Summary
Highlights
A public office is defined as the right, authority, and duty created and conferred by law for a given period. It refers to positions in government that come with specified rights, responsibilities, and authority recognized and established by law. The nature of public office includes public trust, meaning it is for rendering service to the public, and it is not considered personal property or a contract.
Impeachment is a legal process for national inquest into the conduct of public officials, particularly national leaders or high-ranking officials. It ensures transparency, accountability, and integrity in their performance of duties. Officials subject to impeachment include the President, Vice President, members of the Supreme Court, constitutional commissions, and the Ombudsman.
The grounds for impeachment are: culpable violation of the Constitution (intentional breach of its provisions), treason (giving allegiance to foreign powers), bribery (accepting gifts or favors for influence), betrayal of public trust (loss of public confidence due to a breach of responsibility), and other high crimes (severe abuse of power or misconduct).
The impeachment process begins with filing a complaint in the House of Representatives, requiring a one-third vote of its members to approve. The trial then takes place in the Senate, where a two-thirds vote of senators is needed to decide the fate of the impeached official. Penalties for an impeachment case include removal from office and disqualification from holding any office in the Republic of the Philippines.
The Ombudsman, also known as the 'Tanod Bayan,' serves as the watchdog of government offices and agencies. Its primary functions include investigating complaints against government officials and prosecuting cases, presenting evidence, arguments, and circumstances that demonstrate violations or undesirable actions by the accused. The goal is to suggest appropriate solutions or penalties based on the findings.
The Ombudsman's office comprises one overall deputy Ombudsman, three deputy Ombudsmen for Luzon, Visayas, and Mindanao, and one deputy Ombudsman for the Armed Forces of the Philippines and law enforcement agencies. For appointment, a list of at least six candidates is passed by the Judicial and Bar Council to the President. The Ombudsman serves a seven-year term without reappointment, and confirmation by the Commission on Appointments is not required.
To qualify as Ombudsman, an individual must be a natural-born citizen of the Philippines, at least 40 years old at the time of appointment, a member of the Philippine Bar, and possess recognized probity and independence.