Public Office is the right, authority, and duty created and conferred by law by which a given period either fixed by law or enduring at the pleasure of the appointing power.
Nature of Public Office
1. Public Trust- means Public Office Position should be of rendering service to the public.
2. Public Office is not a Property- the holder of the office should not claim that he as the full right and he owns his position.
3. Public Office is not a Contract- anyone being removed from the office should not blame the government for any damages he sue after being removed.
Impeachment –method of national inquest into the conduct of Public Men.
Officials to be removed by the Impeachment
1. President and Vice-President
2. Member of the Supreme Court
3. Members of the Constitutional Commission
4. Ombudsman
Grounds for Impeachment
1. Culpable Violation of the Constitution- willing to violate the constitution.
2. Treason- giving alliances other than the Republic of the Philippines.
3. Bribery- accepting gift which has a certain exchange.
4. Betrayal of the Public Trust- loss of the trust of the public
5. Other High Crimes
Steps on an Impeachment Trial
1. Filling of an Impeachment complain from the House of Representatives.
2. A required vote f 1/3 of the Member of House.
3. Impeachment Trial in the Senate.
4. 2/3 vote of the senators to decide the faith of the one being impeached.
Penalty in Impeachment Case
1. Removal to the Office.
2. Disqualification to hold any office in the Republic of the Philippines.
The Ombudsman (Office of the Special Prosecutor)
-known as the “Tanodbayan”
-serves as the WATCHDOG of the Government Offices and Agencies.
Power of the Ombudsman
1. Investigate- made an investigation on a certain complain against a Government Officials
2. Prosecute- suggest a solution to the complain
Composition of the Ombudsman
1. One Over-all Deputy Ombudsman
2. One Deputy Ombudsman for the 3 Major Islands in the Philippines (Luzon, Visayas, Mindanao)
3. One Deputy Ombudsman on the AFP and law enforcing Agency.
Ombudsman Personnel Appointment and Term of Office
1. A list of at least 6 candidate should be passed by the Judicial and Bar Council to the President. Confirmation of the Commission on Appointment is not needed.
2. Qualifications:
a. Natural Born Citizen of the Philippines
b. Must be 40 years old on the time of their appointment
c. Must be member of Philippine Bar
d. Must have a recognized probity and independence
3. Term of Office – seven years without reappointment in the Ombudsman.
I'll be using this on my report and revising it a little. Thank You!!! And Godbless
ReplyDeleteSure. As long as it is used for educational purposes :)
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