By Dean Aubrey Caratiquet

At its core, every government around the world implements a set of checks and balances enshrined in its respective constitution to ensure that the power wielded by elected officials is not abused in any way, shape, or form.

As a democratic nation, the citizenry elects those who hold key positions in important offices that shape the future of their respective local governments and the national government as a whole, in both triennial midterm elections and national elections held every six years.

Such underscores the importance of a framework that legally binds the very institutions that keep the wheels of transport, commerce, tourism, education, defense, economy, culture, and foreign ties in motion.

Through Article XI of the 1987 Constitution, public officials are held accountable for their role in serving the constituents who cast their votes of trust and confidence in their capacity to bring about meaningful change that transcends generations and touches everyone’s lives.

Upholding democracy

In cases of reported misconduct or abuse, the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, or the Ombudsman may be removed from office by virtue of impeachment through the following offenses:

• Culpable violation/s of the Constitution
• Graft and Corruption
• Bribery
• Treason
• Betrayal of public trust
• Other high crimes

Section 3 meanwhile notes that any Member of the House of Representatives or any private citizen may lodge a verified impeachment complaint against an erring official, provided that it is referred to the proper Committee and recognized by a resolution or endorsement by any Member of this legislative body.

It added, “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.”

Once agreed upon by a third of the lawmakers, the Senate is given the green light to try and decide all cases of impeachment, with the notable distinction of not conducting more than one impeachment proceeding against the same official within a period of one year.

A Constitutional procedure

While the Senate conducts the trial as an impeachment court, the Sandiganbayan and the Office of the Ombudsman and its Deputies would step in to act upon the complaint raised against a public servant.

As part of the judiciary system, the former may exercise jurisdiction over the case as provided by the law, while the latter may wield powers, functions, and duties that include the following:

• Conduct a thorough investigation to back up the credibility of the complaint/s
• Direct the official in question to take appropriate action
• Undertake/recommend appropriate action against the offending party
• Refer disbursement irregularities to the Commission on Audit for further interventions
• Seek assistance and related information from other concerned agencies
• Exercise prudence in public disclosure of matters covered by the probe
• Unravel the causes of inefficiency, red tape, and other such malpractices in governance
• Recommend solutions to eliminate these from the system

Repercussions

Once a public official is found guilty of committing any offense that undermines public trust in established institutions, the State exercises its right to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees.

Government-owned or controlled banks or financial institutions are likewise barred from extending any financial accommodation to any of the previously mentioned impeachable officials or any firm or entity in which they have controlling interest during their tenure.

Erring officials are also compelled to submit a declaration under oath of his/her Statement of Assets, Liabilities and Net Worth (SALN) through a public disclosure as provided by law.

Section 18 added, “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.”

Some notable officials who went through this ordeal include President Joseph Estrada, Supreme Court Chief Justice Renato Corona, Ombudsman Merceditas Gutierrez, and Comelec Chairperson Andres Bautista.

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