
inefficiency,
have thered tape, misma
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the government and make recommendations forfurtherance

their elimination
of its constitutional
and the observance
functions
of and statutory
high standards of ethics and efficiency; under this and the immediately preceding paragraph
criminal prosecution for perjury or false testimony nor s
(8) Administer oaths, issue subpoena and subpoenaremoval
ducesfrom
tecum,
office.
and take testimony in any
investigation or inquiry, including the power to examine
Any refusal
andto have
appear
access
or to
testify
bank pursuant
accounts to the aforec
and records; punishment for prompt contempt and removal of the imm

(9) Punish for contempt in accordance with the Sec. Rules

18. Rulesof of
Court
Procedure.
and under
- the same
procedure and with the same penalties provided therein;
(1) The Office of the Ombudsman shall promulgate its r
(10) Delegate to the Deputies, or its investigatorsexercise
or representatives
or performance suchof authority
its powers,or duty
functions, and dut
as shall ensure the effective exercise or performance(2) The of rules
the powers,
of procedure
functions,
shalland
include
dutiesa provision w
herein or hereinafter provided; suppletory.
(3) The rules shall take effect after fifteen days following
(11) Investigate and initiate the proper action in the
for Official
the recovery
Gazette ofor ill-gotten
in three (3) and/or
newspapers of ge
unexpired wealth amassed after February 25, one 1986of and
which the
is printed
prosecution
in theofnational
the parties
language.
involved therein.
The Ombudsman shall give priority to complaints Sec.filed
19. Administrative
against high ranking
Complaints.
government
- The Ombudsman s
officials and/or those occupying supervisory positions,
but notcomplaints
limited to acts
involving
or omissions
grave offenses
which:
as well as complaints involving large sums of money and/or properties.
(1) Are contrary to law or regulation;
Sec. 16. Applicability. - The provisions of this Act (2)
shallAre
apply
unreasonable,
to all kindsunfair,
of malfeasance,
oppressiveand or discriminator
non-feasance that have been committed by any officer (3) Are orinconsistent
employee aswith mentioned
the general
in Section
course of an agenc
13 hereof, during his tenure of office. with law; Proceed from a mistake of law or an arbitrar
exercise of discretionary powers but for an improper p
Sec. 17. Immunities. - In all hearings, inquiries, immoral
and proceedings
or devoid of justification.
of the Ombudsman,
including preliminary investigations of offenses, no person subpoenaed to testify as a
witness shall be excused from attending and testifying
Sec. 20.or Exceptions.
from producing
- The Office
books, ofpapers,
the Ombudsman
correspondence, memoranda and/or other records investigation
on the ground
of any administrative
that the testimony act ororomission comp
evidence, documentary or otherwise, required of him, may tend to incriminate him or
subject him to prosecution: Provided, That no person (1) The shall
complainant
be prosecuted
has ancriminally
adequate forremedy
or in another
on account of any matter concerning which he(2)is The compelled,
complaintafterpertains
having to claimed
a matterthe outside the
privilege against self-incrimination, to testify Ombudsman;
and produce evidence, documentary or
otherwise. chan robles virtual law library (3) The complaint is trivial, frivolous, vexatious or made
(4) The complainant has no sufficient personal inte
Under such terms and conditions as it may determine grievance; taking
or into account the pertinent
provisions of the Rules of Court, the Ombudsman (5) Themaycomplaint
grant immunity
was filedfrom aftercriminal
one year from the
prosecution to any person whose possession complained and production of. of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or proceeding
being conducted by the Ombudsman or under its Sec.
authority,
21. Officials
in the
Subject
performance
to Disciplinary
or in Authority;
the Excepti
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shall have disciplinary authority over all elective The

and appointive
preventive officials
suspension
of the
shall
Government
continue until the case
and its subdivisions, instrumentalities and agencies,
Ombudsman
including Members
but not more
of thethan
Cabinet,
six months,
local without p
government, government-owned or controlled corporations
disposition ofand
thetheir
casesubsidiaries,
by the Officeexcept
of the Ombudsma
over officials who may be removed only by impeachment
petition of
or the
overrespondent,
Members ofinCongress,
which case,
and the period of
the Judiciary. computing the period of suspension herein provided.

Sec. 22. Investigatory Power. - The Office of the Sec.Ombudsman

25. Penalties.shall
- have the power to
investigate any serious misconduct in office allegedly
(1) In committed
administrative
by officials
proceedings
removable
under byPresidential Dec
impeachment, for the purpose of filing a verified complaint
provided therein
for impeachment,
shall be applied.
if warranted.
In all cases of conspiracy between an officer or employee
(2) In otherof the
administrative
governmentproceedings,
and a private the penalty ran
person, the Ombudsman and his Deputies shallfor haveonejurisdiction
year to dismissal
to includewithsuch
forfeiture
privateof benefits or
person in the investigation and proceed against pesos
such private
(P5,000.00)
person to as
twice
the the
evidence
amountmay malversed, ille
warrant. The officer or employee and the privatediscretion
person shall
of the
be tried
Ombudsman,
jointly andtaking
shall into
be considerati
subject to the same penalties and liabilities. aggravate the liability of the officer or employee found gu

Sec. 23. Formal Investigation. - Sec. 26. Inquiries. -

(1) The Office of the Ombudsman shall inquire into ac
(1) Administrative investigations conducted by employee,
the Office of office
the orOmbudsman
agency which, shall from
be in the reports o
accordance with its rules of procedure and consistent
Ombudsman
with due or process.chan
his Deputies consider
robles virtual
to be:
law library
(2) At its option, the Office of the Ombudsman may(a) contrary
refer certain
to law complaints
or regulation;
to the proper
disciplinary authority for the institution of appropriate
(b) unreasonable,
administrative unfair,
proceedings
oppressive,against
irregular or inconsi
erring public officers or employees, which shall be
operations
terminated andwithin
functions
the period
of a public
prescribed
officer, employee, of
in the civil service law. Any delay without just cause
(c) aninerror
actinginontheany
application
referral madeor interpretation
by the of law,
Office of the Ombudsman shall be a ground for administrative
palpable erroraction
in the against
appreciation
the officers
of facts;
or
employees to whom such referrals are addressed (d) based
and onshall
improper
constitute
motives
a graft
or corrupt
offenseconsiderations
punishable by a fine of not exceeding five thousand
(e)pesos
unclear
(P5,000.00).
or inadequately explained when reasons shou
(3) In any investigation under this Act, the Ombudsman
(f) inefficiently
mayperformed
(a) enter or and otherwise
inspect the
objectionable.
premises of any office, agency, commission or tribunal; (b) examine and have access to any
book, record, file document or paper; and (c) (2)hold
The Office
privateof hearings
the Ombudsman
with both shallthe
receive compla
complaining individual and the official concerned.form concerning an official act or omission. It shall act o
it finds the same entirely baseless, it shall dismiss the s
Sec. 24. Preventive Suspension. - The Ombudsmansuch or his
dismissal
Deputy citing
may preventively
the reasons suspend
therefor. If it finds a
any officer or employee under his authority pending
further,
an investigation,
it shall first furnish
if in his the
judgment,
respondent
the public offic
evidence of guilt is strong, and the complaint and require him to submit a written answ
(a) the charge against such officer or employeereceipt
involves thereof.
dishonesty,
If the answer
oppression
is found
or grave
satisfactory, it shal
misconduct or neglect in the performance of duty;
(b) the charges would warrant removal from the service; or
(c) the respondent’s continued stay in office may prejudice the case filed against him.

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reiterated in the subsequent case of

VILLAVERT VS. DESIERTO Namuhe v. Ombudsman.

FACTS: An administrative charge for

grave misconduct was filed against
Villavert, Sales & Promotion Supervisor of OFFICE OF THE OMBUDSMAN v.
PCSO Cebu Branch. The Graft GERTRUDES MADRIAGA and ANA
Investigation Officer recommended the MARIE BERNARDO
dismissal of the case. However, Deputy 503 SCRA 631 (2006), THIRD DIVISION
Ombudsman-Visayas issued (Carpio Morales, J.)
a Memorandum finding Villavert guilty of
the charge. Hence, this petition for review The Ombudsman’s authority to impose
on certiorari under Rule 45 of the Rules of administrative penalty and enforce
Court, in relation to Sec. 27 of RA 6770. compliance therewith is not merely
recommendatory but mandatory within
the bounds of the law.
Issue: May decisions of the Ombudsman
in administrative cases be appealed to the FACTS: The San Juan School Club filed a
Supreme Court? letter-complaint filed before the Office of
the Ombudsman charging Gertrudes
Held: No. In Fabian vs. Desierto, Sec. 27 of Madriaga, school principal of San Juan
RA 6770, which authorizes an appeal to Elementary School and Ana Marie
this Court from decisions of the Office of Bernardo, Canteen Manager of the same
the Ombudsman in school, with violation of Section 1 of Rule
administrative disciplinary cases, was IV and Section 1 of Rule VI of the Rules
declared violative of the proscription in Implementing Republic Act (R.A.) No.
Sec. 30, Art. VI, of the Constitution against 6713 otherwise known as the Code of
a law which increases Conduct and Ethical Standards for Public
the appellate jurisdiction of this Court Officials and Employees. They were
without its advice and consent. In subsequently found guilty of the offense
addition, the Court noted that Rule 45 of charged. Consequently, they were meted
the 1997 Rules of Civil out the penalty of six (6) months
Procedure precludes appeals from quasi- imprisonment.
judicial agencies, like the Office of the
Ombudsman, to the Supreme Court. On appeal, the Court of Appeals declared
Consequently, appeals from decisions of that the six-month suspension meted out
the Office of the Ombudsman in by the Office of the Ombudsman to
administrative cases should be taken to Madriaga and Bernardo (Gertrudes) is
the Court of Appeals under Rule 43, as merely recommendatory to the

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Department of Education, the Office of the usurpation by the Ombudsman of the

Ombudsman filed the present Petition for authority of the head of office or any
Review on Certiorari. officer concerned. It has long been settled
that the power of the Ombudsman to
ISSUE: Whether or not the Office of the investigate and prosecute any illegal act
Ombudsman has the authority to impose or omission of any public official is not an
administrative sanctions over public exclusive authority but a shared or
officials concurrent authority in respect of the
offense charged. By stating therefore that
HELD: Article XI, Section 13 of the 1987 the Ombudsman "recommends" the
Constitution grants the Ombudsman action to be taken against an erring officer
administrative disciplinary power to or employee, the provisions in the
direct the officer concerned to take Constitution and in R.A. 6770 intended
appropriate action against a public official that the implementation of the order be
or employee at fault, and recommend his coursed through the proper officer, which
removal, suspension, demotion, fine, in this case would be the head of the BID.
censure, or prosecution, and ensure
compliance therewith. The word "recommend" in Sec. 15(3)
must thus be read in conjunction with the
Section 15(3) of R.A. No. 6770 echoes the phrases "ensure compliance therewith" or
constitutional grant to the Ombudsman of "enforce its disciplinary authority as
the power to ―recommend‖ the provided in Section 21" of R.A. No. 6770.
imposition of penalty on erring public In fine, the Ombudsman's authority to
officials and employees and ensure impose administrative penalty and
compliance therewith. enforce compliance therewith is not
merely recommendatory. It is mandatory
The Court notes that the proviso above within the bounds of the law. The
qualifies the "order" "to remove, suspend, implementation of the order imposing the
demote, fine, censure, or prosecute" an penalty is, however, to be coursed
officer or employee — akin to the through the proper officer.
questioned issuances in the case at bar.
That the refusal, without just cause, of any
officer to comply with such an order of
the Ombudsman to penalize an erring GUTIERREZ VS HOUSE OF
officer or employee is a ground for REPRESENTATIVES COMMITTEE ON
disciplinary action, is a strong indication JUSTICE 415 SCRA 44
that the Ombudsman's "recommendation" JUNE 1, 2012 ACCOUNTABILITY OF
is not merely advisory in nature but is PUBLIC OFFICERS FILING AND
actually mandatory within the bounds of
REFERRAL IMPEACHMENT MERCEDITAS
law. This should not be interpreted as
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GUTIERREZOMBUDSMAN ONE-YEAR petitioner endorsed by Representatives

BAR Colmenares, Casiño, Mariano, Ilagan, Tinio
Certiorari and prohibition and De Jesus

QuickGuide: Petitioner-Ombudsman – HOR provisionally adopted the Rules of

challenges House Resolutions of Sept. 1 and 7, Procedure on Impeachment Proceedings of
2010 finding two impeachment complaints the 14th Congress and HOR Sec-Gen
against the petitioner, simultaneously transmitted the complaint to House Speaker
referred to the House Committee on Justice, Belmonte who then, on August 9, directed the
sufficient in form and substance on grounds Committee on Rules to include it in the Order
that she was denied due process and that the of Business
said resolutions violated the one-year bar
rule on initiating impeachment proceedings – 11Aug2010: HOR simultaneously
for impeachable officers. Court dismissed the referred the two complaints to the House
petition. Committee on Justice (HCOJ for brevity)

FACTS: – After hearing, HCOJ by Resolution of

September 1, 2010, found both complaints
– 22July2010: 4 days before the sufficient in form
15th Congress opened its first session, private
respondents Risa Hontiveros-Baraquel, – 2Sept2010: The Rules of Procedure of
Danilo Lim and spouses Pestaño (Baraquel Impeachment Proceedings of the
group) filed an impeachment complaint 15 Congress was published
th
against Gutierrez upon endorsement of
Party-List Representatives Walden Bello and
– After hearing, HCOJ by Resolution of
Arlene Bag-ao
September 7, 2010 found the two complaints,
which both allege culpable violation of the
– 27July2010: HOR Sec-Gen transmitted Constitution and betrayal of public trust,
the complaint to House Speaker Belmonte sufficient in substance
who then, on August 2, directed the
Committee on Rules to include it in the Order
– Petitioner filed petitions for certiorari
of Business
and prohibition challenging Resolutions of
September 1 and 7 alleging that she was
– 3Aug2010: private respondents Renato denied due process and that these violated
Reyes Jr., Mother Mary John Mananzan, the one-year bar rule on initiating
Danilo Ramos, Edre Olalia, Ferdinand Gaite impeachment proceedings
and James Terry Ridon (Reyes group) filed an
impeachment complaint againsta herein

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 SAN BEDA COLLEGE OF LAW 2017
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ISSUE(s): exercise of such discretion, through the

power of judicial review
1. Whether the case presents a justiciable
controversy 2. DUE PROCESS: Is there a need to
2. Whether the belated publication of the publish as a mode of promulgation
Rules of Procedure of Impeachment the Rules of Procedure of
Proceedings of the 15th Congress denied Impeachment Proceedings?
due process to the Petitioner
3. Whether the simultaneous referral of the
two complaints violated the Constitution
– (P) alleges that the finding of sufficiency
RULING: Petition DISMISSED. in form and substance of the impeachment
complaints is tainted with bias as the
Ratio: Chairman of the HCOJ’s, Rep. Tupas, father
has a pending case with her at the
1. NOT A POLITICAL QUESTION Sandiganbayan

– Francisco Jr. vs HOR: Judicial review is not – Presumption of regularity

only a power but a duty of the judiciary
– The determination of sufficiency of
– the 1987 Constitution, though vesting in the form and exponent of the express grant of
House of Representatives the exclusive rule-making power in the HOR
power to initiate impeachment cases,
provides for several limitations to the – the Impeachment Rules are clear in
exercise of such power as embodied echoing the constitutional requirements
in Section 3(2), (3), (4) and (5), Article and providing that there must be
XI thereof. These limitations include a “verified complaint or resolution”, and
the manner of filing, required vote to impeach, that the substance requirement is met if
and the one year bar on the impeachment of there is “a recital of facts constituting the
one and the same official. offense charged and determinative of the
jurisdiction of the committee”
-the Constitution did not intend to leave the
matter of impeachment to the sole discretion – The Constitution itself did not provide
of Congress. Instead, it provided for certain for a specific method of promulgating the
well-defined limits, or in the language Rules.
of Baker v. Carr, “judicially discoverable
standards” for determining the validity of the

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– impeachment is primarily for the

protection of the people as a body politic, and
not for the punishment of the offender

3. THE ONE-YEAR BAR RULE

– (P): start of the one-year bar from

the filing of the first impeachment complaint
against her on July 22, 2010 or four days
before the opening on July 26, 2010 of the
15th Congress. She posits that within one A.M. No. 99-2-02-SC February 9,
year from July 22, 2010, no second 1999
impeachment complaint may be accepted
and referred to public respondent. IN RE: DENIAL OF APPEAL FROM ANY
DECISION OR FINAL RESOLUTION OR
ORDER OF THE OMBUDSMAN IN
– INITIATIVE: Filing of impeachment ADMINISTRATIVE CASES AND
complaint coupled with Congress’ taking DISMISSAL OF SPECIAL CIVIL ACTION
initial action of said complaint (referral of the RELATIVE TO SUCH DECISION,
complaint to the Committee on Justice) RESOLUTION OR ORDER

– IMPEACH: to file the case before the In light of the decision in Fabian v.
Senate Ombudsman (G.R. No. 129742, 16
September 1998), any appeal by way of
– Rationale of the one-year bar: “that the petition for review from a decision or
purpose of the one-year bar is two-fold: 1)”to final resolution or order of the
prevent undue or too frequent harassment; Ombudsman in administrative cases, or
and 2) to allow the legislature to do its special civil action relative to such
principal task [of] legislation,” decision, resolution or order filed with
the Court after 15 March 1999 shall no
longer be referred to the Court of Appeals,
“…that there should only be ONE CANDLE
that is kindled in a year, such that once the but must be forthwith DENIED or
DISMISSED respectively.
candle starts burning, subsequent
matchsticks can no longer rekindle the
Let this Resolution be published in two
candle.” (Gutierrez vs. HOR, 2011)
newspapers of general circulation in the
Philippines and copies thereof furnished

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the Integrated Bar of the Philippines and

the Ombudsman.

Promulgated this 9th day of February

1999.

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